tag:blogger.com,1999:blog-22957834.post7877161240783317338..comments2023-11-27T02:17:22.859-06:00Comments on The LawDog Files: Texas Open Carry of HandgunsLawDoghttp://www.blogger.com/profile/05232684877582591461noreply@blogger.comBlogger51125tag:blogger.com,1999:blog-22957834.post-38131973457593205822013-02-08T08:32:26.832-06:002013-02-08T08:32:26.832-06:00I'm not sure where you're getting your inf...I'm not sure where you're getting your information, but good <br />topic. I needs to spend some time learning <br />more or understanding more. Thanks for excellent info I was looking for <br />this info for my mission.<br /><i>My weblog</i> - <b><a href="http://meridianamagazine.org/ang/link/3382" rel="nofollow">handle</a></b>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-51623979497742248592010-01-25T09:46:26.591-06:002010-01-25T09:46:26.591-06:00That's simple, Anonymous. The Second Amendment...That's simple, Anonymous. The Second Amendment of the Federal Bill of Rights merely applies to federal law. The Second Amendment has never been incorporated to the States (although it's important to note that it may be soon).<br /><br />Now that leaves us with State Constitutions. Nearly every State has a RKBA clause in their consitutions, Texas is no different. Article 1, Section 23 reads:<br /><br />"RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime."<br /><br />So, Chapter 46 of the Penal Code is NOT unconstitutional, is perfectly legal, and will ensure lots of hot water for washing and other purposes if you get caught OCing. Your only chance to wiggle out of that is to challenge the law on the basis that it does not "prevent crime", the condition which the Constitution requires it to be legal. Not hard to do, prohibiting OC indeed does not prevent crime and IS patently illegal, but I know I certainly wouldn't want to be the test case.Robnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-24493470312826256982009-12-05T21:37:51.093-06:002009-12-05T21:37:51.093-06:00we already have permission in Texas to open carry....we already have permission in Texas to open carry. Its called the 2nd amendment and I carry it everywhere I go in my wallet. If you dont think we have that right already, then explain to me which Texas law prohibits it and how that law, if it exists, does not infringe on my right to bear arms in the constitution. If it infringes on the 2nd amendment, the law is invalid and unconstitutional. If you dont like that, then amend the constitution..dont try to pass some bogus lawAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-64953836045861521992009-08-04T12:44:34.070-05:002009-08-04T12:44:34.070-05:00To the LEO that posted that it wouldn't be goo...To the LEO that posted that it wouldn't be good to let felons own or carry guns - consider this - criminals by their very nature do not obey the law, so what good is it to pass a law that prohibits them from owning a gun? If they want one, they'll find a way to get one, no matter how may laws exist that say it's illegal for them to do so.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-30758652152244484302009-02-07T08:48:00.000-06:002009-02-07T08:48:00.000-06:00As a sworn, certified LEO in the largest city in T...As a sworn, certified LEO in the largest city in Texas I can tell you that I support open carry as I have been a 2nd Amendment proponent much longer than I have had a badge. As to abolishing Penal Code Ch 46, not a good idea... change yes, abolish no. I don't think any of us would condone allowing Felons to possess firearms or to allow for those incarcerated in penal institutions to be allowed to arm themselves (both covered by statutes under Ch 46). Understand though, for open carry, you will probably be "hassled" by LEO's BASED ON TIME, LOCATION, and BEHAVIOR. Bright sunny day, minding your own business, walking through a parking lot... probably going to let you go on your way. 3am, high narcotics/high crime area, skulking in the bushes... I will definently have questions about that pistol on your hip and your criminal history BASED ON YOUR CONDUCT. But understand that this is basic crime intervention and upheld by the Supreme Court... the fact that you are open carrying is the same in both... enjoy the debate, hope to hear back.