Open Carry HB 910 May Not Pass

Per Texas Rifle Association E-mail dated at 2PM today:

The House Voted NOT to Concur on HB 910 with the Senate Amendment.
HB 910 by Rep. Larry Phillips and Sen. Craig Estes is on the verge of being lost due to the addition of a Senate amendment.
If you care about Open Carry passing this session you must call your state senator and your state representative.

The message must include:
Support HB 910 and the Conference Committee Report!

How Much Time is Left?

The Clock Runs OUT on Sunday!
The bill will die on Sunday if the legislative process is not completed. HB 910 will never make it to the Governor's desk. This is our last chance for licensed open carry this session.


If you have an opinion on this issue, you may want to contact your house/senate representative.

I see very little value in an open carry law other than not getting in trouble if your gun is momentarily visible. Other than that, I don't really want to see your gun out in the open around kids/felons/etc.

How many people do you know that have got in trouble for accidentally showing their cards?

Ain't nobody got time for that

I grew up in West Virginia, and currently live in Arizona, both open carry states. When I lived in Texas, I couldn't believe they didn't allow open carry.

Geez, just pass it.

Most people will still conceal anyway. Be nice to have the state government recognize the second amendment of the United States constitution, and give us "permission" to exercise it as we see fit.

Looks like it came out of committee at 7:30 pm tonight so they must have worked it out.

A bill that has 80 co-authors.... you would think the support is there and it would get done?

They pulled the Dutton/Huffines amendment. Ready for vote. Hope they do it tomorrow.

You're missing the point.

The amendment and the hand wringing over it made me question the competency of the reps and senators. Cops still have to meet the criteria under Terry vs. Ohio to check you regardless if it's there or not.

What is the point?

While it's still the man dictating our rights, it's a step in the right direction.

Your opinion...however others may have a different take on what they believe in and how OC and 2A effects them. I myself will probably not OC but I would prefer to have a choice in case I ever wanted to.

Your opinion...however others may have a different take on what they believe in and how OC and 2A effects them. I myself will probably not OC but I would prefer to have a choice in case I ever wanted to.[/quote]

This. I doubt I'll ever OC too but we should be able to. Should've never been a law in the first place IMHO. Might go to a vote about 7:30 tonight but they may wait until tomorrow to decrease the chance of a filibuster on the floor. Depending on how much stalling is done, it might pass this time around.

Here is what the Texas Government Codes says about it:


Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

I'm all for the right for one to carry, I encourage it. I, however, am not a fan of open carry. It will bring out that small section of the population that will use it to draw attention to themselves and use it as a tool to cause conflict between themselves and Law Enforcement.

Absolutely it needs to be passed. I hunt the National forest and there is no reason that I cant walk around while hunting pigs with a sidearm on my hip. I dont want to carry walking through the grocery store but there is a time and place for open carry.

They still have to have PC to stop you in the first place. You can't get pulled over to just show you DL. That's what Terry vs. Ohio ruled.

Constitutional carry is the objective, and anything that moves toward it is a means to that end. If it's not perfect the way it is, you take what you can get today and then start hollerin' for more tomorrow. That's incrementalism. The opposition has been using it for years with a lot of success and it's high time we learned to do the same. Fight fire with FIRE!

On the way to Abbots desk!

This is not a Terry issue. Detaining someone long enough to confirm they have a CHL if they are open carrying is not a search. This fact is the entire reason they added the amendment in the first place. Terry dealt with a stop and frisk, not checking for a DL.
Any further detention beyond checking for a CHL would require reasonable suspicion or consent.

I will still carry concealed at the grocery store. I will still carry open at the deer lease.

I'm glad it passed, but I feel the same. I'm just glad we have a choice now.

Actually we can. The State of Texas allows that because driving is a privilege not a right. Now that allowance is not without limitation. If I stopped you while driving just to determine if you are licensed to do so, upon finding you are indeed a licensed driver, I cannot legally investigate any farther without consent from you or something that qualifies as Probable Cause(dead body, bale of cocaine) is in plain view. Terry vs. Ohio was a ruling on "Reasonable Suspicion". That ruling allows a Police Officer to conduct a "Terry Frisk" of someone who he has contacted in order to ensure that said person is not concealing a weapon on his person that he has not made the officer aware of. It simply ensures the safety of all parties involved.

Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and(2) display the license on the demand of a magistrate, court officer, or peace officer.(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section