This Is Why Constitutional Carry Will Fail This Term In Texas
BY Herschel Smith
7 years, 9 months ago
In 2015, Gov. Greg Abbott signed into law two provisions expanding gun rights in Texas. With House Bill 910, Texas joined 14 other states that allow open carry of firearms in public spaces with a valid permit. Senate Bill 11 implemented campus carry. The two laws, widely praised by advocates as extensions of Texans’ liberty, also ushered in a firestorm of opposition in Austin and around the state. Groups like Texas Gun Sense cold-called local businesses to see which ones would allow open carry on their grounds, hoping that economic consequences would affect businesses’ choices – and in many cases it did. Lists, including one compiled in these pages, swelled with names of restaurants and businesses opting out.
Protests against campus carry were particularly robust at UT-Austin, where organizers were dogged in resisting a law that ultimately went into effect Aug. 1, 2016, the 50th anniversary of Charles Whitman’s Tower shooting. On the first day of classes, #CocksNotGlocks protesters set off a fresh round of outrage that reverberated internationally. Gun advocates and Lege regulars scratched their heads at the level of opposition, many of them feeling the two laws functioned as a substitute for constitutional, or permitless, carry, the ultimate goal of many gun rights groups.
Constitutional carry finds itself on the legislative agenda this year. Rep. Jonathan Stickland, R-Bedford, has pledged his support for such a measure via HB 375, which would eliminate the licensing requirement for carrying a handgun, essentially deregulating open carry. Stickland announced his commitment to passing the law at a Jan. 23 press conference hosted by Texans for Accountable Government and Lone Star Gun Rights. “There’s been a lot of education involved,” he said, explaining why he believes the measure faces better odds this session than two years ago, when the pro-gun caucus was more fragmented. “There are a lot of groups that are coming together and saying, ‘You know what? It’s wrong that Texans have to beg for permission for their Second Amendment rights. It’s wrong that we’re forcing people to pay a fee and take a class for their Second Amendment rights.'”
But Stickland may not have as much support as he suggests. Andrea Brauer, executive director of Texas Gun Sense, suggested the conservative representative is very much in the minority on the issue. Rather, she said, the priority among Capitol Republicans remains eliminating the licensing fees for open carry enthusiasts while leaving the class requirement in place, though no lawmaker has filed a bill quite yet. “I’m not hearing people say [permitless carry] is a priority except for Jonathan Stickland,” she continued.
Where are the Texans? Look folks. I know it’s a lot of work to stay active in these matters. But I noticed some gun bills in formation in Arkansas a few days ago, some good some very bad, and I spent the time to get the email addresses of every state senator and a number of pastors of high profile churches in Arkansas to send out blast emails linking articles I intend to write if this begins to go badly for Arkansas. And I don’t even live in Arkansas.
You guys have got to spend the time to be active or we’ll always be relegated to second or third class, or lower. Our liberties are at stake. Fill their ear up with our demands. They won’t hear it from anyone else, will they?
On February 3, 2017 at 9:58 am, Col. Douglas Mortimer said:
The Wyoming legislature only meets from Jan-March thank goodness. But I had to write 2 letters a couple of days ago to voice some concerns over a couple of gun related bills moving through the process. It is always important to stay active in the process.
On February 3, 2017 at 1:04 pm, Deadmeat99 said:
Similar to Nevada legislature meeting for 120 days only in odd years yet they still do tremendous damage. This state is very close to going over the edge like Colorado did. Vegas and Clark County run the show even when the rest of the state leans conservative. If we don’t get a Republican governor in two years (not that the current one is all that great) this state will be done for.
On February 3, 2017 at 1:37 pm, Phelps said:
The Texas lege only meets for 140 days in odd-numbered years. (That’s why the last thing passed in 2015.) We also have found it best to limit the time they have for mischief. It also means that they can’t live in Austin and have to keep a REAL home in their home district. No one is making a career of state congressman.
On February 4, 2017 at 8:37 am, Billy Mullins said:
Texas’ legislature only meets for a couple of months every OTHER year. It kind of limits the damage it can do.
