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Petition For Open Carry

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  • txinvestigator

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    The bottom line is the open carry guys like to say Texas completely bans open carry, UNTIL they are called on it then they will admit to the sections of law that do not require the handgun be concealed. It is disinginuous, at best.
     

    Aj Weaver

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    Little Elm
    You JUST wrote in this thread that Texas bans open carry, yet here you admit that was a lie. Interesting.
    You guys need to know your facts. Generally the carry of handguns is proscribed by law. Of the non-LEO. Etc, times when carry is lawful, only 3 require the handgun be concealed; With a CHL, as a PPO, and car carry under 46.02.

    All of these exceptions allow a person to carry any way they please:

    Your own premise
    premise under your control
    hunting and other lawful sporting activity where handguns are commonly used
    While traveling
    as an armed guard (must be in plain view)
    while supervising the operation of a TABC licensee


    As you can see, open carry is lawful in more instances than not. If you are going to claim CA has open carry, then at least be honest about Texas.[/QUOTE]

    I would not agree that the above mentioned situations are considered more instances than not. How often is the average citizen going to be participating in the situations you mentioned? Yes you can carry on your own property and property that you control and while that may be common working as an Armed guard is not neither is Supervising the operation of a TABC licensee. As far as traveling that is a sticky subject While you are right that PC46.15 (b)(2) does exempt from 46.02 while "traveling" it could and probably would still be arrested under PC 46.02 (a)(2)(a-1)(1) which prohibits handguns in plain view in vehicles. and while you can carry while you are at a range where pistol shooting is common how many time do you hunt with a pistol?
     

    Aj Weaver

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    Little Elm
    The bottom line is the open carry guys like to say Texas completely bans open carry, UNTIL they are called on it then they will admit to the sections of law that do not require the handgun be concealed. It is disinginuous, at best.

    Texas does in general ban open carry. While they do make a few exemptions the general public is not able to carry openly on a regular basis. For example with or without a permit if I wanted to carry to a restaurant I would not be legally allowed. While most police would not enforce this if I had my friends over for an open carry BBQ they would not be legally allowed to carry openly on my property. You are siting a few examples of the law and saying see you don't know what you are talking about however in general it is not allowed and you know it.
     

    txinvestigator

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    You guys need to know your facts. Generally the carry of handguns is proscribed by law. Of the non-LEO. Etc, times when carry is lawful, only 3 require the handgun be concealed; With a CHL, as a PPO, and car carry under 46.02.

    All of these exceptions allow a person to carry any way they please:
    I
    Your own premise
    premise under your control
    hunting and other lawful sporting activity where handguns are commonly used
    While traveling
    as an armed guard (must be in plain view)
    while supervising the operation of a TABC licensee


    As you can see, open carry is lawful in more instances than not. If you are going to claim CA has open carry, then at least be honest about Texas.

    I would not agree that the above mentioned situations are considered more instances than not. How often is the average citizen going to be participating in the situations you mentioned? Yes you can carry on your own property and property that you control and while that may be common working as an Armed guard is not neither is Supervising the operation of a TABC licensee. As far as traveling that is a sticky subject While you are right that PC46.15 (b)(2) does exempt from 46.02 while "traveling" it could and probably would still be arrested under PC 46.02 (a)(2)(a-1)(1) which prohibits handguns in plain view in vehicles. and while you can carry while you are at a range where pistol shooting is common how many time do you hunt with a pistol?

    You guys do not say all that. You simply LIE, and say Texas bans open carry completely.
     

    Aj Weaver

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    Little Elm
    You guys do not say all that. You simply LIE, and say Texas bans open carry completely.

    We do not lie, the term Open Carry is in common usage as "Carrying a pistol openly in public by a private citizen" An Armed security guard does not fall into this category Nor does carrying while supervising the operation of a TABC licensee. This also does not apply if you are on your own property and carrying at the range is a no brainer. Now while you are accusing us of lying you undermine the movement of those of us who do not feel that we should be confined to our property or a range.

    So this being said Texas does ban open carry completely per the definition that is in common usage.
     

    biglucky

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    Please provide the evidence.

    You guys need to be honest. Open carry is legal in TEXAS under the majority of circumstances where carry is legal. And isn't the CA law only for unloaded handguns?

    Open carry by ordinary law abiding gun owners in Texas is in fact banned. Saying that it is legal "under the majority of circumstances where carry is legal" is an absolute fabrication.

    They did draft HB 2756 last year. And was read for the 1st time.

    Texas Legislature Online - 82(R) History for HB 2756

    HB 2756 Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun.

    Authored by district 1 George Lavender

    Texas House of Representatives : Representative*Lavender, George

    Co-Authored by District 12 James White

    Texas House of Representatives : Representative*White, James

    And instead of working on open carry or campus carry all the time was wasted on a parking lot bill that is completely whitewash given Texas Labor laws..... That was pretty disappointing.

    You JUST wrote in this thread that Texas bans open carry, yet here you admit that was a lie. Interesting.

    You guys need to know your facts. Generally the carry of handguns is proscribed by law. Of the non-LEO. Etc, times when carry is lawful, only 3 require the handgun be concealed; With a CHL, as a PPO, and car carry under 46.02.

    All of these exceptions allow a person to carry any way they please:

    Your own premise
    premise under your control
    hunting and other lawful sporting activity where handguns are commonly used
    While traveling
    as an armed guard (must be in plain view)
    while supervising the operation of a TABC licensee


    As you can see, open carry is lawful in more instances than not. If you are going to claim CA has open carry, then at least be honest about Texas.

