Open Carry rules for Idiots....

[texas skeeter]

Me being one I'am still not clear on all the rules pertaining to OC. Thus this thread for many whom don't know all the rules...

- Do you have to be licensed to OC?

- Which signs to look out for while OC?

- Places you cannot OC?

 

[RCK1999]

Me being one I'am still not clear on all the rules pertaining to OC. Thus this thread for many whom don't know all the rules...

- Do you have to be licensed to OC?

- Which signs to look out for while OC?

- Places you cannot OC?

Do you currently hold a CHL?


Sent from my iPhone using Tapatalk

 

[sdismukes]

The bill hasn't even been signed yet - should be "soon". So the details have yet to filter down. Regardless, it'll be Jan 1 2016 before the law takes effect. That gives DPS and folks a chance to figure out what all this really means and how to handle stuff like gunbuster signs, LEO interface with OCers, and so on.

What I understand is if you have a CHL, you are licensed for OC. Come Jan 1 2016, that is. NOT TODAY.

The amendment to keep cops from stopping you just because you OC was removed. So expect to be stopped in downtown Austin, Dallas, Houston etc. if you OC, pert-regular to have your CHL permit examined. At least until the novelty wears off.

I also understand there will be a 30.07 sign similar to the 30.06. The 30.07 will address OC only. The 2 signs won't overlap - they may allow CC but not OC on a given property. If so you will just see the 30.07. If they deny both OC and CC, you will see both signs. If they have neither of the signs, you can CC or OC there. The signs have to be a specific placement, format, and wording. Otherwise they are meaningless. I believe the bill to allow a hand-drawn red circle-with-slash over a gun image to prohibit firearms was squashed. In some states that has the force of law. Here the sign has to be a specific wording and format, and placed "conspicuously".

Stay tuned - I'm sure there will be a lot more to come. And if I misspoke about anything above, I KNOW there will be more to come!

 

[Younggun]

You can read the bill in its entirety as passed by house and senate. What's to filter down?

 

[sdismukes]

Actual implementation. The only reason it was delayed to 1/1/16 was this. That's "filter down" in my book.

 

[Twomill]

The amendment to keep cops from stopping you just because you OC was removed. So expect to be stopped in downtown Austin, Dallas, Houston etc. if you OC, pert-regular to have your CHL permit examined. At least until the novelty wears off.

The amendment/s that were stripped from HB 910 were just a repeat of the law as it stands now. The amendments did not add rule of law to open carry, they just repeated the law already in effect. I am not an attorney and this is not legal advice.

 

[winchster]

Me being one I'am still not clear on all the rules pertaining to OC. Thus this thread for many whom don't know all the rules...

- Do you have to be licensed to OC?
YES

- Which signs to look out for while OC?
30.07

- Places you cannot OC?
Same places off limits places with the exception of the different signage requirements. In other words, if it was off limits by statute, it still is. If it was off limits by 30.06 posting, unless it is ALSO posted 30.07 it isn't off limits.

.

 

[Younggun]

Actual implementation. The only reason it was delayed to 1/1/16 was this. That's "filter down" in my book.

That was because of claims that police needed time to be retrained on how to handle OC. It has nothing to do with how it applies to those who are carrying.

Nothing will be changed in the law between now and then.

 

[Younggun]

In other words, they claim police need extra training to not shoot someone on site for OCing a handgun.

 

[Mexican_Hippie]

And the penalties for walking past a 30.06 or 30.07 sign were reduced - if you leave when asked to verbally.

So on 1/1/2016 if you accidentally walk past a sign and are asked to leave it's more like a speeding ticket than being arrested and losing your CHL.

 

[oohrah]

Cops cannot stop you just because you are open carrying. "Papers Please?" They still must have probable cause, reasonable suspicion, or another legitimate reason to ask for ID.

 

[Shady]

This sounds just like the libs/moms demand action saying the streets will flow with blood.

