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'Open carry' bill heads to Gov. Abbott
#5765626
05/30/15 01:53 AM
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Joined: Feb 2015
Posts: 5,585
hetman
OP
"Trash Master"
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OP
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Joined: Feb 2015
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A signature from Gov. Greg Abbott is all that remains before a bill allowing Texans to carry their handguns openly becomes law.
After a week of hand-wringing over a controversial amendment — and what proved to be empty threats of a Democratic filibuster — the legislation sailed through both chambers of the Legislature on Friday afternoon. The vote in the House was 102 to 43; in the Senate, 20 to 11.
House Bill 910 from state Rep. Larry Phillips, R-Sherman, would allow license-holders to carry handguns openly in a hip or shoulder holster, changing current law requiring that such weapons be concealed.
The bill's passage was temporarily delayed last Friday when the Senate unexpectedly revived a provision that would limit the power of police officers to ask those carrying handguns visibly for a permit.
The so-called "cop stop" amendment had support from some Democrats who said it would help prevent racial profiling, as well as conservatives who said it was necessary to protect the public against unreasonable searches and seizures. But it stirred vocal criticism from the state's law enforcement officials, many of whom already opposed the legislation.
State Sen. Rodney Ellis, a Houston Democrat who supported the "cop stop" amendment but opposed the legislation as a whole, told the chamber shortly before Friday's vote that he wished law enforcement had used its "collective strength" to oppose the entire bill, rather than aligning at the last minute to fight an amendment.
Lt. Gov. Dan Patrick released the following statement Friday, commending the senate's decision:
"Protecting our Second Amendment Right has always been a priority of the Senate. This week, I'm proud to announce the Senate passed the 'open carry' bill and it is now headed to Governor Abbott's desk for his signature.
"This bill will allow for anyone with a license to carry a handgun openly, in Texas.
"I want to thank the senators for their bi-partisan work on making sure our Second Amendment Rights are never infringed upon. Congratulations to the senators for making Texans' priorities their own."
Since shortly after he was elected in November, Abbott, a Republican, has said he would sign any open carry bill that reached his desk.
Just minutes after the final vote in the Senate, he tweeted: "Open Carry just passed in both the Texas House & Senate. Next destination: My Pen."
"Lesser mortals are pitied for the misfortune in not being born Texan."
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765790
05/30/15 03:37 AM
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Joined: Dec 2008
Posts: 41,173
J.G.
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800 Yard Steel Range Precision Rifle Instruction Memberships and Classes Available
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765794
05/30/15 03:41 AM
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Joined: Jan 2012
Posts: 29,134
TXHOGSLAYER
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Great, but why would you carry openly? I mean, I can see if you were on your ranch and had to run into town. Other than that?
LETS GO BRANDON
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765807
05/30/15 03:53 AM
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Joined: Feb 2015
Posts: 5,585
hetman
OP
"Trash Master"
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OP
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Joined: Feb 2015
Posts: 5,585 |
means a tight or very light shirt pulled over the CCW - it will not matter if it imprints or accidently shows anymore. It will be interesting how it plays out in public. Maybe in a year or 2 it will be no big deal, & Texas Peeps will be a tad more polite in there dealings with people.
"Lesser mortals are pitied for the misfortune in not being born Texan."
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765815
05/30/15 04:02 AM
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Joined: Jun 2010
Posts: 16,350
aeb
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Thank goodness it finally passed. Kory and I were beginning to have back problems from carrying our AK-47's around all the time.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765849
05/30/15 04:32 AM
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Joined: Apr 2013
Posts: 2,424
tenyearsgone
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The thing is, that amendment wasn't needed in the first place. What they wanted to put in there is already the law. All it was going to do repeat it.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765850
05/30/15 04:33 AM
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Joined: Jan 2012
Posts: 29,134
TXHOGSLAYER
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means a tight or very light shirt pulled over the CCW - it will not matter if it imprints or accidently shows anymore. It will be interesting how it plays out in public. Maybe in a year or 2 it will be no big deal, & Texas Peeps will be a tad more polite in there dealings with people. I thought there was already a law about printing.
LETS GO BRANDON
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: aeb]
#5765857
05/30/15 04:43 AM
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Joined: Dec 2011
Posts: 14,281
Ramsey
Pepe' Le Pew
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Thank goodness it finally passed. Kory and I were beginning to have back problems from carrying our AK-47's around all the time. SATIRE I HOPE!
