Open Carry Bills 2015

[locke_n_load]

I've seen two (EDIT: 3) Bills so far:

HB 106 by Flynn - Adds licensed open carry with the same restrictions as conceal carry, looks like 30.06 goes for both concealed and open carry. EDIT: Requires 2 point retention on holster for Open Carry.
http://www.legis.state.tx.us/BillLookup ... Bill=HB106
Click on the text tab to actually read the bill.

HB 195 by Sticland - Constitutional carry, concealed or openly without a license. Includes definition of intoxicated to be per 49.01 (0.08%). It also looks like they leave in the ability to get a CHL, and that possessing a firearm, concealed or unconcealed, is not probable cause. I cannot tell if they have removed 30.06 either (they leave in the reference for amusement parks, churches, and hospitals, but I do not see the main section for 30.06 in the bill).
http://www.legis.state.tx.us/BillLookup ... Bill=HB195
Click on Text to read the actual bill.

EDIT: HB 165 by White - similar to 106, licensed open carry. Does not have the 2 point retention holster requirement and creates a 30.07 sign just for OC. Much better chance of passing (and better overall) than 106.

106 is not passing as-is, since 30.06 is then tied to open and concealed carry. EDIT: 2 point holster requirement is terrible.
195, I would have not touched the CHL portion just because I think that would hurt the chances of getting passed. I also want some clarification on 30.06. Is it removed so that carry is legal on private property, despite any signage? And I think the addition of intoxication definition is a great thing.

http://www.capitol.state.tx.us/Reports/General.aspx to find all bills listed so far (be sure to hit the 2015 Legislature drop down).

 

[txinvestigator]

HB 106 is written badly in regards to 30.06. It allows the sign the not have to match the 30.06 language. In the current law it must be identical to the language in 30.06. Under HB 106 that changes to "language indicating" That is a bad move, IMO.

And the bill should strike 46.02 (a-1)



This language is also added " unless the license holder is carrying the handgun in a shoulder or belt holster with at least dual points of resistance."

 

[txinvestigator]

HB 195 strikes most of 46.02 except for car carry by criminals. Excellent bill.

It strikes the "concealed handgun requirement of 46.035"

46.035 also leaves in the section that reads "(g) [(i)] Subsections (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7) do not apply if the actor was not given effective notice under Section 30.06. (the bill strikes [(b)(4), (b)(5),(b)(6), and (c)])

The bill leaves licensed carry as an option. 30.06 would still apply to licensed carry, but unlicensed carry would fall under 30.05. That means a gun busters sign would allow an arrest if a non-licensed person carried past it.

This bill needs some work.