Texas Open Carry Is Imminent - Page 2

Double Naught Spy · June 11, 2015, 08:40 AM

You would think that if the law was supposed to preclude open carry in the hands then they would have stated no open carry in the hands instead of specifying open carry via belt or shoulder only. I am not sure open pocket carry w a holster would be legal (butt protruding from pocket), open ankle carry, open chest carry (some hunting rigs), open neck carry (e.g., NAA mini revolvers), or open drop leg would be legal.

csmsss · June 11, 2015, 08:41 AM

I'd be surprised if a great deal of thought went into the holstering provision of the law. I think they just chose the most common methods of securing holstered handguns and went with them. There was no holstering provision under the previous concealed carry law, so it's all new ground.

I'm unfamiliar with TX regs on airsoft devices and other non-firearms, so have no idea how any of this would affect them. That being said, I have no idea why anyone would carry an airsoft device in public.

Double Naught Spy · June 11, 2015, 11:32 AM

Quote:

I'd be surprised if a great deal of thought went into the holstering provision of the law.

Right, maybe not a lot of thought, but will be law as stated.

Isn't the legislation supposed to be signed into law today?

csmsss · June 11, 2015, 12:10 PM

Quote:

Isn't the legislation supposed to be signed into law today?

Yes. Interestingly (or not, I guess), it is an invitation-only event and OCT (what you might call the main rabble rouser behind OC in Texas) was not invited.

Sharkbite · June 11, 2015, 01:00 PM

Quote:

I have read over and over about the requirement for a belt or a shoulder holster.

Is this just to prevent people from carrying them in their hands?

This will also prevent guys from sling carrying an AR pistol

**Tom Servo** · June 11, 2015, 03:40 PM

Quote:

Is this just to prevent people from carrying them in their hands?

Quote:

This will also prevent guys from sling carrying an AR pistol

Also, perhaps to prevent these kinds of shenanigans.

rickyrick · June 11, 2015, 04:03 PM

^^^^that was a crazy thread ^^^^

Makes me feel quite normal

aarondhgraham · June 11, 2015, 04:38 PM

Quote:

This will also prevent guys from sling carrying an AR pistol

I knew there was some aspect I was missing,,,

Thanks,,,

Aarond

.

CowTowner · June 15, 2015, 06:32 AM

HB 911 was signed into law on Saturday, 06/13/2015, by Gov. Abbott.

Skans · June 17, 2015, 03:08 PM

After the novelty wears off (oh, maybe 6 months later), do you think there will be all that much open carry?

**tyme** · June 17, 2015, 04:02 PM

I don't know what percentage of carry is OC in Arizona or Virginia, but I don't think it's a majority or close to it, and I can't imagine Texas would be that different.

It makes life a lot easier in instances where, even though you normally carry concealed, it might be more convenient to temporarily open carry. There won't be any more potential for loss of license due to transient OC.

Glenn E. Meyer · June 17, 2015, 04:03 PM

No. I doubt we will see much. First, the number of concealed carriers is small compared to the entire population. Most of them, according to surveys, hardly ever carry. Many TX CHLs supported the rule in the abstract but thought that OC was silly.

Thus, we won't see many, IMHO.

**Tom Servo** · June 17, 2015, 05:49 PM

Quote:

After the novelty wears off (oh, maybe 6 months later), do you think there will be all that much open carry?

You may see it here and there, but it probably won't be news.

Most of the public shenanigans were done as protest, and the cause for that protest has been addressed.

Of course, that hasn't stopped their fans from engaging in a bit of self-serving revisionism.

jtmckinney · June 18, 2015, 08:32 AM

Quote:

Most of the public shenanigans were done as protest, and the cause for that protest has been addressed.

Let's hope that is true. I visited their website a couple days ago and they claim there is still work to be done. If they do a victory lap when the law goes into effect I hope it is respectful and not in the face of those that oppose open carry.

I have no plans to change anything I am doing but we will see.

I was amazed that we elected politicians that claimed support while campaigning and then when elected actually passed and signed legislation. Must be another Texas thing

.

zach_ · June 22, 2015, 02:38 PM

Sounds like printing with a pocket pistol could get you in a jam.

I don't plan on being a test case either. I will still use a good pocket holster that prints like a wallet.

steve4102 · June 30, 2015, 07:09 AM

One lawyer/Law firms perspective on Texas Open Carry and LEO stopping and asking for CHL without PC.

Note he uses "without Probable cause" instead of RAS. Interesting he would make or not make that distinction.

Quote:

Scenario 1: You, as the holder of a valid concealed handgun license, decide to open carry on a particular day. A police officer detains you without probable cause, for no reason other than to verify that you have a valid handgun license. You show the officer your license. The officer verifies your license and then sends you on your way.

Quote:

Scenario 2: You, for some reason, decide to open carry on a day when either: (a) you inadvertently left your wallet – which contains your valid concealed handgun license – at home, (b) due to a reasonable oversight, you did not timely renew your concealed handgun license, or (c) you do not have a valid concealed handgun license, although you could have obtained one had you sought to do so.

In this second scenario, you will likely be arrested and charged with the criminal offense of openly carrying a handgun without possessing the proper license. Your attorney should file a motion with the trial court which seeks to suppress (e.g., make inadmissible at trial) all evidence against you that was unlawfully obtained – that is, all evidence which was obtained as the result of you being detained without probable cause. The evidence to be suppressed would likely include everything other than the police officer’s testimony that, before stopping you, the officer observed you openly carrying a handgun in a holster. Your statements to the officer and evidence of your identity would be suppressed, as would all evidence concerning your concealed handgun license or, more accurately, lack thereof. The remaining evidence against you – testimony of the officer’s observations before you were detained – would, of course, be insufficient to support a conviction.

