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Open Handgun Carry in Texas? If not, WHY not?

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  • Rthib

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    May 23, 2013
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    I live in MN, which laws are bad on everything but got this right.

    MN you get a permit to carry. No need to conceal (though most do). This makes life much easier (especially in the summer).

    But while OC is nice, the law that really needs to get fixed is the posting (30.06) law.

    In MN, the signs have the force of ... telling you should shop elsewhere as the owner is an idiot. That is all.
    You have to be told, in person, by an agent of the store that you need to leave.
    If you refuse, it is a $25 trespass fine. No one does and for the most part, you conceal and go about your day and not have to worry about missing a sign and going to jail.

    Also, Landlords can not ban and Hotels can not ban.

    If you want to spend energy somewhere, fix this.

    Moving to Texas soon, so try and fix this before I get there :)
     

    TheDan

    deplorable malcontent scofflaw
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    Nov 11, 2008
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    30.06 is a good thing. Otherwise any no gun sign, or even a ghostbusters sign would make carry unlawful.
    I think what he's saying is that in MN, no signs have the force of law. You must be verbally told to leave.

    Rthib, is there case law that supports that? From looking at only 624.714 Subd. 17 it seems that MN has a sign requirement kinda similar to our 30.06, only less wordy.
    https://www.revisor.mn.gov/statutes/?id=624.714
    Subd. 17.Posting; trespass. (a) A person carrying a firearm on or about his or her person or clothes under a permit or otherwise who remains at a private establishment knowing that the operator of the establishment or its agent has made a reasonable request that firearms not be brought into the establishment may be ordered to leave the premises. A person who fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this subdivision is not subject to forfeiture.(1) "Reasonable request" means a request made under the following circumstances:
    (i) the requester has prominently posted a conspicuous sign at every entrance to the establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE PREMISES."; or
    (ii) the requester or the requester's agent personally informs the person that guns are prohibited in the premises and demands compliance.
     

    ROGER4314

    Been Called "Flash" Since I Was A Kid!
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    Jul 11, 2009
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    I don't want to carry openly but I know others do and have no opposition to it. Open carry just represents more crap that I need to haul around.

    The concept of concealed carry suits me better. I like NOT knowing who is armed and it's very appealing to think that the bad guys don't know either. I believe that Concealed Carry, because the BG doesn't know for sure who is armed, protects more people where Open Carry protects only those who carry.

    Another less considered view is the "suicide by cop" aspect of open carry. Wackos are everywhere and if I open carry, I invite that kind of self destruction. Concealed carry keeps me out of that.

    Even if legalized, I would not open carry unless it was the only option.

    Flash
     

    Gopher711

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    My 2* aint worth much ...BUT !
    I see Security Guards with the IQ of a caliche rock ( if they even have a High School GED it was probably fixed ) that are able to OC because of some lame ass " Security Training Class " they attended by their employer that they probably no savvvy and slept thru ....Now why not let CHL's OC ??? is beyond me ??? So how does that work ? I go take a private security class and BINGO ! I can open carry too ??
     

    Thegomezclan

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    Oct 2, 2010
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    Kerrville Tx
    I opened carried everyday when I lived in Oklahoma, it was more comfortable for me being that I'm a big guy. Most people didn't even know or care that I was OCing. I would love to see constitutional carry here in Texas but I think licensed OC would be easier to pass here in Texas.
     

    txinvestigator

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    May 28, 2008
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    My 2* aint worth much ...BUT !
    I see Security Guards with the IQ of a caliche rock ( if they even have a High School GED it was probably fixed ) that are able to OC because of some lame ass " Security Training Class " they attended by their employer that they probably no savvvy and slept thru ....Now why not let CHL's OC ??? is beyond me ??? So how does that work ? I go take a private security class and BINGO ! I can open carry too ??

    You have no idea what the security training consists of, what the laws are, or why they need to carry unconcealed. I mean no idea.