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-54773171729036474172009-01-05T04:42:00.000-06:002009-01-05T04:42:00.000-06:00Even if open carry were legal, I do not think it i...Even if open carry were legal, I do not think it is the better option for a CCW/CHL holder. When the bad guys have a knife/gun on you, they will always be watching for your movement towards your gun. They will be more interested in stealing your gun than anything else. If you concealed carrying, there are several ways to fool the opponents before pulling out your Glock - misdirection is the key. <BR/>On the other hand, if you are openly carrying, the smart thing to do is to carry a concealed primary weapon also. In this case, make no motion towards your open weapon giving the thugs a false sense of security while reaching for your concealed weapon. In other words, your open weapon provides the necessary misdirection!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-28676468616898331802009-01-02T23:12:00.000-06:002009-01-02T23:12:00.000-06:00Here's the second prong in the Disarm the Populace...Here's the second prong in the Disarm the Populace approach: http://ammunitionaccountability.org/<BR/><BR/>"Accountability" means that they number-stamp each piece of ammo sold and make it illegal to own un-stamped ammo. Cuz, as we all know, every gang-banger and random goblin *always* buys his ammo at Cabella's using his very own ID.<BR/><BR/>e~CAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-37171771506815007982008-12-13T23:53:00.000-06:002008-12-13T23:53:00.000-06:00Bowie knives are also illegal to carry in polite c...Bowie knives are also illegal to carry in polite company here in Texas. How's that for ironic? These laws are probably the result of townsfolk in boom towns getting tired of the roughnecks and/or cowboys ventilating each other as the apex of the night's entertainment.<BR/><BR/>I came of CCW age in Florida, where even an accidental display of your roscoe is considered brandishment. That still colors my perceptions on the matter. Open CCW would be kind of cool, but I'd want a darn good retention holster and even then I'd still opt for concealment in most cases.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-60795131509763406252008-12-11T13:33:00.000-06:002008-12-11T13:33:00.000-06:00Gang bangers aren't going to open carry. They'll j...Gang bangers aren't going to open carry. They'll just continue illegally carrying, concealed, without permits (or the ability to lawfully purchase their guns in the first place, in many of their cases). <BR/><BR/>And because gang bangers tend to be big, slimy cowards, I imagine that they'll be more choosy of their potential targets when they see citizens open carrying. These infectious piles of vomit don't prefer fair fights. Or unfair-to-them fights. <BR/><BR/>Besides: open carry requires a holster. How often do you hear of, or see, gang bangers buying or stealing holsters? Not often. They jam their "foties" down their pants and sometimes, much to my amusement, hook the triggers and render themselves incapable of reproducing.<BR/><BR/>As far as not trusting somebody who's open carrying: if my firearm is secured in my holster, I'm not threatening anybody. Just because you see my firearm doesn't mean that I'm doing anything that you should be worried about.Sarahhttps://www.blogger.com/profile/09954628762314972147noreply@blogger.comtag:blogger.com,1999:blog-22957834.post-88739038441040314552008-12-11T00:44:00.000-06:002008-12-11T00:44:00.000-06:00...haven't post offices been expressly forbidden f...<I>...haven't post offices been expressly forbidden for carry via federal law for a long, long time? Over 60 years? It's pretty well indicated that carry in a USPS Office gets the key thrown away as a felony.</I><BR/><BR/>Not really.<BR/><BR/><A HREF="http://www.capdefnet.org/fdprc/contents/shared_files/titles/18_usc_930.htm" REL="nofollow">18 USC 930</A> provides that:<BR/><BR/><I>(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both. <BR/><BR/><...><BR/><BR/>(d) Subsection (a) shall not apply to - <BR/><BR/><...><BR/><BR/>(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes. <BR/><BR/></I><BR/><BR/>Naturally, the sign at the post office never includes the exception in subsection (d).<BR/><BR/>So the question is this: Is peaceably carrying for self defense, in accordance with state law, a lawful purpose or an unlawful one?<BR/><BR/>Seems simple to me.<BR/><BR/>I do not advise my students to carry in a post office, though. The postal cops have a different view of the law than I do, and I'm not Alan Gura.Andrewhttps://www.blogger.com/profile/10595960360013731640noreply@blogger.comtag:blogger.com,1999:blog-22957834.post-68186045629531132582008-12-10T20:29:00.000-06:002008-12-10T20:29:00.000-06:00Open carry without a license is also legal in Oreg...Open carry without a license is also legal in Oregon, of all places. The exception is that municipalities can ban it for people without a CCL (but not for those with one), and the few largest blue cities do so.