Fight over open carry gun policy in T...

Fight over open carry gun policy in Texas

There are 366 comments on the KVUE story from Jul 30, 2008, titled Fight over open carry gun policy in Texas. In it, KVUE reports that:

Imagine walking down the street and next to someone with a gun strapped to their hip.

Join the discussion below, or Read more at KVUE.

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Michael Ejercito

Los Angeles, CA

#1 Jul 30, 2008
No one seems to bat an eye at police officers and Secret Service agents openly carrying.
alan

Houston, TX

#2 Jul 30, 2008
why hasn't the crime "BLOWN UP" in states with open carry then??? virginia and pennsylvania allow open carry... allow isn't even the right term... being able to carry a gun openly is our ABSOLUTE RIGHT guaranteed by the U.S. CONSTITUTION AND THE BILL OF RIGHTS, YES R I G H T S!!!!!!!!!!

“Pompous pontificator”

Since: Jun 08

Location hidden

#3 Jul 30, 2008
"Imagine walking down the street and next to someone with a gun strapped to their hip"
Does this mean the writer has doubts about this scenario?
The story says that open carry is permitted to those with concealed carry permits. I for one would rather be in the company of anyone who possesses a carry permit and their self defence tool, than anyone else. The requirements vary from state to state, but one thing permittees share is that they have been vetted by law enforcement from the FBI on down. They are by far, a safer bunch to be around than most random people walking the street. Anyone who disagrees should go to the trouble to learn what the requirements are before wholesale castigation of an entire group. Bad things happen anywhere and anytime. It's good to be prepared.
My 2 cents

Waco, TX

#4 Jul 31, 2008
Alan...Pennsylvania does not allow open carry! My Uncle is a Firearms dealer there.

I am all for open carry in Texas. Since teh Concealed Handgun License (CHL) came into existence there have been more people protecting themselves and this has forced the common thief to really think before kicking in that door. Great...I love it. Now...open carry...brings a couple of things to mind for me.

I already stated that I'm all for it.
Things that concern me:
The person that openly carries without a "good" holster secured properly to their person. It makes your gun easy to get for someone else.

Concealed carry is good because it adds the unfortunate element of surprise to that unsuspecting criminal about to rob the store that you're standing in line at. Open carry could make you his first target prior to robbing that store.

Open carry is a way to deter some crime. However, what about those bad guys that formulate their plan around your gun (because now they know you have one) the moment they see it? Concealing your gun as a good guy gives you the element of surprise and that is never a bad thing.

One more: Bad guy sees your gun and shoots at you but hits your family member standing next to you. I just don't like the idea that it would make more of our decent people targets.

Would it be ok with us, if we were carrying in the open, if a Police Officer was able to stop you for the sole reason of checking your license to carry? I have a couple of thoughts on that too. It could become a waste of our time being stopped all the time just to check my license. I could get stopped by several Officers in one day. so it could just be a small pain in the butt.

However...what's to stop the bad guy from carrying in the open too? Carrying in the open gives you a quicker "out of the holster" time than concealed carry for sure.

I'm a huge proponent of the constitution, the ammendments and the rights and protections they grant us as citizens. But...can we take it to the point where we're actually exercising it to the point where we're putting ourselves and possibly the ones we love in more danger than need be?

Which brings me to another question. Let's say that we are standing in line at the store or out at a restaurant with our family and an armed bad guy enters into the scenario. What would/should we do? Depending on the situation there are several correct answers. Should this type of training be introduced into the licensing classes?

Is he an active shooter?
Yes - Shoot back and hope you hit them before he can return fire in the direction of you and your family?
NO - He's just robbing a store at gunpoint and then heading out the door. Is it better to be a good witness for the Police when they show up and never draw your weapon? Possibly preventing turning a non lethal outcome into a lethal one just because you can is a judgement call. I think one would be more compelled to draw their weapon if it was in the open just because others around them might think less of them for doing nothing when they clearly had the power to. There's more that goes into the decision (or should) than; I have a gun so I should use it.

Just food for thought.
FYI - I carry.:)

Since: Dec 06

Dallas, TX

#5 Jul 31, 2008
My 2 cents wrote:
Alan...Pennsylvania does not allow open carry! My Uncle is a Firearms dealer there.
Pennsylvania is most certainly an open carry state. Your uncle is not correct.
My 2 cents

Waco, TX

#6 Jul 31, 2008
No...I am the one that is not correct. The last time I had a conversation with my uncle about the carry laws in the state of Pa. was when my Dad got his permit up there. That was a long time ago. I just had no idea that they changed it.

Thanks for correcting that though.
DUH

AOL

#7 Jul 31, 2008
It is great folks in Texas can carry guns on the hip as cops do. I would feel safe with a person nearby with a gun to help protect the public. Here in Michigan we folks are beat-up or being murdererd every 5 minutes a day. Cops are NEVER on time plus the bad-guys are always being more protected than we innocent folks. If a bad-guy breaks in the house and a our dog bites them or we beat them up or shoot them they get to sue us or their family members do. USA of most states are really screwed-up.....Bless the good folks that carry guns.....
Another John

Jasper, TX

#8 Jul 31, 2008
Texas does not have an open carry law. We have a concealed weapon law for those who are pre-screened, go through training and are tested on the laws concerning that right.
In addition, there is a "castle law" in Texas that allows a person to take offensive action to protect himself, his family, and his property. He can also, if requested, protect his neighbor's property.
Besides the above we can openly carry a weapon on our own property if it is outside of a city that does not allow that.

