HB 357 - Constitutional Carry

[ian]

No, still license excepted.

Whew! OK good.

Just wondering, what is section 6 46.035 sub section A saying?

What offense is committed if a person knowingly displays a handgun in plain view of another person in a public place?

 

[avvidclif]

Probably wondering why it wasn't cleaned out whem open carry passed???

 

[Bithabus]

Whew! OK good.

Just wondering, what is section 6 46.035 sub section A saying?

What offense is committed if a person knowingly displays a handgun in plain view of another person in a public place?

Open Mexican carry

 

[ian]

Probably wondering why it wasn't cleaned out whem open carry passed???

I'm easily confused. I just got worried when I read that part of the law. In CA some folks hate open carry even supposedly pro-gun folk.

 

[toddnjoyce]

Open Mexican carry

Legal Mexicans or illegal Mexicans?

 

[Bithabus]

Legal Mexicans or illegal Mexicans?

Could be both. Like an illegal carrying an anchor baby

 

[Charlie]

Just carry a bat in the truck with a glove and baseball.

 

[benenglish]

Probably wondering why it wasn't cleaned out whem open carry passed???

That's not the way laws are written in Texas. Changes tend (tend - this isn't an absolute) to be put in without pulling out the superseded language. Instead, a line will be tacked onto the end of a section saying that certain lines above are no longer in effect. It's a mess and hard to read but the practice does retain the history of a law in the text of the law.

The basic rule of thumb is that to understand any of it, you have to read all the way to the end and take special note of the parts that basically say "That other part you just read is no longer in effect under these circumstances."

 

[toddnjoyce]

I'm easily confused. I just got worried when I read that part of the law. In CA some folks hate open carry even supposedly pro-gun folk.

Well, this ain’t CA.

The Texas Penal Code for UCW (TPC 46) is horribly written and should be started from scratch.

 

[toddnjoyce]

The basic rule of thumb is that to understand any of it, you have to read all the way to the end and take special note of the parts that basically say "That other part you just read is no longer in effect under these circumstances."

Got a brain sprain doing just that earlier today with 30.05, .06, and .07.

30.05 may need to be addressed with respect to this proposed bill.

 

[ian]

Well, this ain’t CA.

The Texas Penal Code for UCW (TPC 46) is horribly written and should be started from scratch.

Right!

So IF this bill is passed as written, will Section 6 46.035 sub section A make it illegal to display a firearm to another person in public?

 

[digger]

Just carry a bat in the truck with a glove and baseball.

I agree with you but was told in a discussion that won't hold water unless you have a history of playing or coaching a legitimate team...now I assumed that probably wouldn't be tested unless the bat had been used or some other extenuating circumstance...seems like a 'less deadly force" to me.

 

[ian]

Just carry a bat in the truck with a glove and baseball.

That's what I do. Actually I have multiple bats and a couple buckets of balls.

Using a bat or other blunt object as a club seems like a death wish.

 

[Bithabus]

Right!

So IF this bill is passed as written, will Section 6 46.035 sub section A make it illegal to display a firearm to another person in public?

No. And, yes.

 

[ian]

No. And, yes.

That's comforting. Well, except for the yes part.

 

[Bithabus]

That's comforting. Well, except for the yes part.

If you have an LTC nothing would change. Except the club thing. The part you quoted prohibits unholstered open carry.

 

[ian]

I'd rather have open carry legal.

Gun grabbers want to push guns in the closet. Makes guns easier to ban later. When the population realizes that they can sit next to a person with a gun on his/her hip at a restaurant and everybody doesn't die, the population loses the fear that the media has tried so hard to perpetuate.

 

[Bithabus]

I'd rather have open carry legal.

Gun grabbers want to push guns in the closet. Makes guns easier to ban later. When the population realizes that they can sit next to a person with a gun on his/her hip at a restaurant and everybody doesn't die, the population loses the fear that the media has tried so hard to perpetuate.

That is legal in Texas for LTC holders. In most locations. But the handgun has to be in a holster.

 

[toddnjoyce]

Right!

So IF this bill is passed as written, will Section 6 46.035 sub section A make it illegal to display a firearm to another person in public?

I've cleaned up the text specific to your question. You'll have to provide a contextual scenario for display.

My interpretation of just this section is that it's intended a handgun is holstered while person carrying it is in public.


SECTION 6. Section 46.035, Penal Code,

(a) 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

 

[ian]

I've cleaned up the text specific to your question. You'll have to provide a contextual scenario for display.

My interpretation of just this section is that it's intended a handgun is holstered while person carrying it is in public.


SECTION 6. Section 46.035, Penal Code,

(a) 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

My interpretation is, if a firearm is not concealed the firearm is on display. Am I wrong?