'Open carry' bill heads to Gov. Abbott

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."

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?

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.

Thank goodness it finally passed. Kory and I were beginning to have back problems from carrying our AK-47's around all the time.

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.

I thought there was already a law about printing.

SATIRE I HOPE!

When can people open carry?

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.

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.

A lot easier when riding a motorcycle.

It's about time!

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.

Lot easier when I use my walker also.

I'm gonna need a good shoulder holster.

OK, that makes sense.

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.

The Campus Carry Bill passed yesterday as well and off to the Gov's desk.

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.

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.

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.

Do you teach the update statewide? If an LEO charges a person, then that person is looking at attorney costs plus. Since there seems to be some confusion among counties and departments, lets clear everything up or get everyone on the same page. JMO

I personally don't teach it statewide, but it is taught statewide from the same curriculum provided by the state. The possible fly in the ointment would be an individual officer's interpretation of "intentionally display". It's pretty straightforward to me and it would have to be extremely blatant for me to file a case, but I can't speak for all officers.

And there lies the rub!! What you teach might differ from what is being taught in other districts or regions of Texas. Any particular officer might be having a bad day, or maybe the citizen is having a bad day. Once again, JMO. And when you have LEOs who buddy up with Judges then more problems can occur. JMO. I don't have any solutions and I am happy I don't have to make the calls. Some areas can be very gray/grey.

I understand what you're saying, but unfortunately most laws have a certain amount of latitude built into them. Sometimes it's a safety net to prevent people from being charged who shouldn't be. In the case of this law, it is that reason plus the problem of an infinite number of different scenarios to which the law has to be applied. It's impossible to define "intentionally display" in a way that would cover all of those scenarios while not covering some others. In many cases it ends up being a judgement call the officers have to make and we just have to hope they make the right decision for that particular scenario.

I appreciate the information about the accidental exposure subject. So many people serve up conflicting information.

I can only take so much butchering of the penal code.
It always amazes me how some people can get on here and spout incorrect information and then insinuate the people who are actually correct are stupid. If I could buy some of these guys for what they're worth and sell them for what they think they're worth I would be a millionaire.

Some of us have memories that go back to 2005 when HB 823 set out to clarify when a gun owner could carry a pistol in their auto. Harris County DA Chuck Rosenthal publicly made it known that he didn't agree with this new bill and would continue to prosecute anyone found with a pistol in the auto. He made it known that he would stand behind any LEO making an arrest for a pistol in the car without a CHL. Needless to say this was an abuse of power, and not his only one. But to me it serves to point out that certain DA's and Judges can make things miserable just to get their own jollies, and this has occurred in terms of what constitutes concealed. In 2008 Rosenthal resigned in disgrace for several reasons. BTW, Rosenthal was a Republican and a "loyal" Baptist.

Has Abbott actually signed this yet?

June 21st is the last day he can sign or veto bills.

Does anyone have a link to the full text of the bill and any amendments??

http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=84R&Bill=HB910

https://www.youtube.com/watch?v=dSFEfiCvFl0