On February 3, 2017 at 10:07 am, Fred said:
“eliminating the licensing fees for open carry enthusiasts while leaving the class requirement in place, though no lawmaker has filed a bill
quite yet”
Tennessee also has a bill filed for this, although the class requirement is eliminated as well. And we also have a bill filed for permitless. I think the plan is to allow the permitless bill to fail so this compromise can get through. Incrementally advancing toward constitutional carry, taking the wins we can get, is ok by me. Then, when there is no blood in the streets we can say see; no blood, and then pass permitless. I hate to have to do it and some pro gun folks are coming out against it on principle, but they might just be playing along.
We also have one of those 10th amendment bills. It’s weak. It denies funding and personnel from assisting the feds but it doesn’t throw, civil rights violating, feds in jail, as so far, there is no enforcement mechanism in it just no funds and personnel prohibition.
I have been in touch with those who filed these bills and commended them and pushed for a little less wimpyness. I have also written all the pertinet committee and sub committee members on these. We have a leadership bottle neck in the judiciary committee and surprisingly it’s not reps out of greater Memphis. It’s aggravating that full on red neck counties have crappy reps. Must be outside money.
Anyway, there has been some action so I need to write and call again. You would be surprised how few people actually do this. Someone answers the pone on the first ring and they reply personally to my emails. It ain’t hard.
On February 3, 2017 at 4:25 pm, mikrat said:
“…signed into law two provisions expanding gun rights in Texas. With House
Bill 910, Texas joined 14 other states that allow open carry of
firearms in public spaces with a valid permit….”
It should read:
signed into law two provisions expanding gun PRIVILEGES in Texas. With House
Bill 910, Texas joined 14 other states that conditionally allow in violation of the second amendment to the constitution, open carry of firearms in public spaces with a valid PERMISSION SLIP from your elite ruling class.
And they waited 145 fucking years for PERMISSION. This is why i and many laugh when i hear Texans claim to be free and so superior.
On February 3, 2017 at 6:10 pm, Martin Cohn said:
So the Texas legislature again has a clear republican majority in both chambers of the legislature. So it’s not up to the democrats. The republican legislators that honor their oath will vote for Constitutional Carry when it gets to the floor for a vote. Guess who that leaves?
Lt Dan and Straus need to get off their RINO asses to get it to the floor. And the rest of the damn RINOS need to be pressured to honor their oath and vote to protect Texas gun owners Civil Right.
That means YOU need to start blowing up their phones now and don’t let up until we get this passed!
On February 3, 2017 at 6:27 pm, mikrat said:
“honor their oath and vote to protect Texas gun owners Civil Right”
Do you know what a Civil Right is?
On February 3, 2017 at 7:11 pm, Martin Cohn said:
I know what a Civil Right is. Sounds like you might not?
On February 3, 2017 at 7:37 pm, mikrat said:
Well you seem to think buy what you wrote that a Civil Right is the same a a natural right. If so you are wrong.
On February 3, 2017 at 8:03 pm, Martin Cohn said:
Ahh 2A is both.
On February 3, 2017 at 8:41 pm, mikrat said:
Seriously?!
Civil Rights are Created by Governments and given to their subjects as Privileges – Like your carry Permit – its a Permission Slip created by a Government. A carry Permit is not a Right, its a Privilege that can be taken from you at any time they wish – same as a Civil Right.
A natural Right is one you are born with as a sovereign man and always have no mater what some criminal bureaucrat says or writes. Note i did not say sovereign citizen.
The 2A does not grant or give you or I any rights – it is only there to tell the bureaucrats/Gov that this is one of our many rights and that they are not to infringe upon it. A Right can not be taken away unless you allow them to do so – and sadly most of this country has allowed just that by accepting all the Privileges handed out like candy – yet ignorantly choose to believe they are rights.
To state that the 2A is both a Civil Right and a Right is ludicrous. If that is what you choose to believe then you sir will always be a subject.
On February 3, 2017 at 8:47 pm, Martin Cohn said:
Dude you have no clue who you are talking to.
And 2A is definitely an inalienable right AND a Civil Right.
