As of the last legislative session inadvertent showing of your gun is not a violation of the law in Texas.
Will Texas Finally Pass an Open Carry Law for Concealed Carry Licensees
- Thread starter BPNovum
- Start date
As of the last legislative session inadvertent showing of your gun is not a violation of the law in Texas.
Why would should open carry be illegal in the first place. 2nd says bear arms not hide arms. In Montana you don't need any kind of permit to open carry. Only thing you need a permit for is to carry concealed UPON YOUR PERSON in town. A gun in your cars glove compartment isn't a concealed weapon here and if your outside the city limits they could care less how you carry your guns.
Kentucky Dave
Member
IF legal open carry were tied to having a CCW permit, I still don't see how you'd know someone carrying openly was not a criminal any more than if you saw the flash of a "concealed" weapon under the hoodie of a thug who, presumably isn't carrying concealed legally.
I can see how that would apply if open carry were allowed without a permit. But I'm not sure that I'd want to be driving through an iffy area seeing thugs legally carrying openly. Of course they'd likely be criminals who shouldn't own a gun anyway, but how would you (or an LEO) know?
In states with open carry not requiring a permit, how do police deal with that?
hangnoose
Member
JUST WHAT WE NEED, MORE LAWS
Especially oxymoronic ones. Why take the class/ spend the time & $ for a license to conceal, IF YOU WANT TO OPEN CARRY? Perhaps they can come up with a new class/license/ fees/set of new laws for open carry and further get us on their list? (sarcasm, kinda). NOT GONNA take sides on the whole CC vs OC debate. Never mind the REAL & MORE SERIOUS issues this country is facing, let's nit pic & waste more $ legislating the minutia.
Especially oxymoronic ones. Why take the class/ spend the time & $ for a license to conceal, IF YOU WANT TO OPEN CARRY? Perhaps they can come up with a new class/license/ fees/set of new laws for open carry and further get us on their list? (sarcasm, kinda). NOT GONNA take sides on the whole CC vs OC debate. Never mind the REAL & MORE SERIOUS issues this country is facing, let's nit pic & waste more $ legislating the minutia.
Calaveras Slim
US Veteran
Sir. With attitudes like yours, why am I not surprised that Kalifornia has the gun laws they do.
Not about intimidation but about personal choice.
Hodgin
US Veteran
From what I've read, this wasn't rare in the old west. In fact, gun control was the cause of the gunfight at the ok corral, probably the most famous of all the old west gunfights.
Last edited:
Chillock
Member
No, open carry is not about intimidation and bullying. No, no, no it is not. Please consider talking to people that do open carry, where they open carry and what they encounter. If people are willing to ask, and listen, open their mind to the answers, they might be surprised; if they are willing to be honest with themselves.
This has to win the prize for most ironic post...for any resident of California to refer to "sanity" in gun legislation is laughable at best. That you then go on to disrespect Texas is not in the least bit funny.
It doesn't surprise me that Texas is once again considering open carry...what does surprise me is that we don't already have it. I don't know if I would carry openly or not...but it would be nice to have the freedom to do so legally if I chose. The 2A didn't say "keep and bear concealed arms." Personally, if I was planning some mayhem and saw someone carrying a gun, I'd avoid them at all costs! Others feel it makes them a target...maybe I don't have a criminal mind, but armed people are not going to be the ones I choose to rob, etc.
Interesting...the map shows that California does allow rural open carry. I haven't read the laws, so I don't know if it requires a permit.
ChattanoogaPhil
Member
- Joined
- Oct 18, 2009
- Messages
- 14,601
- Reaction score
- 20,622
Geeeesh.... every time a pro-gun law comes up you can always count on some gun owners to start handwringing and sounding like Sarah Brady.
Legal open carry for permit holders is not a problem. In Tennessee we have a Handgun Carry Permit. It allows the permit holder to carry a handgun, period, open or concealed. There are over 400,000 of us. We're doing just fine here. Most everyone chooses to carry concealed anyway, so relax and support Texas legalizing open carry.
Legal open carry for permit holders is not a problem. In Tennessee we have a Handgun Carry Permit. It allows the permit holder to carry a handgun, period, open or concealed. There are over 400,000 of us. We're doing just fine here. Most everyone chooses to carry concealed anyway, so relax and support Texas legalizing open carry.
Last edited:
cass
Member
I think it will pass without problem - I hope so. I've had my CC permit since 1996, and will continue to carry concealed, and it will be nice to not have to worry about the possibility of exposing it. However, there is a group of open carry supporters that have been demonstrating in areas of the Dallas/Ft Worth area that has been getting some negative media attention because people are seeing men and women walking around intersections carrying their AK and AR weapons slung over their shoulders. I know the message they're trying to relay, and I agree, but they're not reflective of the vast majority of CC holders. My impression is that they are only trying to draw attention to themselves, not the real issue/goal. They're also the ones that I'd feel somewhat uncomfortable being around in a open carry environment.
Sir, you are in the right place. Please maintain your residence there....please give Nancy and Barbara regards....you will recognize real bullying when you see them.
Last edited:
Intelligence may include correct information. You are both mis informed regarding the law in Texas, and you are making a judgement of many responsible and intelligent persons you do not know.
keith44spl
Member
It's been my long time observation that the criminal element among us does not use holsters on a regular basis.
No self respecting criminal wants to be caught with an empty holster right after ditchin his gat...
Whilest fleeing their most resent criminal activity......