The amendment to keep cops from stopping you just because you OC was removed. So expect to be stopped in downtown Austin, Dallas, Houston etc. if you OC, pert-regular to have your CHL permit examined. At least until the novelty wears off.

 

[sdismukes]

This sounds just like the libs/moms demand action saying the streets will flow with blood.

The amendment was introduced - so they said - to avoid profiling. I agree existing law would have been repeated by this. I hope Shady isn't putting me in the same boat as MDA and the bloomberg twits. He would be so wrong as to not even be in the same ocean.

The amendment was pulled because LEO's were very much against it.

I can still fully envision particularly Austin/Houston/Dallas cops (those with Democrat mayors, particularly) being more than just a little interested in someone OCing in their cities. So, you need a pretext? "Sir, you seem to be a little unsteady on your feet. Have you been drinking? I notice you're carrying a pistol"...

I'm simply associating WHY the amendment was pulled (LEOs didn't like it) to a possible outcome now that it is pulled. If it simply repeated existing law, why was it so heavily opposed?

Several of our brethren in OKC have reported much the same happen there. OKC cops just did not want people to OC in their city and came to harangue, if not outright harass, folks that did.

 

[Shady]

I am not in anyway saying you are on a level of the idiots of MDA Im just saying that blasting out what will happen when no one really knows is just rhetoric.

Its a moot point the amendment is gone is not going to be added back this session so we may as well live with it and see how it works out.

I really do hope you are wrong.

And having several family members as cops in California and haveing done tons of ride alongs


I can't see the the majority of cops doing this without you doing some other thing to draw attention to yourself. Will there be a few asstards that do it a few times probably and if the person its done to reports it to there superiors it will in time get on there record and open the district up to a lawsuit so the cop will be fired before it get to that.

It just gets old hearing the same complaints over and over and over agian when its 6 months before anything can even happen.

The amendment was introduced - so they said - to avoid profiling. I agree existing law would have been repeated by this. I hope Shady isn't putting me in the same boat as MDA and the bloomberg twits. He would be so wrong as to not even be in the same ocean.

 

[TX69]

And the penalties for walking past a 30.06 or 30.07 sign were reduced - if you leave when asked to verbally.

So on 1/1/2016 if you accidentally walk past a sign and are asked to leave it's more like a speeding ticket than being arrested and losing your CHL.

Anyone know what they are? They shouldn't have been so severe in the first place but now that the DPS has so much data that Texans with CHL's aren't murderous crazy people looking to break laws I guess they'll just have us pay a tax.

 

[TX69]

Cops cannot stop you just because you are open carrying. "Papers Please?" They still must have probable cause, reasonable suspicion, or another legitimate reason to ask for ID.

All of which they have the experience to get around that bullshit and yank your ass over for whatever. So expect to get looked over during the year of 16 until what others have noted the "novelty" wears off and we all go back to normal.

 

[RCK1999]

Anyone know what they are? They shouldn't have been so severe in the first place but now that the DPS has so much data that Texans with CHL's aren't murderous crazy people looking to break laws I guess they'll just have us pay a tax.

If you leave, it's a class C misdemeanor. It escalates to class A if you refuse to leave.


Sent from my iPhone using Tapatalk

 

[Shotgun Jeremy]

This could be a pretty good thread if not for all the bickering. Maybe one of our members who are better at sifting through this stuff can make a thread covering this, close it, and sticky it?

 

[Shady]

its a class c misdemeanor for concealed carry now unless you are verblay told to leave. If you refuse it becomes class A like it is now.

Anyone know what they are? They shouldn't have been so severe in the first place but now that the DPS has so much data that Texans with CHL's aren't murderous crazy people looking to break laws I guess they'll just have us pay a tax.

 

[Shady]

aint the class C the lessor offense ?

If you leave, it's a class A misdemeanor. It escalates to class C if you refuse to leave.


Sent from my iPhone using Tapatalk