Big Beckett!!
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765881
05/30/15 05:31 AM
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Joined: Jun 2008
Posts: 7,937
bigjoe8565
THF Trophy Hunter
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When can people open carry?
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765899
05/30/15 06:31 AM
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Joined: Jan 2008
Posts: 301
Scoutdog
Bird Dog
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The thing is, that amendment wasn't needed in the first place. What they wanted to put in there is already the law. All it was going to do repeat it. Agreed. It would have been interesting to see how this police drama would have played out if the amendment was worded something like this: Sec. 411.2049. CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED. A peace officer may not make an investigatory stop or other temporary detention, as covered by the Fourth Amendment to the US Constitution, to inquire as to a person's possession of a handgun license solely because the person is carrying in a shoulder or belt holster a partially or wholly visible handgun Perhaps some of the “state’s law enforcement officials” who opposed the amendment need to bone up on the Constitution before making up their own rules.
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: TXHOGSLAYER]
#5765902
05/30/15 07:12 AM
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Joined: Apr 2013
Posts: 2,424
tenyearsgone
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means a tight or very light shirt pulled over the CCW - it will not matter if it imprints or accidently shows anymore. It will be interesting how it plays out in public. Maybe in a year or 2 it will be no big deal, & Texas Peeps will be a tad more polite in there dealings with people. I thought there was already a law about printing. There has been since forever. They actually clarified it last session for the reading impaired. Apparently there's some who just aren't able to be reached.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: TXHOGSLAYER]
#5765933
05/30/15 11:17 AM
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Joined: Oct 2004
Posts: 22,444
Superduty
"The Regulator"
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"The Regulator"
Joined: Oct 2004
Posts: 22,444 |
Great, but why would you carry openly? I mean, I can see if you were on your ranch and had to run into town. Other than that? A lot easier when riding a motorcycle.
'It's Only Treason if You Lose."
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5765963
05/30/15 11:55 AM
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Joined: Jun 2009
Posts: 17,226
6InARowMakeItGo
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🍻
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: Ramsey]
#5766173
05/30/15 03:03 PM
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Joined: Jun 2010
Posts: 16,350
aeb
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Thank goodness it finally passed. Kory and I were beginning to have back problems from carrying our AK-47's around all the time. SATIRE I HOPE! Kory is a lot younger than I am. That darned AK was wearing this old man down. Plus it never hung right on my walker.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: Superduty]
#5766177
05/30/15 03:04 PM
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Joined: Jun 2010
Posts: 16,350
aeb
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Great, but why would you carry openly? I mean, I can see if you were on your ranch and had to run into town. Other than that? A lot easier when riding a motorcycle. Lot easier when I use my walker also.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5766220
05/30/15 03:33 PM
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Joined: Dec 2008
Posts: 22,630
Cast
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I'm gonna need a good shoulder holster.
Cast I have a short attention spa
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: Superduty]
#5766487
05/30/15 07:49 PM
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Joined: Jan 2012
Posts: 29,134
TXHOGSLAYER
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Great, but why would you carry openly? I mean, I can see if you were on your ranch and had to run into town. Other than that? A lot easier when riding a motorcycle. OK, that makes sense.
LETS GO BRANDON
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5766585
05/30/15 09:36 PM
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Joined: Jan 2015
Posts: 3,024
pertnear
"Demolition Man"
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"Demolition Man"
Joined: Jan 2015
Posts: 3,024 |
If I remember correctly, & this was some years back, when I took my CHL class they taught that "concealed" really meant concealed. Depending on the location & circumstance, as soon as you exposed your gun, even accidentally, you have broken the law. Even in a self-defense, life or dead situation, as soon as you became un-concealed you have broken the law & would be charged for it. Of course, in the justified self-defense situation that charge would be dropped. I always felt uncomfortable carrying because I feel like my gun could easily become unconcealed. Open carry eases that fear. Now open carry does not mean the same thing as brandishing, definitely different, definitely a crime & big mistake.