Since: Dec 06

Dallas, TX

#9 Jul 31, 2008
Another John wrote:
Texas does not have an open carry law. We have a concealed weapon law for those who are pre-screened, go through training and are tested on the laws concerning that right.
In addition, there is a "castle law" in Texas that allows a person to take offensive action to protect himself, his family, and his property. He can also, if requested, protect his neighbor's property.
Besides the above we can openly carry a weapon on our own property if it is outside of a city that does not allow that.
no city or township can make a law against openly carrying on your own property or property you control. Texas has total statewide pre-emption in that regard.
Another John

Jasper, TX

#10 Jul 31, 2008
DKSuddeth wrote:
<quoted text>
no city or township can make a law against openly carrying on your own property or property you control. Texas has total statewide pre-emption in that regard.
Then strap on yore shootin iron and walk around your front yard in Dallas.
I agree with you about unincorporated property. For instance, I own and live on 15 rural acres. I can strap er on and walk around there all I want. I can go on my hunting lease and ride my atv around and have my pistol hangin on my side.
But I also own a small commercial building and a lot in town. I am no allowed to do the same there. If I do it will not be long before the boys in blue visit me. Now, I can keep my pistol inside the building for protection. But public display of a firearm outside will stir up a stink.
One more thing...transporting a handgun from place to place must be done in accordance with state law.
My 2 cents

Waco, TX

#11 Jul 31, 2008
So, is the general consesus, so far, that we should have an open carry law?

“PUNISH THE DESERVING”

Since: Jul 08

Location hidden

#12 Jul 31, 2008
My 2 cents wrote:
So, is the general consesus, so far, that we should have an open carry law?
An open carry law with license/same process as to attain a CHL. I think this would be the best way to go.

Since: Dec 06

Dallas, TX

#13 Aug 1, 2008
Another John wrote:
<quoted text>
Then strap on yore shootin iron and walk around your front yard in Dallas.
I agree with you about unincorporated property. For instance, I own and live on 15 rural acres. I can strap er on and walk around there all I want. I can go on my hunting lease and ride my atv around and have my pistol hangin on my side.
But I also own a small commercial building and a lot in town. I am no allowed to do the same there. If I do it will not be long before the boys in blue visit me. Now, I can keep my pistol inside the building for protection. But public display of a firearm outside will stir up a stink.
One more thing...transporting a handgun from place to place must be done in accordance with state law.
I already do carry in my front yard.
http://opencarry.mywowbb.com/forum66/12330.ht...
You really should learn more about state laws than you do. In TX, the statutes that prohibit any form of open carry have certain exemptions. One of those exemptions is for property you own or property under your control, therefore, if you own a store AND a parking lot for your store, you can open carry in that store or in the parking lot. If the 'boys in blue' arrest you for it, they are going to get really embarrassed by the county DA.
Another John

Jasper, TX

#14 Aug 1, 2008
DKSuddeth wrote:
<quoted text>
I already do carry in my front yard.
http://opencarry.mywowbb.com/forum66/12330.ht...
You really should learn more about state laws than you do. In TX, the statutes that prohibit any form of open carry have certain exemptions. One of those exemptions is for property you own or property under your control, therefore, if you own a store AND a parking lot for your store, you can open carry in that store or in the parking lot. If the 'boys in blue' arrest you for it, they are going to get really embarrassed by the county DA.
I have read it. It says from your driveway to your front door. It does not say that you walk your property line in a show of force. It is meant to allow a person to protect themselves in their car and from the car to the house. You could probably justify carrying openly from the place of business to your car in the parking lot. There will be a lot of challenges made when people try to push the issue to include more than it was meant to.
Now, I am for freedom of gun ownership.. responsible gun ownership and the right to bear arms in protection of person and property. I am all for fighting for these rights. We fight hard for each battle we win, but irresponsible acts will only serve to turn others against us and give our opposition their own brand of ammunition to use against us.

Since: Dec 06

Dallas, TX

#15 Aug 1, 2008
Another John, don't try to mix up the new traveling exemption with the open carry prohibition exemptions because it sounds like that is what you might be doing.

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

46.02 a-1 deals with the new traveling exemption in which it mandates concealment INSIDE the vehicle.

This does in fact mean that you can carry all over your front yard, in the city, and as long as you're not threatening or brandishing, law enforcement can do nothing legally.
Sicilianu

Richmond, VA

#16 Aug 1, 2008
Are you all wathching C-span?

Since: Dec 06

Dallas, TX

#17 Aug 1, 2008
whats going on C-span?
My 2 cents

Waco, TX

#18 Aug 1, 2008
DKSuddeth wrote:
Another John, don't try to mix up the new traveling exemption with the open carry prohibition exemptions because it sounds like that is what you might be doing.
§ 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:
[B](1) on the person's own premises or premises under the
person's control;[/B] or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
46.02 a-1 deals with the new traveling exemption in which it mandates concealment INSIDE the vehicle.
This does in fact mean that you can carry all over your front yard, in the city, and as long as you're not threatening or brandishing, law enforcement can do nothing legally.
No..you're wrong. Law enforcement can do something legally. All it takes is one person to call and say that they feel threatened.
Sicilianu

Richmond, VA

#19 Aug 1, 2008
DKSuddeth wrote:
whats going on C-span?
I'm sorry there buddy, that I didn't get back to you. Not quite sure what to call it but it looked like a meeting concerning the "guns on campus" debate. The lawyer for the Hellar case was speaking as well as others on behalf of the cause.
Another John

Jasper, TX

#20 Aug 1, 2008
Sicilianu wrote:
<quoted text>
I'm sorry there buddy, that I didn't get back to you. Not quite sure what to call it but it looked like a meeting concerning the "guns on campus" debate. The lawyer for the Hellar case was speaking as well as others on behalf of the cause.
Students for the right to carry on campus were meeting and discussing, among other things, the Virginia Tech shootings. They were sharing stories about why they felt the need to carry.
They want the right to carry on Virginia Tech campus...and other campuses, also.

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