    The fact of the matter is that those few instances where open carry is legal does not have any effect on the majority of law abiding citizens who would want to legally carry a sidearm openly.
     

    txinvestigator

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    Open carry by ordinary law abiding gun owners in Texas is in fact banned. Saying that it is legal "under the majority of circumstances where carry is legal" is an absolute fabrication.
    No. 6 out 8 is a MAJORITY. What you SHOULD say is that general open carry of handguns without special conditions is not currently lawful in Texas.





    The fact of the matter is that those few instances where open carry is legal does not have any effect on the majority of law abiding citizens who would want to legally carry a sidearm openly.

    Say THAT, don't try to mislead people.
     

    txinvestigator

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    We do not lie, the term Open Carry is in common usage as "Carrying a pistol openly in public by a private citizen" An Armed security guard does not fall into this category Nor does carrying while supervising the operation of a TABC licensee. This also does not apply if you are on your own property and carrying at the range is a no brainer. Now while you are accusing us of lying you undermine the movement of those of us who do not feel that we should be confined to our property or a range.

    So this being said Texas does ban open carry completely per the definition that is in common usage.

    You guys are intentionally trying to mislead people. Just say what you want without all of the bullshit. Because you misrepresent Texas, your claim about other states becomes suspect.

    Just say, "we want folks to be able to walk around wherever they please with an openly carried handgun, and Texas does not allow that.

    Words have meaning, and people should not have to guess what you mean. [george lopez] common usage, ta loco [/george lopez]
     

    Aj Weaver

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    Little Elm
    No. 6 out 8 is a MAJORITY. What you SHOULD say is that general open carry of handguns without special conditions is not currently lawful in Texas.

    The majority of the time refers to the averages persons daily life. I'm not sure where you are getting the numbers from but I would have to call them Horse SH!T

    Say THAT said:
    and again I give the the Definition of Open Carry that is in COMMON USAGE!!

    Open carry refers to the openly carrying a pistol by the average citizen in Public.

    This IS banned by the current laws. I am not "misleading" people. When the average person hears open carry they think of an AVERAGE citizen carrying during his daily activities.
     

    Renegade

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    Open carry refers to the openly carrying a pistol by the average citizen in Public.

    And with this definition you claim folks can open carry in NJ?

    Please name one person, one instance of an average citizen open carrying in NJ in the last 40 years or so.
     

    Aj Weaver

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    Little Elm
    And with this definition you claim folks can open carry in NJ?

    Please name one person, one instance of an average citizen open carrying in NJ in the last 40 years or so.

    I don't know of any however the law states that they can carry. I am not from NJ nor have I ever been to NJ however the law is that citizens can open carry. It's not a state I would ever live in as it is one of the most restrictive in the country with their gun laws in General.
     

    Renegade

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    I don't know of any however the law states that they can carry. I am not from NJ nor have I ever been to NJ however the law is that citizens can open carry. It's not a state I would ever live in as it is one of the most restrictive in the country with their gun laws in General.

    And that is different from the law that states Texans can Open Carry how?
     

    Aj Weaver

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    Little Elm
    And that is different from the law that states Texans can Open Carry how?

    Ok.. One more time. NJ's permit is a "Carry Permit" not a Concealed Carry Permit. While I do not know any one who does openly carry it is LEGAL to openly carry a firearm if you have a permit. This is pretty much everywhere you can carry concealed. Whether or not they do is a completely different story.

    Texas permit is a "Concealed Carry Permit" in which a person can only carry concealed. This mean that a CHL may only carry conceal and may not carry openly during their every day activities.

    If a person from NJ had a permit they would be legally allowed to carry during their activities.
     

    Renegade

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    So-

    NJ requires a permit made of unobtanium, and there are no documented cases of it happening in the last 40 years.

    Texas requires no permit, but allows it under a number of circumstances. OC actually occurs in Texas every day.

    Yet in your mind NJ is an OC state and Texas is not.

    I will keep the Texas version.
     

    Aj Weaver

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    Little Elm
    So-

    NJ requires a permit made of unobtanium, and there are no documented cases of it happening in the last 40 years.

    Texas requires no permit, but allows it under a number of circumstances. OC actually occurs in Texas every day.

    Yet in your mind NJ is an OC state and Texas is not.

    I will keep the Texas version.

    While I agree that NJ sucks when it comes to their state laws and I agree that they are much MORE restrictive then Texas the FACT of the matter remains that OC is NOT legal in Texas and to continue to claim that it is because Security Guards can or that you can on your own property is RIDICULOUS!!
     

    Renegade

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    the FACT of the matter remains that OC is NOT legal in Texas and to continue to claim that it is because Security Guards can or that you can on your own property is RIDICULOUS!!

    Or any of the other methods which you completely ignore.

    But it is not RIDICULOUS to claim NJ is an open carry state despite no evidence if it ever happening.

    I am going to go OC a handgun over to my neighbors now. 100% legal.
     

    Aj Weaver

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    Little Elm
    I am going to go OC a handgun over to my neighbors now. 100% legal.

    No, Not 100% legal in fact 100% illegal. Texas PC makes the exemption to the OC ban on your property and property that you control not on your neighbors property even if he "Gives you permission". Will a police officer arrest you? Maybe not but that doesn't make it legal
     
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