<BR/><BR/>Two points, then. One, its worked out fine here. Two, when the state of Texas is out-conservatived by the state of Oregon, something has to give. Your laws or your street cred, one or the other.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-20773954048613537092008-12-10T18:40:00.000-06:002008-12-10T18:40:00.000-06:00Con: it seems to me that openly carrying a weapon ...<I>Con: it seems to me that openly carrying a weapon -- any weapon, of any kind -- is intimidating to others in a way that concealed-carry isn't. At least, it would be to me, because I know the person is armed, but I don't know why. So I don't know if, or how far, I can trust them.</I><BR/><BR/>Wolfwalker, that makes no sense.<BR/><BR/>You trust somebody when you don't know whether they are armed or not... but DON'T trust when you can plainly see that they ARE armed?<BR/><BR/>I've always been surprised that it's outlawed in Texas. I mean, it's TEXAS.tanksoldierhttps://www.blogger.com/profile/04160316039546071989noreply@blogger.comtag:blogger.com,1999:blog-22957834.post-65337851095461583892008-12-10T17:32:00.000-06:002008-12-10T17:32:00.000-06:00As someone who spent over 20 years in Arizona befo...As someone who spent over 20 years in Arizona before moving to Big-D, I lament frequently the loss of my ability to openly carry a legal handgun.<BR/><BR/>For that matter, most folks are incredulous when I tell them we can't openly carry a handgun in Texas. To most people, the very spirit of Texas is that of a people that embrace their freedoms with both arms.<BR/><BR/>As soon as this bill is introduced, I'll be on the phone to my reps and the Governor voicing my support.triptyxhttps://www.blogger.com/profile/15240153041034322689noreply@blogger.comtag:blogger.com,1999:blog-22957834.post-4697486294469134712008-12-10T12:12:00.000-06:002008-12-10T12:12:00.000-06:00Well said, LD. "An armed society is a polite socie...Well said, LD. "An armed society is a polite society." I, too, am in favour of open carry, after a quick background check. On my last handgun purchase, I was in an out of the store in less than 30 minutes. I see no (legitimate) reason why we law-abiding citisens should not have both open and consealed carry. Please keep us posted on the progress of the bill to allow us this option.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-55122740616819052222008-12-09T20:35:00.000-06:002008-12-09T20:35:00.000-06:00A handgun securely holstered, especially one in a ...A handgun securely holstered, especially one in a well designed "retention" holster is <I>not</I> a gun being "brandished".<BR/><BR/>And yes, I would include a requirement of positive retention in any legal, 'open carry' holster.<BR/><BR/>My 'slide' holser is fine for CCW, but in the open, I'll want at least a thumb-snap or such.<BR/><BR/><BR/>Jim<BR/>Sloop New Dawn*<BR/>Galveston, TX<BR/><BR/>*sunk by IkeAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-83851534963874847612008-12-09T18:41:00.000-06:002008-12-09T18:41:00.000-06:00I remember that the hand-wringing panty-wetters s...I remember that the hand-wringing panty-wetters screamed that it would be the wild-west-shootouts at every corner when Texas passed its' concealed-carry law. What DID happen, though, is that the crime rate went DOWN, because all of a sudden, the critters weren't sure who MIGHT be carrying (and a lot of ladies I knew were DEFINITELY packing in their purses!)<BR/><BR/>The wild west shootouts didn't happen then, so doubt that they'd happen with open carry. The crime rates will probably drop again, though. <BR/><BR/>And, while it is TECHNICALLY legal to open carry here in Pennsylvania, I can just about guarantee you that the cops WILL be called, because someone was wetting their pants about it. (Saw it happen here--and the poor guy was on crutches, due to a missing leg, to boot.)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-91638813509784640982008-12-09T18:40:00.000-06:002008-12-09T18:40:00.000-06:00When I was dating a gal that lived near Henderson ...When I was dating a gal that lived near Henderson I was amazed to learn that Texas wasn't a open carry state.<BR/><BR/>Y'all are still Texans, right?Pawpawhttps://www.blogger.com/profile/14959820068377494313noreply@blogger.comtag:blogger.com,1999:blog-22957834.post-64031507737318271722008-12-09T18:33:00.000-06:002008-12-09T18:33:00.000-06:00Here is a lonk to an online petition.http://www.pe...Here is a lonk to an online petition.