Texas Lt. Gov. Dan Patrick says Senate currently lacks the votes to pass permitless carry

[Cob]

Got five pages read. Not even going to try to read more of it unless I print it out

 

[gdr_11]

I am just going to wait for the keen legal minds here to provide the Cliff’s Notes for those of us who have passed into senility. The legalise in these kinds of documents drives me crazy and give me flashbacks of working on Federal contracts

 

[kenboyles72]

Another big win for Texas

 

[Cob]

Now when do we secede

 

[Wiliamr]

I have not had time to completely discect the HB 1927, but in a basic sense: Same rules that apply to current LTC holders apply to anyone. Issues specific to licenseless carry: any peace office can disarm and hold you to check out why you are carrying but they do ahve to return firearm and unless they can prove a criminal intent they have to release. One issue is open carry might be a problem:
"(a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster."

This leaves open the question what is intentionally displaying? Might be one for the next legislature to clear up.

Overall, keep it hidden, keep it sane and all is well

 

[Renegade]

So you pretty much have to have a holster to avoid the new “brandishing” charge.

 

[Cob]

In other words make small and ware loose clothes

 

[Wiliamr]

So you pretty much have to have a holster to avoid the new “brandishing” charge.

it is not "brandishing" it is "Displaying" That is a whole different issue than brandishing. Brandishing is generally waving around or displaying an object with the intent to alarm or intimidate. Display - that could just be a gun being visible to Karen. The "exception" would be the gun was in a holster. You would still get to talk to the nice police officer - sheriffs deputy- constable- State trooper - Texas Ranger etc. That could be "fun"

 

[Renegade]

That is worse then.

 

[Cob]

Really there are a ton of restrictions on this that are of very technical nature

 

[kenboyles72]

it is not "brandishing" it is "Displaying" That is a whole different issue than brandishing. Brandishing is generally waving around or displaying an object with the intent to alarm or intimidate. Display - that could just be a gun being visible to Karen. The "exception" would be the gun was in a holster. You would still get to talk to the nice police officer - sheriffs deputy- constable- State trooper - Texas Ranger etc. That could be "fun"

That same wording is in the current LTC law. The word "display" is used loosely, but is referred to brandishing. If the pistol is carried in a holster, whether partially concealed or open carried, this does not fall under displaying a firearm. Displaying, in that term, means being held in one's hand.

Also:

Sec. 411.2049. CERTAIN INVESTIGATORY STOPS AND INQUIRIES
PROHIBITED. A peace officer may not make an investigatory stop or
other temporary detention to inquire as to a person's possession of
a handgun solely because the person is carrying a partially or
wholly visible handgun in a holster.

and

(a-5) A person commits an offense if the person carries a
handgun and intentionally displays the handgun in plain view of
another person in a public place. It is an exception to the
application of this subsection that the handgun was partially or
wholly visible but was carried in a holster.

 

[Sasquatch]

So if someone wants to carry their AR pistol, they'll need an old cowboy boot with a belt loop for a holster, or a kydex rig if you want to be super tactical?

 

[Renegade]

I missed where in the Constitution it says you need a holster.

 

[kenboyles72]

So if someone wants to carry their AR pistol, they'll need an old cowboy boot with a belt loop for a holster, or a kydex rig if you want to be super tactical?

Could be wrong, but an AR pistol, even though it is classified as a pistol, is still treated like a rifle. IE, can be open carried on a sling, one point sling or traditional

 

[Renegade]

so

Could be wrong, but an AR pistol, even though it is classified as a pistol, is still treated like a rifle. IE, can be open carried on a sling, one point sling or traditional

are you saying there is a sling exception?

 

[kenboyles72]

so

are you saying there is a sling exception?

Yes, but this pertains to rifles. There is no law in Texas prohibiting the carrying of a rifle in public. One exception is that it is to be worn on a sling, either across the back or chest carry. The sling can be either a two point or one point sling

 

[Cob]

We will have to live with it for now but We need to develop a laundry list of improvements for them to inact in the next session

 

[Renegade]

Yes, but this pertains to rifles. There is no law in Texas prohibiting the carrying of a rifle in public. One exception is that it is to be worn on a sling, either across the back or chest carry. The sling can be either a two point or one point sling

where in the bill or penal code is this exception?

 

[Wiliamr]

Really there are a ton of restrictions on this that are of very technical nature

Yes. Technicalities can trip one up and often do. That is why it is so critical to read and comprehend the Letter of the Law and not interject ones interpretation, feelings, wishes, wants, expectations into how the Law is interpreted by the courts

 

[Wiliamr]

That same wording is in the current LTC law. The word "display" is used loosely, but is referred to brandishing. If the pistol is carried in a holster, whether partially concealed or open carried, this does not fall under displaying a firearm. Displaying, in that term, means being held in one's hand.

Also:



and

You are correct, the real issue ongoing will be just how peace officers decide to enforce the law at their level. If rank and file LEOs treat CC as a non issue then it should be a good thing. The real problem will be police chiefs, city councils, mayors, sheriffs who do not like the idea of CC and put pressure on their employees to pressure those who CC.