It appears that the Lawyer/Law firm disagrees with Texas Law Shield on whether or not an LEO can stop and detain for the simple act of Legally Open Carrying a handgun.

Note, he sites no case law to support his position.

http://www.armeddefenselaw.com/blog/...iminal-conduct

rickyrick · June 30, 2015, 09:37 AM

Officers stop and ID people all the time.... I'm not sure why people think it's suddenly going to stop because of open carry laws.

I have had encounters with police for no apparent reason on numerous occasions, mostly because they are looking for someone else. Maybe it's my economic class, who knows. Happens to my contemporaries as well.

Modest to small sized communities, the police, lawyers and judges are all on the same team, I doubt this will change how police make contacts. If an officer wants to stop you because you are open-carrying, it will happen with the support of the local judiciary.
People think that there's a perfect world where officers, DAs and judges follow the rules tightly, but it's not. Everyone fudges a little just to get the job done.
Such is the life of the working man that drives an old car.

June 11, 2015, 08:40 AM	#26
Double Naught Spy Senior Member Join Date: January 8, 2001 Location: Forestburg, Montague Cnty, TX Posts: 12,717	You would think that if the law was supposed to preclude open carry in the hands then they would have stated no open carry in the hands instead of specifying open carry via belt or shoulder only. I am not sure open pocket carry w a holster would be legal (butt protruding from pocket), open ankle carry, open chest carry (some hunting rigs), open neck carry (e.g., NAA mini revolvers), or open drop leg would be legal. __________________ "If you look through your scope and see your shoe, aim higher." -- said to me by my 11 year old daughter before going out for hogs 8/13/2011 My Hunting Videos https://www.youtube.com/user/HornHillRange

June 11, 2015, 08:41 AM	#27
csmsss Senior Member Join Date: October 24, 2008 Location: Orange, TX Posts: 3,078	I'd be surprised if a great deal of thought went into the holstering provision of the law. I think they just chose the most common methods of securing holstered handguns and went with them. There was no holstering provision under the previous concealed carry law, so it's all new ground. I'm unfamiliar with TX regs on airsoft devices and other non-firearms, so have no idea how any of this would affect them. That being said, I have no idea why anyone would carry an airsoft device in public. Last edited by csmsss; June 11, 2015 at 11:04 AM.

June 11, 2015, 04:03 PM	#32
rickyrick Senior Member Join Date: March 15, 2010 Posts: 8,236	^^^^that was a crazy thread ^^^^ Makes me feel quite normal __________________ Woohoo, I’m back In Texas!!!

June 15, 2015, 06:32 AM	#34
CowTowner Senior Member Join Date: October 17, 2007 Location: Cowtown of course! Posts: 1,747	HB 911 was signed into law on Saturday, 06/13/2015, by Gov. Abbott. __________________ NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor *“Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......”* President John F. Kennedy

June 17, 2015, 04:02 PM	#36
tyme Staff Join Date: October 13, 2001 Posts: 3,355	I don't know what percentage of carry is OC in Arizona or Virginia, but I don't think it's a majority or close to it, and I can't imagine Texas would be that different. It makes life a lot easier in instances where, even though you normally carry concealed, it might be more convenient to temporarily open carry. There won't be any more potential for loss of license due to transient OC. __________________ “The egg hatched...” “...the egg hatched... and a hundred baby spiders came out...” (blade runner) “Who are you?” “A friend. I'm here to prevent you from making a mistake.” “You have no idea what I'm doing here, friend.” “In specific terms, no, but I swore an oath to protect the world...” (continuum) “It's a goal you won't understand until later. Your job is to make sure he doesn't achieve the goal.” (bsg)

June 17, 2015, 03:08 PM	#35
Skans Senior Member Join Date: November 20, 2008 Posts: 11,132	After the novelty wears off (oh, maybe 6 months later), do you think there will be all that much open carry?

June 17, 2015, 04:03 PM	#37
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	No. I doubt we will see much. First, the number of concealed carriers is small compared to the entire population. Most of them, according to surveys, hardly ever carry. Many TX CHLs supported the rule in the abstract but thought that OC was silly. Thus, we won't see many, IMHO. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

June 22, 2015, 02:38 PM	#40
zach_ Senior Member Join Date: February 21, 2014 Location: DFW north Posts: 377	Sounds like printing with a pocket pistol could get you in a jam. I don't plan on being a test case either. I will still use a good pocket holster that prints like a wallet. __________________ Z

June 30, 2015, 09:37 AM	#42
rickyrick Senior Member Join Date: March 15, 2010 Posts: 8,236	Officers stop and ID people all the time.... I'm not sure why people think it's suddenly going to stop because of open carry laws. I have had encounters with police for no apparent reason on numerous occasions, mostly because they are looking for someone else. Maybe it's my economic class, who knows. Happens to my contemporaries as well. Modest to small sized communities, the police, lawyers and judges are all on the same team, I doubt this will change how police make contacts. If an officer wants to stop you because you are open-carrying, it will happen with the support of the local judiciary. People think that there's a perfect world where officers, DAs and judges follow the rules tightly, but it's not. Everyone fudges a little just to get the job done. Such is the life of the working man that drives an old car. __________________ Woohoo, I’m back In Texas!!!

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