<BR/><BR/>http://www.petitiononline.com/texasoc/petition.htmlAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-83386532693512963612008-12-09T16:40:00.000-06:002008-12-09T16:40:00.000-06:00Actually, the homicide rate in the "Old West" was ...Actually, the homicide rate in the "Old West" was almost invariably much lower than it is today. The exceptions were the towns run by the gamblers and criminals for gamblers and criminals. The so-called "Hell on Wheels" that accompanied the railroad construction crews West were fairly typical of the type. <BR/><BR/>Of course, the railheads such as Dodge City and Abilene had their years. But subtract those killed in gang rivalries such Phil Coe, killed by Marshal "Duck Bill" Hickok, and the big cattle towns suddenly seem downright bucolic in comparison to the streets of most any modern city. And that is the more remarkable in that the drovers were almost all ex Confederates, who traded shots with the Yankee townspeople just a few years before. <BR/><BR/>The same goes for El Paso, which set a record of seven homicides in one year. Again, turf wars. <BR/><BR/>And yes, when the prey went elsewhere, the gamblers who preyed on them followed. To the Colorado mining camps and then to Tombstone for most of the Kansas gamblers such as the Earps and their cohorts. Other places for other "bad men." <BR/><BR/>Those who would like to read all about it would probably like Eugene Cunningham's "Triggernometry." A good read by someone who knew many of the major figures of the Real Old West personally. <BR/><BR/>But open carry was not a problem in the "wild wild west." And it's still not a problem today. <BR/><BR/>If Baja Oklahoma allows open carry I know a few places I would like to return to.<BR/><BR/>Pete AllenAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-86341484596343189552008-12-09T15:01:00.000-06:002008-12-09T15:01:00.000-06:00Lawmom, I'd go to your restaurant.There's a little...Lawmom, I'd go to your restaurant.<BR/><BR/>There's a little horse tack shop that my wife goes to. They have a sign that says "Unattended children will be given an espresso, and a free puppy." :)<BR/><BR/>Here in the Great White North, open carry was legal until 1975. That's when a few drunk-with-power liberal politicians put the kybosh on it. Nowadays, our Firearms Act still technically permits the issuance of a ccw permit if your life has been "threatened", but really, it's another "who you know" thing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-54588483891866896532008-12-09T07:44:00.000-06:002008-12-09T07:44:00.000-06:00"First off, the open-carrying Wild West had a murd..."First off, the open-carrying Wild West had a murder rate considerably less than that of a modern big city..."<BR/><BR/>When last I checked, the crime rate in the west was actually lower than many of big cities of the time as well.<BR/><BR/>Oh and Delaware is a may issue CCDW, but open carry state. We even have state preemption since the mid '80s.Jeff the Baptisthttps://www.blogger.com/profile/13978930508610389584noreply@blogger.comtag:blogger.com,1999:blog-22957834.post-50122007706817443482008-12-09T02:15:00.000-06:002008-12-09T02:15:00.000-06:00"cellphones can darken my door"Lawmom: there are c...<I>"cellphones can darken my door"</I><BR/><BR/>Lawmom: there are <A HREF="http://www.cell-phone-jammers.com/very_high_power_jammer.html#jammer" REL="nofollow">cheap devices which block cell phone signals</A>, however, they are illegal in a lot of places.Larryhttps://www.blogger.com/profile/03320361019553106478noreply@blogger.comtag:blogger.com,1999:blog-22957834.post-49015721988337328812008-12-09T00:41:00.000-06:002008-12-09T00:41:00.000-06:00Here in Indiana you can open carry. But in some ar...Here in Indiana you can open carry. But in some areas the L.E.O.'s give you a hard time about it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22957834.post-15983592451224182032008-12-08T21:07:00.000-06:002008-12-08T21:07:00.000-06:00I didn't see much open carry when I lived in V...I didn't see much open carry when I lived in Virginia, but then again I lived in the part of the state other Virginians apologized for (Hampton Roads, which is home to PETA).<BR/><BR/>It's not an issue which I have much of an opinion on, to be honest. Might make the BCSO's job a wee bit easier around here, if the gang-bangers started carrying openly. I think it's that specter that scares most of the anti people.<BR/><BR/>I'd also love to see open carry on campus, if for no other reason (& I admit this is juvenile) to see the "concealed carry on campus would create an atmosphere which is not conducive to learning" contingent piddle themselves.Sabrahttps://www.blogger.com/profile/13746486966764162127noreply@blogger.comtag:blogger.com,1999:blog-22957834.post-74021571333129966422008-12-08T20:31:00.000-06:002008-12-08T20:31:00.000-06:00Here, here, Dawg.tweakerHere, here, Dawg.<BR/><BR/><BR/><BR/>tweakerSpeakerTweakerhttps://www.blogger.com/profile/13520767686388236987noreply@blogger.com