The North has double last names. The South has double first names.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: pertnear]
#5767966
06/01/15 12:53 AM
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Joined: Oct 2004
Posts: 22,444
Superduty
"The Regulator"
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"The Regulator"
Joined: Oct 2004
Posts: 22,444 |
If I remember correctly, & this was some years back, when I took my CHL class they taught that "concealed" really meant concealed. Depending on the location & circumstance, as soon as you exposed your gun, even accidentally, you have broken the law. Even in a self-defense, life or dead situation, as soon as you became un-concealed you have broken the law & would be charged for it. Of course, in the justified self-defense situation that charge would be dropped. I always felt uncomfortable carrying because I feel like my gun could easily become unconcealed. Open carry eases that fear. Now open carry does not mean the same thing as brandishing, definitely different, definitely a crime & big mistake. Before open carry goes in to effect, Jan 2016 if Abbot signs the bill, the concealed law has been changed. It is the unintentional display of the firearm. So in other words if you bend over and pick something up and you gun shows,currently you are ok. This was passed last year I believe.
'It's Only Treason if You Lose."
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5768442
06/01/15 02:14 PM
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Joined: May 2011
Posts: 28,031
skinnerback
THF Celebrity Chef
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The Campus Carry Bill passed yesterday as well and off to the Gov's desk.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: Superduty]
#5768455
06/01/15 02:20 PM
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Joined: Apr 2013
Posts: 2,424
tenyearsgone
Veteran Tracker
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If I remember correctly, & this was some years back, when I took my CHL class they taught that "concealed" really meant concealed. Depending on the location & circumstance, as soon as you exposed your gun, even accidentally, you have broken the law. Even in a self-defense, life or dead situation, as soon as you became un-concealed you have broken the law & would be charged for it. Of course, in the justified self-defense situation that charge would be dropped. I always felt uncomfortable carrying because I feel like my gun could easily become unconcealed. Open carry eases that fear. Now open carry does not mean the same thing as brandishing, definitely different, definitely a crime & big mistake. Before open carry goes in to effect, Jan 2016 if Abbot signs the bill, the concealed law has been changed. It is the unintentional display of the firearm. So in other words if you bend over and pick something up and you gun shows,currently you are ok. This was passed last year I believe. It's never been against the law to unintentionally display. Could you two have not had time to read the posts right above yours? The only thing that happened last time was a reiteration of the law for those bumpkins not well versed in the English language.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: tenyearsgone]
#5768549
06/01/15 03:30 PM
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Joined: Feb 2008
Posts: 12,221
Grizz
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If I remember correctly, & this was some years back, when I took my CHL class they taught that "concealed" really meant concealed. Depending on the location & circumstance, as soon as you exposed your gun, even accidentally, you have broken the law. Even in a self-defense, life or dead situation, as soon as you became un-concealed you have broken the law & would be charged for it. Of course, in the justified self-defense situation that charge would be dropped. I always felt uncomfortable carrying because I feel like my gun could easily become unconcealed. Open carry eases that fear. Now open carry does not mean the same thing as brandishing, definitely different, definitely a crime & big mistake. Before open carry goes in to effect, Jan 2016 if Abbot signs the bill, the concealed law has been changed. It is the unintentional display of the firearm. So in other words if you bend over and pick something up and you gun shows,currently you are ok. This was passed last year I believe. It's never been against the law to unintentionally display. Could you two have not had time to read the posts right above yours? The only thing that happened last time was a reiteration of the law for those bumpkins not well versed in the English language. Prior to 09-01-13, unintentional display could be prosecuted, depending on the circumstances. The legislature changed the language of the statute from "fail to conceal" to "intentionally display" in 2013 to prevent people being charged for unintentional display/printing.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5768696
06/01/15 04:38 PM
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Joined: Apr 2013
Posts: 2,424
tenyearsgone
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It's never been against the law. No changes were made. Anyone being charged shouldn't have been. Like I said multiple times, there were no changes, just splitting hairs for the more dense among us.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: tenyearsgone]
#5768758
06/01/15 05:22 PM
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Joined: Feb 2008
Posts: 12,221
Grizz
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It's never been against the law. No changes were made. Anyone being charged shouldn't have been. Like I said multiple times, there were no changes, just splitting hairs for the more dense among us. There were absolutely changes made, as I stated in my post. I teach the legislative update class required for LE every two years, and it was one of the changes highlighted in the 2013 class. I can assure you I'm far from dense.
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Re: 'Open carry' bill heads to Gov. Abbott
[Re: hetman]
#5768779
06/01/15 05:32 PM
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Joined: Feb 2008
Posts: 12,221
Grizz
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In case you still have doubts, here is the exact wording from the present penal code along with the exact text from the Powerpoint slide provided to instructors by the state. Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.
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