As a matter of fact, just yesterday, I personally observed a young man come into a kinda fast-food joint with his young bride in tow....
I made it a point to complement him on his choice of sidearm (1911) and holster. By the way, either it was not even noticed or no one cared....
Kentucky has always had open carry, and I see lots of folks carrying a sidearm with no disturbance to the public at large.
If and when Texas revises it's firearm laws to reflect her citizens life and times,
I believe we'll see more law biding - honest folks carrying their sidearm out side their pants.
JMHO,
.
Last edited:
Texas rules explained
I will ignore the ad hominem side of this discussion. Y'all need to chill, that's all I'll say.
=======================
Rule 1 - the accidental revelation of a handgun that was concealed legally by a CHL holder is no longer grounds for arrest. Texas changed that a couple of years ago.
=======================
Rule 2 - Texas has long had open carry under certain exceptions to its general rule that no handgun can be carried.
First, start off understanding that there is no general open carry in Texas and has not been for a very long time. The statute, in pertinent part, reads as follows:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, ... if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
......
That's where start.
Then you get to this, also in pertinent part:
Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
(B) authorized to carry a weapon under Section 76.0051, Government Code;
(b) Section 46.02 does not apply to a person who:
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
The bright red text defines the current law that allows open carry. Those are basically defenses to prosecution, however, they are not full permission to open carry. I have often open carried while hunting, for instance, even though I was also carrying a rifle.
"Traveling" is not defined in the statute. A lot of old timers, probably some younguns, too, think it means crossing through a couple of counties. It does not. It has been defined in case law by the courts as staying out overnight. Why? Because it's OLD LAW and back in the day you always stayed out at night if you traveled anywhere because after a certain distance you and your horse were NOT making it back home before dark. Again, it is a defense to prosecution only, not full permission to open carry.
Someone wondered about the "old days". Well, besides the inability to go anywhere and not stay out overnight, wearing a gun openly was the norm, even though lots of towns had ordinances prohibiting the practice. Think about all those movies and TV shows where the marshal or sheriff has guys leaving their guns in their hotels or in the lawman's office - this was also a common practice but probably often disregarded. That didn't make it legal.
So, that's just a quick summary of the current state of the law in Texas in re open carry. We don't need open carry in Texas to save the poor CHL holder whose firearm is accidentally exposed.
Whether we need it at all is a whole nuthuh smoke, my friends, and I'll discuss that at some other time.
***GRJ***
CHL Holder/Instructor
Level III Combined Instructor
Lawyer
The credentials are added solely to evidence that I have a modicum of experience in such matters. No brag; just fact.
I will ignore the ad hominem side of this discussion. Y'all need to chill, that's all I'll say.
=======================
Rule 1 - the accidental revelation of a handgun that was concealed legally by a CHL holder is no longer grounds for arrest. Texas changed that a couple of years ago.
=======================
Rule 2 - Texas has long had open carry under certain exceptions to its general rule that no handgun can be carried.
First, start off understanding that there is no general open carry in Texas and has not been for a very long time. The statute, in pertinent part, reads as follows:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, ... if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
......
That's where start.
Then you get to this, also in pertinent part:
Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
(B) authorized to carry a weapon under Section 76.0051, Government Code;
(b) Section 46.02 does not apply to a person who:
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;
The bright red text defines the current law that allows open carry. Those are basically defenses to prosecution, however, they are not full permission to open carry. I have often open carried while hunting, for instance, even though I was also carrying a rifle.
"Traveling" is not defined in the statute. A lot of old timers, probably some younguns, too, think it means crossing through a couple of counties. It does not. It has been defined in case law by the courts as staying out overnight. Why? Because it's OLD LAW and back in the day you always stayed out at night if you traveled anywhere because after a certain distance you and your horse were NOT making it back home before dark. Again, it is a defense to prosecution only, not full permission to open carry.
Someone wondered about the "old days". Well, besides the inability to go anywhere and not stay out overnight, wearing a gun openly was the norm, even though lots of towns had ordinances prohibiting the practice. Think about all those movies and TV shows where the marshal or sheriff has guys leaving their guns in their hotels or in the lawman's office - this was also a common practice but probably often disregarded. That didn't make it legal.
So, that's just a quick summary of the current state of the law in Texas in re open carry. We don't need open carry in Texas to save the poor CHL holder whose firearm is accidentally exposed.
Whether we need it at all is a whole nuthuh smoke, my friends, and I'll discuss that at some other time.
***GRJ***
CHL Holder/Instructor
Level III Combined Instructor
Lawyer
The credentials are added solely to evidence that I have a modicum of experience in such matters. No brag; just fact.
Biginge
SWCA Member, Absent Comrade
I have but little to ad here. "Oh my"!
Harrison
US Veteran
Unfortunately, many non-Texans, and others that have spent little or no time in Texas, fail to understand the unique Texas psyche and worldview.
george minze
Member
I mentioned some time last week about watching a special about spring round-up on the o6 ranch in the Alpine vicinity it was a two week deal...Cowboys from all over showed up for the job. The special was about the late Waylon Jennings working the round-up...No fancy stuff just plan old collecting, branding, separating and shipping over thousands of acres.....never saw one gun wore by anyone...were there a gun or two in the chuck wagon I'm sure just in case of, dangerous critters. and maybe dispatching a lame animal on occasion....Just saying that is what the special showed....Neat special I think a bunch here would like it...Look up Waylon Jennings,,,My Hero's Have always been cowboys,,,runs 48 minutes....
Similar threads
- Locked
