Open Carry Texas Comments on Passage of Open Carry by TX Legislature

STATEMENT ON PASSAGE OF HB910 IN THE LEGISLATURE

Open Carry Texas
Open Carry Texas
Open Carry Texas
Open Carry Texas

Temple, TX –-(Ammoland.com)-  I am extremely proud of what our members have been able to accomplish in just one legislative session.

With the House and Senate both working together to pass open carry, Texas becomes the 45th state without such restrictions.

I made a promise that Texas would be an open carry state by January 1 2016, but that promise would be nothing but an utterance without the hard work of our more than 50,000 members over the past two years.

Friends and supporters, we have walked hundreds of miles together in every major city and most counties in Texas over more than 2,500 events and rallies. We've handed out tens of thousands of leaflets and pamphlets. We've attended close to 100 gun shows. We've called, written, or spoken directly with every member of the 84th legislature.

Together, we have succeeded in making open carry a weekly story in the news here in Texas, across the country, and around the world. We've been covered in France, Canada, Japan, Australia, Spain, Mexico, the UK, Russia, and Germany. We've endured two years of attacks from gun control advocates and even pro-gun types for our tactics.

We were told our efforts would prevent this day from happening. We were told we were “hurting the cause.” And we proved them all wrong.

Our goal over the next two years is simple: prove the naysayers wrong and show that an armed society is a polite society; to prove that cops won't have trouble telling the difference between a good guy and a bad guy; and to prove that open carry won't result in people losing their minds in fear. And after we accomplish that, we come back during the 85th legislature and we get the rest! We are not done yet!

I also want to recognize the hard work of Pastor Terry Holcomb Sr. and Texas Carry! Congratulations to YOU on this victory!

About Open Carry Texas: Our purpose is to 1) educate all Texans about their right to openly carry rifles and shotguns in a safe manner; 2) to condition Texans to feel safe around law- abiding citizens that choose to carry them; 3) encourage our elected officials to pass less restrictive open carry legislation for all firearms, especially pistols; and (4) foster a cooperative relationship with local law enforcement in the furtherance of these goals with an eye towards preventing negative encounters. www.opencarrytexas.org

  • 12 thoughts on “Open Carry Texas Comments on Passage of Open Carry by TX Legislature

    1. As a Texan with a CHL, I am happy to see this passed, even with the proviso that police can stop anyone they see carrying openly. The issue of police being allowed to stop anyone they see carrying and ask them to show their license is going to go away quietly over the next couple of years. First, because it is far too much trouble for the police to do regularly, hence they will inevitably begin doing so only when they think the openly armed person is behaving oddly or dangerously, or when they are responding to a 911 call to check out a “man with a gun.” Second, because that element of the law will not withstand SCOTUS scrutiny, and if it goes to court, that part of the law will be found to be unconstitutional. Furthermore, all the lawyers and DAs know that. In Ohio, the SCOTUS has already established this precedent, as have appellate courts elsewhere. Particularly since we are dealing with a constitutionally protected RIGHT, rather than a privilege, the issue of stopping people on the street when there is no reason to suspect they are violating any law , will not stand even the loosest levels of scrutiny. Merely seeing someone wearing a gun does not give an LEO any probable cause to suspect the person is not licensed, if nothing else, that violates the principle of presumed innocence. The biggest issue will arise with “Swatters” (probably instigated by morons like the MDA or just anti-gun zealots) who will be calling 911 to “report” people carrying guns in public. My LEO friends tell me that they are expected to respond to such calls by checking them out. However, as it becomes obvious that the calls never produce arrests, the 911 operators will begin asking if the caller has any reason to suspect the person is unlicensed, or whether (s)he is behaving dangerously or in a threatening manner. When the caller says “no,” the dispatchers will be giving those calls very low priority. Within a year or two, this issue will die down naturally. If someone in a minority group is stopped, and chooses to file a lawsuit for violation of his/her civil rights however, the law will almost certainly end up being found unconstitutional, and the “right to stop” element will have to be removed.
      A bigger question in my mind (perhaps simply because I have not read the law/bill yet) is about signage. When someone like the MDA crowd bullies a company like, say, Panera Bread, to ban open carry in their restaurants, (as has already occurred), what kind of signage will they have to use to do so? At present, they have posted no signage, which means that CHL holders can carry concealed in accordance with the law; however, like Starbucks, Panera has said that, while they will obey state gun laws, they would prefer that their patrons not carry openly in their establishments (they said it messes up their “Homey atmosphere”). So what will they do now? Post a “30.06 sign” banning concealed carry, as well as open carry? Or does the new law include specific signage to ban open carry without banning concealed carry? I have no idea yet.

    2. Does TX have a minimum legal age for carrying a weapon, open or concealed ?? Does TX allow Campus Carry, open or concealed ? With or without permit ? I firmly believe that Campus Carry should start at age 18, usually the 1st year of college. We allow our young adults to drive at 16(some states earlier), to enlist at 18, AND VOTE at 18. Just doesn’t make sense to me to prohibit concealed firearms ownership until 21, as ARKANSAS does. Their early years away from home are their most vulnerable times.

    3. We are about to make history at last. Its been a long time coming and I want to thank all that fought the good fight (not including kory, nra and the like). It’s not all we wanted but still a victory all the same. I can’t wait.