    I am a CHL, private security and TCLEOSE instructor. Trying to say you should be able to OC because an armed guard can is an illogical argument.

    BTW, I support OC.
     

    godum

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    Jul 8, 2008
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    Flower Mound, TX
    HI guys,

    I was vetting golfer711 and found this thread. TPSB security classes levels 2, 3, and 4 have nothing to do with civilian open carry. I am compelled to explain that most companies that hire unarmed and armed security do not expect their agents to do anything except detect problems and sound the alarm. 40 hours of training will not make them supercops(which they are not anyway), but it is alot better than many other states that do not require any training at all(ie Colorado). That being said, please do not be-little security officers, they are trying to make a living like the rest of us.
    Oh..and printing is illigal in the state of TEXAS. If u can see the outline of the firearm, it is illigal. As for open carry, I would like to have the option depending on the situation. No open carry was agreed to when the law was passed in 1995 so as to not offend the people that do not like guns. It was a small concession at the time to get the law passed. Just my view. I respect others right to differ. Godum
     

    Younggun

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    Jul 31, 2011
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    Fail.


    As said many times before. Show us the legal definition of printing. In fact, just find a place where Texas laws use the word "printing" as it pertains to carrying. It is NOT illegal to "print".

    Also, what training are you referring to? Training to be a security guard, or training to carry a handgun?
     

    SIG_Fiend

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    Oh..and printing is illigal in the state of TEXAS. If u can see the outline of the firearm, it is illigal.

    FAIL. You clearly don't have a clue what you're talking about. If I remember correctly, I believe this issue has come up with you before and others have set the record straight multiple times.

    46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

    If it's not intentional, no crime has been committed.
     

    godum

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    Actually....no its not.

    Tell it the judge. You may beat the rap but you wont beat the ride. I taught the chl classes for 3 years and TDPS instructors specifically address this isue. If it looks like a handgun under your clothing, you are out of complience with the statute as written. You do what you want and accept the responsibility for your actions when some left winger gets their panties in a wad over your right to carry. I agree that the term "printing" is not in the statute.
     

    txinvestigator

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    HI guys,

    I was vetting golfer711 and found this thread. TPSB security classes levels 2, 3, and 4 have nothing to do with civilian open carry. I am compelled to explain that most companies that hire unarmed and armed security do not expect their agents to do anything except detect problems and sound the alarm. 40 hours of training will not make them supercops(which they are not anyway), but it is alot better than many other states that do not require any training at all(ie Colorado). That being said, please do not be-little security officers, they are trying to make a living like the rest of us.
    Oh..and printing is illigal in the state of TEXAS. If u can see the outline of the firearm, it is illigal. As for open carry, I would like to have the option depending on the situation. No open carry was agreed to when the law was passed in 1995 so as to not offend the people that do not like guns. It was a small concession at the time to get the law passed. Just my view. I respect others right to differ. Godum

    Printing, whatever that means, is not illegal. And offending people had nothing to do with the passage of the CHL law in 1995.
     

    txinvestigator

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    Tell it the judge. You may beat the rap but you wont beat the ride. I taught the chl classes for 3 years and TDPS instructors specifically address this isue. If it looks like a handgun under your clothing, you are out of complience with the statute as written. You do what you want and accept the responsibility for your actions when some left winger gets their panties in a wad over your right to carry. I agree that the term "printing" is not in the statute.
    There is nothing to tell to the judge. I have been a CHL instructor for a decade, and you are mistaken. Completely.
     

    txinvestigator

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    FAIL. You clearly don't have a clue what you're talking about. If I remember correctly, I believe this issue has come up with you before and others have set the record straight multiple times.



    If it's not intentional, no crime has been committed.


    Actually, that law has changed now. It is only unlawful if you intentionally DISPLAY the handgun, IN A PUBLIC PLACE and in plain view of another person.
     

    matefrio

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    print2z.png
     
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