If Legal, Would You Open Carry?

[MR Redneck]

I'm paying attention. Don't forget that I came here from CA where I got mixed up in 2A advocacy. I know CA's laws very well (better than 99% of the police there, I'd put money on that). While you're restricted to an unloaded firearm in incorporated areas (with mags on the opposite side of your belt being perfectly legal) it's completely legal to open carry a loaded firearm in unincorporated areas in CA.

I knew that too...

 

[txinvestigator]

I'm paying attention. Don't forget that I came here from CA where I got mixed up in 2A advocacy. I know CA's laws very well (better than 99% of the police there, I'd put money on that). While you're restricted to an unloaded firearm in incorporated areas (with mags on the opposite side of your belt being perfectly legal) it's completely legal to open carry a loaded firearm in unincorporated areas in CA.

In Texas, if you are traveling you can open carry a handgun that is LOADED, incorporated area or not. Look at that, open carry in Texas

 

[MR Redneck]

In Texas, if you are traveling you can open carry a handgun that is LOADED, incorporated area or not. Look at that, open carry in Texas

Uh Huh.. Yea right.
The next time I go to the DFW I call you up and let you show me how to do that. I'll bet it wouldnt take the cops 10 minutes to jump all over you.

 

[Texan2]

The next time I go to the DFW I call you up and let you show me how to do that.

Why wait?

 

[majormadmax]

In Texas, if you are traveling you can open carry a handgun that is LOADED, incorporated area or not. Look at that, open carry in Texas

I was not aware of that, could you please elaborate? I was under the impression that you could only carry in a vehicle if the weapon was concealed...either with a CHL or without. Thanks in advance!

As for open carry, anyone care to discussion the provisions outlined in this blog? For an advocate of open carry, he sure seems to want to attach a lot of restrictions to it! "An open carry medallion...to assure the public that the person carrying a properly holstered handgun in public view is a citizen vetteed (sic) and tested by the State of Texas to be safe, responsible and proficient in knowledge, habit, carriage and use of said handgun?!?" Geez, that's ridiculous even to those of us who aren't the biggest supporters of OC!

Cheers! M2

 

[MR Redneck]

Why wait?

I didnt say I was going to do it, I want to watch him do it.

 

[Bithabus]

I was not aware of that, could you please elaborate? I was under the impression that you could only carry in a vehicle if the weapon was concealed...either with a CHL or without. Thanks in advance!

"Traveling" is an exception to 46.02. Problem is 'traveling' is not legally defined. There is case law, but depending on the jurisdiction the term will be interpreted differently.

 

[txinvestigator]

I was not aware of that, could you please elaborate? I was under the impression that you could only carry in a vehicle if the weapon was concealed...either with a CHL or without. Thanks in advance!

See 46.15(b)

If you are traveling, regardless of the mode of travel, the law that generally proscibes the carry of handguns does not apply to you.

 

[txinvestigator]

Uh Huh.. Yea right.
The next time I go to the DFW I call you up and let you show me how to do that. I'll bet it wouldnt take the cops 10 minutes to jump all over you.

***SIGH*** You miss the point entirely. Open carry is not banned in Texas. It is not generally allowed under most conditions, either, just like in MANY of those states alledged to have open carry.

read penal code 46.15(b).

 

[majormadmax]

See 46.15(b)

If you are traveling, regardless of the mode of travel, the law that generally proscibes the carry of handguns does not apply to you.

Thank you, I will do more homework on that section of the penal code!

So based on this, I can open carry in my Jeep when "traveling" (whatever that means)? And how has case law addressed this, favoring which side?

It would be one of the few times I might actually do OC, because the way I normally conceal carry is very restrictive while driving.

Of course, I am not a big fan of "vagueness" in our laws!

Cheers! M2

 

[APatriot]

No you don't. You may be actuall DO open carry, but unless they have somehow conveyed control of the property you are carrying unlawfully.

The law is Penal code 46.02. it clearly states that it is UNLAWFUL to carry a handgun on or about your person unless you meet one of two major conditions. Can you show me where one of the conditions is "with someone's permission"?

I suggest Buckwheat that you read "all" of my posts in regard to this issue before you "cut and paste".

 

[txinvestigator]

Thank you, I will do more homework on that section of the penal code!

So based on this, I can open carry in my Jeep when "traveling" (whatever that means)? And how has case law addressed this, favoring which side?

There is no case law that I can find. Case law is only established at the appelate court level. If a Misdemeanor court found a guy not guilty, another court could find a person guilty for the EXACT SAME THING. This is why the stories about crossing 3 counties or staying overnight are not case law. They were decisions in courts of original jurisdiction and not an appellate decision.

It would be one of the few times I might actually do OC, because the way I normally conceal carry is very restrictive while driving.

because the term is not defined I would be very hesitant to do this.

Of course, I am not a big fan of "vagueness" in our laws!

Cheers! M2

Agreed!

 

[APatriot]

I sleep fine, and yes, in rural areas "country folk" do their thing. Of course, in a residential subdivision, I wouldn't suggest walking across the street to talk to your neighbor.

txinvestigator: here you go buckwheat.

 

[Bithabus]

There is no case law that I can find. Case law is only established at the appelate court level. If a Misdemeanor court found a guy not guilty, another court could find a person guilty for the EXACT SAME THING. This is why the stories about crossing 3 counties or staying overnight are not case law. They were decisions in courts of original jurisdiction and not an appellate decision.

because the term is not defined I would be very hesitant to do this.



Agreed!

There is lots of appellate case law regarding traveling. Much of it is very old.

 

[txinvestigator]

I suggest Buckwheat that you read "all" of my posts in regard to this issue before you "cut and paste".

Do not resort to name calling. I have no desire to read any of your posts, actually. You are wrong on this issue. If you disagree, post your arguments and facts to support it. Othewise, you establish nothing.

 

[txinvestigator]

There is lots of appellate case law regarding traveling. Much of it is very old.

In regards to the exception to UCW? Can you cite a case or two. I have looked.

 

[Bithabus]

Thank you, I will do more homework on that section of the penal code!

So based on this, I can open carry in my Jeep when "traveling" (whatever that means)? And how has case law addressed this, favoring which side?

It would be one of the few times I might actually do OC, because the way I normally conceal carry is very restrictive while driving.

Of course, I am not a big fan of "vagueness" in our laws!

Cheers! M2

To be safe I would only consider myself traveling during long journeys. And I would not stop other than for fuel.

 

[txinvestigator]

txinvestigator: here you go buckwheat.

What is your point? That you DO it, does not make it lawful.

 

[majormadmax]

because the term is not defined I would be very hesitant to do this.

I very much agree, I guess I'll just have to wait until the new open carry law passes!

 

[txinvestigator]

I very much agree, I guess I'll just have to wait until the new open carry law passes!

Touche, sir.