On February 3, 2017 at 8:59 pm, mikrat said:
I don’t really give a shit Who I’m talking to. Dude.
Enjoy, Subject.
On February 3, 2017 at 11:15 pm, Martin Cohn said:
You really should go back and reread this whole thread…very…carefully. You seem to have a comprehension problem.
On February 4, 2017 at 8:52 am, Bill Mullins said:
A right cannot be taken away but it can bleeping well be infringed or violated.
On February 4, 2017 at 4:49 pm, mikrat said:
“but it can bleeping well be infringed or violated”
Yes thats true but only when the people allow it – just as the people in this country have and continue to allow.
On February 6, 2017 at 9:38 am, Bill Mullins said:
Lemme ask you something. Do YOU live in Texas? If so Do you walk around openly packing without having the state’s permission? I have other things I want to do than be a guest of TDC. If I’m gonna request a room in one of the “TDC Hilton’s”, I am damned well going to do something a whole lot more significant than unlicensed carry. If my wife dies before I do there’s a guy I intend to put 165gr .40 cal hollow points into each of the joints of his arms and legs plus two into his junk. Payback for what that asshole did to my wife – AND ME – would be worth dying in prison. Unlicensed open carry would not. Wise men once told me to pick my battles.
On February 6, 2017 at 9:44 am, mikrat said:
No not in Texas – but in one of the many other corporate states that wants you/I to get their permission to exercise a right – I do not ask permission, and i carry as needed when i want to, not when they say i can.
On February 6, 2017 at 10:09 am, Fred said:
After the first felony, the rest are free.
On February 3, 2017 at 9:53 pm, StukaPilot said:
legalist stuff and nonsense. Lethal self-defense against violent criminals and/or a criminal State apparatus is a Natural Right. Assert by doing.
On February 5, 2017 at 3:06 pm, DAN III said:
Aaaah, “Stuka Pilot” aka Haxo Amgmark aka (Not So) Wise Cave Owl aka Mohammad aka X,
What ? No anti-semitism ? No (((echoes))) ?
Nevertheless, I see the sociopath rears his ugly head everywhere.
On February 4, 2017 at 8:35 am, Billy Mullins said:
I would write to my state Representative and Senator but both are doctrinaire Democrats and . . . you see my problem.
Arguing facts with a leftist is a pure waste of time. It’s like trying to teach a donkey to sing grand opera. It wastes your (and the jackass’) time and aggravates everyone around . . . including the donkey!
On February 4, 2017 at 5:26 pm, mikrat said:
“I figure we’ll get CC in the term after Mr Trump takes the oath the second time”
We already have it – The 2A spells it out clearly and the Fed Gov/ STATE’s and Cops violate it every day.
The STATES by enacting “laws” repugnant to the constitution and cops that just follow orders for a pay check and enforce such “laws”.
On February 6, 2017 at 9:28 am, Bill Mullins said:
If we in Texas already have what is referred to as “constitutional carry”, why do we still face a lengthy visit with the Texas Board of Corrections if we get caught carrying without the state’s permission?
On February 6, 2017 at 9:41 am, mikrat said:
Sorry – I meant We as a Nation, not just Texas.
Because the Cops and Judges/Lawyers are corrupt and don’t care about your rights (They do NOT work for you or I) – and the people seem fine to put up with their rights being violated by those they continuously put on a pedestal.
On February 6, 2017 at 11:34 am, Bill Mullins said:
“Rights are not revocable.”
True. But they can damned well be infringed and violated. Remember what Jefferson wrote in the Declaration, “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes;”. I do not consider the current state of things to have reached the threshold of which Jefferson wrote – YET.
On February 6, 2017 at 2:21 pm, mikrat said:
Oh Sure they can and have infringed and violated since decades before any alive were born. Yet they continue to be held high and re-voted back into office time after time.
The only right we really have left is what time we go to the bathroom – everything else has been turned into a Privilege and very few even know the difference, yet claim they are free.
If it isn’t time yet, then is got to be 1/2 second to midnight.
On February 6, 2017 at 2:27 pm, Bill Mullins said:
Ya know? IMS, they tried that in Kali a while back. Some nonsense about water conservation.