Open Carry Passes the Texas Senate

By Dean WeingartenOpen Carry Texas

Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- The Texas Senate passed an open carry bill on Tuesday, 17 March, 2015.  The bill removes restrictions on the open carry of weapons that dates back to reconstruction, when radical Republicans changed the Texas Constitution to disarm former confederates, and which Democrats kept in place to disarm freed slaves and Hispanics.   The bill passed on partisan lines, with 20 Republicans voting for it and 11 Democrats voting against it.  A minimum of 19 votes was required for the bill to make it out of the Senate.  From woai.com:

The vote was 20-11, right along party lines, for a measure proposed by State Sen. Craig Estes (R-Wichita Falls).

The bill mirrors the current concealed handgun license law, except for two changes.

“We just take the word ‘concealed’ out in every section,” he said. “Also what we are doing is adding a sign that business people can put up, if they are comfortable with concealed carry, but are a little uncomfortable with open carry.”

The measure is far from the victory that Open Carry advocates had expected when the session opened. The bill does not allow the open carrying of long guns, just handguns, requires that anyone carrying weapons openly have a Concealed Handgun Permit, and allows business owners wide latitude in keeping people with openly carried handguns off the premises.

The companion House Bill, HB 910, was considered in a public hearing on the same day, 17 March.  It is pending in committee.  Four of the nine committee members are authors or coauthors, including the committee chairman.   It has 80 authors and coauthors.  The big question is whether it will be allowed a vote on the floor by Speaker of the House Joe Strauss.  From opencarry.org:

No bill gets passed without Joe Straus letting it through the House. I still haven’t seen any evidence that that hurdle is surmountable. I certainly want Texas to get Open Carry, but let’s make sure our optimism is grounded in reality.

Joe Straus has been blamed for the failure to pass open carry legislation two years ago.  It looks different this year, with thousands of open carry marches throughout the state, and activists causing a fair number of Representatives to be primaried.   A correspondent activist in Texas told me that Speaker Strauss lost a significant number of allies in the last primaries.

A favored tactic in legislative manuvers is to allow bills to die for lack of time.  They just are not voted on.  It is much harder to do when bills such as the open carry and campus carry bills have such widespread support.   The House has 150 members, 80 are already authors or coauthors, so it already has a majority of members, on record, supporting it.  There are 98 Republicans in the House, and 52 Democrats.   It may be significant the Speaker of the House, Joe Straus is not one of the authors or coauthors of the bill.

Opponents of open carry claim that the demonstrations have been counterproductive.  It does not look that way to me.  Open carry has advanced considerably further than it did before the demonstrations started.  It is clear that opponents of open carry are willing to obfuscate, exaggerate, and lie to mis-characterize those who open carry.  A certain amount of this occurs on both sides, but because most of the old media also opposes open carry, the demonization of open carriers has been claimed to be “caused” by the open carry activism.  It is the old story of blaming the victim.  Reports from the field show overwhelming support for the open carry demonstrations as they actually occur, not as they are mis-characterized by the disarmists.  I believe the open carry bill being considered in Texas will pass. It is a very mild reform, and Joe Straus is a practical politician.

Definition of  disarmist 
c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Jana

I can’t find a straight answer if those with concealed carry license in place would still be able to conceal or would it be open carry only?
(1) concealed offers better self protection
In a crisis situation- the obviously armed would be disarmed or shot first. I hope this passes as long as we are allowed to choose to open or conceal! It is a step backward if open carry means concealed is done away with

Texas001

One man stopping a bill that has been approved by the Senate and now might not come to a vote in the house. Who the heck does Joe Straus think he is Harry Reid? We need to remind ourselves next election to dump these jerks.

don

ill keep my so it cant be seen. don’t wont people tp know I carry. that way if it happens I havw a better chance of self protection

Floyd

I am a retired Chief of Police, a retired Special Agent and retired from the US Army. Oh and I did not fall off a turnip truck. Long ago when the first law was made making it illegal to carry a gun it was in violation of the 2nd Amendment of the Constitution of the United States of American All that voted for that should have been arrested for violating their Oath of Office to support and defend the Constitution of the United States and thrown out of office. Worst of all voting for that and not arresting them gave… Read more »

oldshooter

I agree that the Open Carry TX (OCT) movement has been generally successful so far. I also agree that Joe Strauss is a major reason why such a bill has not been passed before, although I’m not sure I agree that he will allow a vote on it this time either, if he sees a way to avoid it. Politician that he is, this seems to be personal for him. He is a weasel, and I’m sorry we couldn’t get rid of him in the last primary (I, God help me, am one of his constituents – and I certainly… Read more »

DAvid Kloss

I do have a concealed handgun license, and am not sure that I will open carry if and when it becomes legal, but to all those who suggest why do we need a license? well for starters training! the thought of people just strapping on a gun without some kind of formal training and background checks would be terrifying to responsible law abiding citizens. I obviously believe in my right to carry and do, but responsibly with an awareness of my legal rights and restictions

Walt

Concealed Handgun Permit = Gun registration. Gun Registration = Gun Confiscation Yep gun ownership has responsibilities such as training. You think the Government folks care about our “safety” ? If you do you are a fool. Safety can be had but not by gun registration. The first homes the government thugs will visit will be yours and other “registered” gun owners. Heck that has already happened. Yes training and responsibility are important. Government “management” for “safety” is an illusion. Find another way for training, there are many. “Terrifying” is not having some untrained man armed (that is bad) but having… Read more »

mikrat

“legal rights and restictions”
You have no idea what you are talking about. Rights does not belong in that senatance as RIGHTS are not Legal and can NOT be restricted.

For crap sake wake up.

Walt

Concealed Handgun Permit = Gun registration. Why is that good?

Chard

I think having to have a CHL/CCL to open Cary is insane! That’s why it’s called ” concealed Hand Gun License /concealed carry license! So you can HIDE/CONCEAL IT! The “Open Carry” should be either get a OCL “Open Carry License”, or have NO CREDENTIALS TO CAYY OPENLY! The police and other enforcement units/originations DONT GET TRIGGER HAPPY EITHER! I’d say if you want to open carry…you must have a Level 2 or 3 Holster as well as not engaging in illegally activities. To have a CCL/CHL to open Cary makes no since though. The other 30 states that have… Read more »

Dave

Don’t want a permit but you want to tell folks who’ve been carrying all their lives what kind of holster they must buy?
Some folks just thrive on telling people what to do. The law says “holster”—and expresses the will of the people.

Stuzz

“The bill does not allow the open carrying of long guns, just handguns, requires that anyone carrying weapons openly have a Concealed Handgun Permit”
Are you kidding?!?! This bill is watered down comminust BS. These idiots are always ready to compromise our 2nd amendment. F them and F this BS watered down commie bill.

Trey Odom

Don’t get your knickers all twisted up, Open Carry of long arms is already legal in Texas (other than the obvious restrictions on carrying inside government buildings, schools, etc.).

FYI to the articles author:
The reason that other 2nd Amendment advocates are now especially critical of “Open Carry groups” now is because a particular group of immature imbeciles went into the Texas Capitol and attempted to intimidate and threaten lawmakers. That particular incident practically rendered null all of the good PR work accomplished by all of the other Open Carry events throughout the State.