    4. “Let’s not mince words, not only is it rare [openly carrying firearms], it’s down right weird and certainly not a practical way to go normally about your business while being prepared to defend yourself.” National Rifle Association position of May 30, 2014 on openly carrying firearms in public for the purpose of self-defense.

      Nearly one year to the day later, both houses of the Texas legislature have passed a bill which would make it legal to openly carry a modern, loaded handgun in public, albeit with a Texas handgun carry license. The NRA is now claiming victory for something they have opposed for years, in fact, decades – Openly carrying loaded firearms in public for the purpose of self-defense (Open Carry).

      The NRA almost killed the Texas Open Carry Bill (HB 910) with its opposition to the language in the bill which would make it clear to police that a person who is merely openly carrying a handgun does not constitute probable cause, or reasonable suspicion, that a crime has been committed and therefore they may not stop that person unless they have probable cause to believe that the person is committing a crime.

      That language was removed from the final version of the bill. Now, thanks to the NRA, there are going to be a lot of police officers who think that they get to stop anyone they see openly carrying a handgun and demand to see their license. People, particularly minorities, will now be harassed by police and there will be arrests even of licensed persons for failing to comply or other frivolous charges.

      Anyone who thinks the NRA is going to pay for their attorneys has been living under a rock. And let us not forget that the 1967 California ban on openly carrying loaded firearms the NRA helped write contains a provision authorizing police to stop, search and seize a person and his firearm to inspect it to see if it is unloaded. The police thanked the author of the California bill for including that language because it allows them to search Black people without fear of being accused of harassment.

      On June 16, 2015 NRA lawyer Paul Clement will appear before an en banc panel of the 9th Circuit Court of Appeals where he will argue to uphold California’s 1967 ban on openly carrying loaded firearms. A ban the NRA helped write and a ban that the NRA has been defending these past five years in Federal court. Not to mention the NRA’s defense of the California Gun-Free School Zone Act of 1995 which the NRA said in its Opening Brief in Peruta v. San Diego that the overturning of which would be “drastic.”

      http://CaliforniaRightToCarry.org

      1. NRA contract lobbyist for IL Todd Vandermyde placed Duty to Inform w/ criminal penalties of 6 MONTHS or 1 YEAR in Rep. Brandon Phelps “good” “NRA backed” HB183 carry bill because the Chiefs of Police wanted it, AFTER the U.S. Federal court in Chicago forced the IL legislature to pass concealed carry in Dec 2012.

        95% of NRA members in IL are retarded hicks who can’t spell their own name. When NRA needed a plaintiff for the Supreme Court, they got Chicago black man Otis McDonald. When it came time to pass a carry bill, double-dealing rat Vandermyde gave police unions the ability to harass, set up, arrest and murder armed citizens with legal cover. Meanwhile Chris Cox & Chuck Cunningham sleep at NRA/ILA HQ. Dead citizens are good for business, NRA made $1.3 MILLION off Otis McDonald.

        1. The 7th Circuit did not force Illinois to pass a concealed carry law. The 7th Circuit stayed its decision to give Illinois time to enact a new law if it wanted to do so. If Illinois had not enacted the NRA/SAF backed Open Carry ban then it would have been legal to both openly carry and to carry concealed without a permit. If fact, for a few hours on the day the new Illinois ban was enacted it was legal to do just that as the stay had expired that day.

    5. The only ones to lose their minds, out of fear or other things, will be the liberals…and, of course…”Moms Demand Action”, although it’s is hard to lose something…that may not have existed in the first place. That debate…is still open, at least to a few people, I think…

    6. Concealed carry is of no use to me, I don’t carry a purse. Besides, Open Carry is the right guaranteed by the Constitution, concealed carry can be banned.

      http://CaliforniaRightToCarry.org

      “[A] right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”” District of Columbia v. Heller, 128 S. Ct. 2783 (2008) at 2809

      “[T]he right of the people to keep and bear arms (art. 2) is not infringed by laws prohibiting the carrying of concealed weapons…” Robertson v. Baldwin, 165 US 275 – Supreme Court (1897) at 282.

      “In Nunn v. State, 1 Ga. 243, 251 (1846), the Georgia Supreme Court construed the Second Amendment as protecting the “natural right of self-defence” and therefore struck down a ban on carrying pistols openly. Its opinion perfectly captured the way in which the operative clause of the Second Amendment furthers the purpose announced in the prefatory clause, in continuity with the English right…Likewise, in State v. Chandler, 5 La. Ann. 489, 490 (1850), the Louisiana Supreme Court held that citizens had a right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”” District of Columbia v. Heller, 128 S. Ct. 2783 (2008) at 2809

      “Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. See, e.g., Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152-153; Abbott 333. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. See, e.g., State v. Chandler, 5 La. Ann., at 489-490; Nunn v. State, 1 Ga., at 251…” District of Columbia v. Heller, 128 S. Ct. 2783 (2008) at 2816

    7. It’s about time Texas got open carry. The few liberals in the Texas Senate and House tried their best to stop it from becoming law,but Republicans run Texas,not them liberal douches. It will be great to have the option to carry concealed or open. Gov. Abbott has already tweeted that his pen is ready when it hits his desk. ‘Texas like a whole other country’ ! …and maybe it will again too !

    8. been with yall since dad splained it to me at 4 yrs old! good job and many thanx 4 letting me breathe easier without being tazed!

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