Backdoor Open carry passed???

[Tuffbroadhead]

HA a little more digging and looking at the enrolled version that was passed..

It was CHANGED..


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 the handgun in plain
view of another person in a public place.


The restruction of that last sentence killed it...

[LemmeOut]

I see no open carry there whatsoever.

Me either. It doea seem lile if this passes I won't have to put a shop rag over my pistol when I carry it in the truck door compartment though.

[rossivey]

HA a little more digging and looking at the enrolled version that was passed..

It was CHANGED..


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 the handgun in plain
view of another person in a public place.


The restruction of that last sentence killed it...

Yes, but that should be clarification to those who are worried about accidental exposure.

[Tuffbroadhead]

Yes, but that should be clarification to those who are worried about accidental exposure.

100 percent correct Sir...

No more worry about accidental exposure after it is signed..

[rossivey]

100 percent correct Sir...

No more worry about accidental exposure after it is signed..

That's always been my biggest fear while carrying. Not after this one though.

[oneoffcustom]

I guess I'm an idiot, cause I don't understand lol. Is this concerning open carry, or the fact that open carry is not gonna happen? And is the answer that now no one better see your gun or trouble?

[oneoffcustom]

Ahhh I think I get it accidental exposure is ok.

[rossivey]

Ahhh I think I get it accidental exposure is ok.

Yes sir

[Silent Assassin]

I guess I'm an idiot, cause I don't understand lol. Is this concerning open carry, or the fact that open carry is not gonna happen? And is the answer that now no one better see your gun or trouble?

Me, neither. All that mumbo jumbo needs to be simplified!

Accidental exposure? I thought that is already a law for that where it states that an accidental exposure is ok as long it was an accidental not on purpose?? That's from my understanding and also that on one's property, showing a gun on side is perfectly legal. I understand that out in the public is different. What's the point for that bill to be brought up in first place if we already have similar law?

[rossivey]

Me, neither. All that mumbo jumbo needs to be simplified!

Accidental exposure? I thought that is already a law for that where it states that an accidental exposure is ok as long it was an accidental not on purpose?? That's from my understanding and also that on one's property, showing a gun on side is perfectly legal. I understand that out in the public is different. What's the point for that bill to be brought up in first place if we already have similar law?

I think it's just wording.

[az2tx]

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?

only if they flip out when they see the cops holstered weapon too, if not then they didn't flip out because of the weapon

FYI I personally don't see what the issue is with open carry, I lived in Arizona for years and open carry is legal there. See someone with a gun and not even pay attention, kind of like someone is wearing a hat or something

[Dave]

This just clarifies the accidental exposure clause. Makes it clear that as long as you aren't intentionally showing off your holstered pistol you can't get in trouble.

Keep in mind that exposure can still lead to you being asked to leave the premises by someone in management.

[rossivey]

This just clarifies the accidental exposure clause. Makes it clear that as long as you aren't intentionally showing off your holstered pistol you can't get in trouble.

Keep in mind that exposure can still lead to you being asked to leave the premises by someone in management.

Yep

[tvc184]

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:

SB299 was the original open carry bill. It did not get enough traction in both houses in its original/submitted form. This original Senate bill did have the term "in a manner calculated to alarm".

HB1304 is the bill that only changes the term "intentionally fails to conceal" to "intentionally displays". This more or less clarifies the law for those officers and citizens that can't understand culpable mental states. Apparently "displays" is easier to understand then "fails to conceal". You can read the original bill as submitted to the House and it makes no mention of the manner "calculated to alarm" and it shows no amendments.

The original SB299 was changed to almost match HB1304.

This is what the new law will say if the governor signs it. The underlined parts are the new words added to the current law and the yellow highlighted was struck from the current law. It effectively ends open carry for this session.

(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.

[tvc184]

I guess I'm an idiot, cause I don't understand lol. Is this concerning open carry, or the fact that open carry is not gonna happen? And is the answer that now no one better see your gun or trouble?

Ahhh I think I get it accidental exposure is ok.

Open Carry is dead for this session. It can be taken up again in 2015.

Accidental exposure is not illegal under current law. Changing a couple of words appears to make the law easier for some people to understand. It still will not stop someone from calling the police. Hopefully it be easier for the responding officer to understand the law and will keep an officer from making an unlawful arrest.