Petition For Open Carry

[Renegade]

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?

Illegal in CA Now:

Gov. Jerry Brown has outlawed openly carrying unloaded handguns despite heavy resistance from gun enthusiasts. Though it was already illegal to openly carry loaded handguns, AB 144 expands California’s firearm regulations by nixing people from openly carrying an unloaded handgun outside of a person’s home or vehicle. AB 144 was approved on October 13, 2011 and became law Jan. 1. Violators could face up to one year in prison and/or a fine of $1,000.


California outlaws open carry of unloaded handguns*|*Daily Sundial

It is laughable to think Open Carry is legal in NJ (by virtue of not being listed as one of the 7 states).

 

[itchin]

So is open carry legal in Tx? I thought only concealed with a gubmint permit was legal?

 

[Aj Weaver]

Please provide the evidence.

Please read this. The Open Carry Argument

And NO open carry is ONLY LEGAL on YOUR property.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

And
Sec. 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.​

 

[Aj Weaver]

So is open carry legal in Tx? I thought only concealed with a gubmint permit was legal?

No Open Carry IS NOT legal in Texas unless you are on your OWN Property.

 

[Aj Weaver]

Illegal in CA Now:

Gov. Jerry Brown has outlawed openly carrying unloaded handguns despite heavy resistance from gun enthusiasts. Though it was already illegal to openly carry loaded handguns, AB 144 expands California’s firearm regulations by nixing people from openly carrying an unloaded handgun outside of a person’s home or vehicle. AB 144 was approved on October 13, 2011 and became law Jan. 1. Violators could face up to one year in prison and/or a fine of $1,000.


California outlaws open carry of unloaded handguns*|*Daily Sundial

It is laughable to think Open Carry is legal in NJ (by virtue of not being listed as one of the 7 states).

OK The law that you mentioned only applies to counties with a population of 200K or more. New Jersey's permit is a permit to carry. The law makes no distinction between open or concealed. That being said they are a MAY issue state and the sheriff's department may revoke the permit should they choose and many would revoke the permit if the permit holder was carrying openly.

 

[Aj Weaver]

PS the TSRA DID NOT DRAFT THE OC BILL Lone Star Citizen Defense League did and TSRA attempted to block it.

 

[Renegade]

So is open carry legal in Tx? I thought only concealed with a gubmint permit was legal?

You can legally Open Carry any firearm except a handgun under most circumstances.

Handguns can only be open carried under certain instances. These are outlined in PC46.15

 

[itchin]

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?

No Open Carry IS NOT legal in Texas unless you are on your OWN Property.

2 conflicting posts. txinvestigator has been a very reliable source on these types of issues. Which one is right? We are talking handguns. I know that isn't mentioned in the op, but I think most people know we are talking handguns.

 

[Aj Weaver]

You can legally Open Carry any firearm except a handgun under most circumstances.

Handguns can only be open carried under certain instances. These are outlined in PC46.15

Ok you are going to get this guy in trouble with the law. As mentioned above PC 46.15 applies if, you are a peace officer, a security officer, a member of the Armed Forces actively performing duty, hunting, or enroute to hunting (as long and the weapon is in common usage{ie NOT A HANDGUN})

 

[Aj Weaver]

2 conflicting posts. txinvestigator has been a very reliable source on these types of issues. Which one is right? We are talking handguns. I know that isn't mentioned in the op, but I think most people know we are talking handguns.

Please read Texas Penal Code 46.02 and 46.035 Then you can decide for yourself

 

[InfantryNCO]

2 conflicting posts. txinvestigator has been a very reliable source on these types of issues. Which one is right? We are talking handguns. I know that isn't mentioned in the op, but I think most people know we are talking handguns.

I'll put my money on the law...

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

And
Sec. 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.​

 

[Renegade]

OK The law that you mentioned only applies to counties with a population of 200K or more. New Jersey's permit is a permit to carry. The law makes no distinction between open or concealed. That being said they are a MAY issue state and the sheriff's department may revoke the permit should they choose and many would revoke the permit if the permit holder was carrying openly.

Nowhere in the bill does it mention that:

AB 144

 

[Renegade]

Ok you are going to get this guy in trouble with the law. As mentioned above PC 46.15 applies if, you are a peace officer, a security officer, a member of the Armed Forces actively performing duty, hunting, or enroute to hunting (as long and the weapon is in common usage{ie NOT A HANDGUN})

+ the hundreds of Case Law scenarios you did not mention.

BTW, hunting with handguns is common in Texas I think ( I do not do it).

 

[Renegade]

Please read Texas Penal Code 46.02 and 46.035 Then you can decide for yourself

Also read the hundreds of Case Law decisions as they are more forceful than the law since they have already been litigated.

 

[Aj Weaver]

Also read the hundreds of Case Law decisions as they are more forceful than the law since they have already been litigated.

Please provide example.

 

[Renegade]

Please provide example.

Do a search. I have provided examples for years and do not have them with me at this time.

 

[InfantryNCO]

Also read the hundreds of Case Law decisions as they are more forceful than the law since they have already been litigated.

Check it out-

Case law and precedents are fine once your attorney is arguing your defense case in front of the judge, but it's the statute that peace officers abide by.

So yes, case law may get you out of trouble after you appear before the justice o' the peace, but won't stop the arrest.

 

[InfantryNCO]

I'll take my attorney's fees in .45 acp and .30-06, please.

 

[Renegade]

Check it out-

Case law and precedents are fine once your attorney is arguing your defense case in front of the judge, but it's the statute that peace officers abide by.

So yes, case law can get you out of trouble after you appear before the justice o' the peace, but won't stop the arrest.

Wrong.

One Example - Nowhere does it say you carry a handgun at gun show in PC46.15 (The Statute), yet cops are present at gun shows and they do not arrest because they know the Case Law.

 

[txinvestigator]

Please read this. The Open Carry Argument



And NO open carry is ONLY LEGAL on YOUR property.

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

[

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

And
Sec. 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.​

[/quote]
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.