Backdoor Open carry passed???

[Tuffbroadhead]

I just read this and it certainly looks as if ....HAHHAH draw your own conclusions..Craig Estes is SNEAKY!!

SB299 is on the way to the Governors Desk. Here is the key provision:

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] displays the
handgun in plain view of another person in a public place in a
manner calculated to cause alarm and not pursuant to a justified use
of force or threat of force as described in Chapter 9.



"in a manner calculated to cause alarm" will soon be a requirement to be considered unconcealed. If you are open carrying a handgun and it is NOT in a manner calculated to alarm, you are GTG. Someone please point me to Case Law where it has been ruled a holstered firearm on your hip is not calculated to alarm. Could Estes have possibly know about such a Case when he introduced this bill?

[duckmanep]

interesting.

[apc10]

So what if you are carrying and someone flips out and draws a ridiculous amount of attention to you? It would seem to me that it is more or less the cop's call. Am I wrong on thinking that?

[Tuffbroadhead]

So what if you are carrying and someone flips out and draws a ridiculous amount of attention to you? It would seem to me that it is more or less the cop's call. Am I wrong on thinking that?

From the way it reads I would tend to believe that you Sir are 100% correct and it would be a "defense to prosecution"..

[Z7_Matt]

Sketchy

[Tommyh]

it will most definitely be up to LEO discretion, but expect to be disarmed. this is meant to keep you from having to worry about printing or accidental exposure. "intent" of the law will be placed into the record for judicial review once a case is brought before the courts, and the state congress will be on record as meaning such with this one.

[rossivey]

We'll see where this goes

[Tuffbroadhead]

We'll see where this goes

I can see it being a complete train wreck!

Not this thread, but people going out and testing the limits using SB299 in a manner that it was not intended to because of how its worded..

[rossivey]

I can see it being a complete train wreck!

Not this thread, but people going out and testing the limits using SB299 in a manner that it was not intended to because of how its worded..

Yep. I'm for the open carry bill but not sure I will open carry. I think most people are just worried they'll print or accidentally expose their piece and then be in trouble for it. I guess they just need clarity of the laws in that regard.

[LostHawg]

With all the yellow spined liberals running around, that would include a drawing of a gun on your big chief note pad... :/

There should never have been the infringement of permitted carry!

[SB09]

All I know is I wouldn't want to be a test case. We will see where this goes. Things should get interesting to say the least. I'm sure a lot of members have heard the saying, " You may beat the wrap, but not the ride. " Whoever decides to test this will more than likely have to take a ride to jail. Whether or not there will be any punishment will remain to be seen.

[systemnt]

Not clear-cut enough.
Laws that utilize interpretation in their very fabric are laws that are left up to whatever kind of day a LEO is having.

[cvanbrunt]

From what I can tell they changed the bill though and as voted it's not open carry at all.

http://www.capitol.state.tx.us/BillL...83R&Bill=SB299 Key is to go down to the enrolled version that was voted on and passed.



relating to the intentional display of a handgun by a person
licensed to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (h), Section 46.035, Penal
Code, are amended to read as follows:
(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 displays [fails to conceal] the handgun in plain
view of another person in a public place.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of force or deadly force under Chapter 9.
SECTION 2. The change in law made by this Act applies only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2013.

[Bonesplitter]

I see no open carry there whatsoever.

[LostHawg]

Not clear-cut enough.
Laws that utilize interpretation in their very fabric are laws that are left up to whatever kind of day a LEO is having.

Absolutely...

These legals don't even understand what "shall not be infringed" means, or what the 10th Amendment says about it. Instead, they manipulate the message to comply with whatever their mood leads them to demand at the time!

I am just totally disgusted by the whole deal.