Texas Open Carry Isn’t Likely To Be Constitutional Carry
BY Herschel Smith
9 years, 9 months ago
The secret was out about a week ago.
Another hot topic this session is open carry and Senator Perry already has an idea of what may come of that.
“I think you will see open carry on multiple levels. I think at the end of the day, Governor Abbott was very clear and Lt. Patrick has said the same thing. So, if an open carry bill meets the desk of the governor, it’s going to get signed. I would say if there is a bill that comes out of the house or senate chambers regarding second amendment it will be a license to carry” Senator Perry said.
As if on cue, the bill that has been filed follows what is likely a “behind closed doors” or “gentleman’s agreement.”
AUSTIN – State Sen. Craig Estes filed a bill on Friday that would authorize open carry of modern handguns in Texas by anyone with a license, so long as the handguns are carried in shoulder or belt holsters.
Texas is currently one of the few states that does not permit citizens to openly carry modern handguns under any circumstances. The other states that deny their citizens the right to carry handguns openly are: California, Florida, Illinois, New York, and South Carolina.
“Texas is one of only six states, including California, New York, and Illinois, that still completely ban open carry,” said Estes, R-Wichita Falls, who represents Palo Pinto County. “As Governor Abbott recently said, ‘If open carry is good enough for Massachusetts, it’s good enough for the state of Texas.’”
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If passed, the new license to carry created by this bill would replace the existing concealed handgun license. Applicants would have to meet the same requirements that they currently do to get a concealed handgun license.
That’s really too bad for Texans. The government shouldn’t be in the business of licensing anyone to engage in a constitutional right. Voters might want to let their elected officials feel their disapprobation.
Now, how is this law to be enforced? Texas has no “stop and identify” statute. Either massive confusion is on the way, or more onerous laws like a new stop and identify statute will be part of this bill (or some future bill). Terrible. Just terrible.
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On January 28, 2015 at 1:11 am, William Baker said:
Why specify shoulder or belt holsters, I don’t get it. So no pocket carry, bag carry, ankle holsters etc?
On January 28, 2015 at 2:33 pm, Archer said:
Because pocket carry, bag carry, and ankle holsters are by their nature “concealed”. It’s hard to “open carry” a pocket pistol in your pocket.
What I don’t understand is why they feel they need to define what is “openly carried” or “concealed” at all if the same license will cover both, unless the “‘concealed’ means ‘concealed at all times or it’s brandishing'” statute is set to remain. If that’s the case, I’d be contacting my representatives and demanding they fix it, and my demanded fix would be unlicensed open carry or “Constitutional carry”.
On January 28, 2015 at 2:58 pm, Herschel Smith said:
Which is what we have in N.C. Open carry without a stop and identify statute is a problem waiting to go to court (or for someone to get shot by cops).
On January 29, 2015 at 11:41 am, Ned Weatherby said:
Open carry and police “unschooled” in the law – a recipe for disaster. Or open carry meets steroid-addled cop. Some scary video recorded encounters out there.
On January 30, 2015 at 6:09 pm, TexTopCat said:
Well, I do think that there needs to be a requirement to be carried in a holster and not just stuck in someones belt or hung around their neck by a string. Probably some kind of “retention” holster should be required, but again then the “definition” becomes a nasty requirement to enforce. We already have a protection against being charged when a concealed handgun is accidentally partially displayed for a short period of time.
On January 28, 2015 at 8:44 pm, Ned Weatherby said:
I was always blown away at Rick Perry encouraging gun manufacturers from the eastern states to relocate to Texas because they’re so “gun friendly” except for that little RINO in the living room – open carry – “The Right to Bear Arms” – is illegal.
And out of all states, Magpul chose Texas to relocate to from Colorado. I guess it’s a little better for Magpul. People in Texas can own the platform of guns they manufacture products for, but they just – can’t – carry – them. And Rick Perry, Governor for how many years, is pro gun?
Licensing a right is the best Texas can do?
On January 28, 2015 at 11:30 pm, cargosquid said:
The irony is that Texans CAN open carry the weapons that Magpul support.
Open carry of handguns is not legal yet….and will require a permit.
I love how everyone talks about Texans and their guns while little old Vermont has had constitutional carry forever.
On January 29, 2015 at 11:37 am, Ned Weatherby said:
Texans can open carry rifles, but not handguns? Arizona finally has constitutional carry as well. Some folks who recently moved here are surprised to learn they can carry openly or concealed without a permit.