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Texas Open Carry Info Trifold/Brochure

qednick

Regular Member
Joined
May 1, 2007
Messages
513
Location
Bandera, TX
I got a PM about the trifold so just to avoid confusion, the latest (final) version is the one attached in Post #1 of this thread.
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
444
Location
Durham, NC
So, I currently live in NC and enjoy OCing throughout this state and VA without a license. I will very likely be moving to TX (Austin area) before the end of the year. Is the info in the trifold still valid? Has anything changed since 2016?

It looks like I'll have to take a class and ask the gov't for permission to carry...
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,543
Location
Cincinnati, Ohio, USA
So, I currently live in NC and enjoy OCing throughout this state and VA without a license. I will very likely be moving to TX (Austin area) before the end of the year. Is the info in the trifold still valid? Has anything changed since 2016?

It looks like I'll have to take a class and ask the gov't for permission to carry...
First off, Texas is NOT the premier Second Amendment state it claims to be. There are a lot of restrictions.
Have a read: https://handgunlaw.us/states/texas.pdf

Facebook does have have an open carry group. You have to join and it's called "Open Carry Texas."
 

MarlinPibly

New member
Joined
Feb 20, 2021
Messages
3
we're lucky having clicked on the web page, it's exactly what my friend and I have been hoping for. The detailed information on this website is very helpful and is going to assist my friends and I all the time. It appears as if everyone gained a lot of specifics concerning subjects on the site and the other hyper links and information really show it. I am not on the internet all of the time however when I get a break im usually scouring for this type of factual information or others closely having to do with it. I have two of my friends that have also assumed an interest in this because of what I have found out about it and they will definitely to be visiting this web site because it's such an work changing treasure. I'm also interested in government issues and coping with the constant changes in elections. When you get a chance, have a look at my site. Seattle Photographer
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,543
Location
Cincinnati, Ohio, USA
we're lucky having clicked on the web page, it's exactly what my friend and I have been hoping for. The detailed information on this website is very helpful and is going to assist my friends and I all the time. It appears as if everyone gained a lot of specifics concerning subjects on the site and the other hyper links and information really show it. I am not on the internet all of the time however when I get a break im usually scouring for this type of factual information or others closely having to do with it. I have two of my friends that have also assumed an interest in this because of what I have found out about it and they will definitely to be visiting this web site because it's such an work changing treasure. I'm also interested in government issues and coping with the constant changes in elections. When you get a chance, have a look at my site. Seattle Photographer
Reported
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
444
Location
Durham, NC
Looks like you may have to update your flyer soon!

I'm in Texas now - have not applied for any permits yet and feel odd not carrying daily - but if the new law passes, I'm carrying on Day 1!
 

dmatting

Regular Member
Joined
May 25, 2011
Messages
444
Location
Durham, NC
Sorry you left the tarheel state....

handgunlaw.us is your friend...e.g. https://handgunlaw.us/states/texas.pdf
Yeah, bro - current Texas carry laws are disappointing, to say the least. However...

The Texas legislature just passed a bill yesterday (May 5, 2021) that will decriminalize open AND concealed carry without a license. If I'm not mistaken, all that is left is for the governor to sign it into law and it goes into effect on Sept 1. I'm going to have to comb through all the laws to make sure I don't go anywhere prohibited. But if passed, I'm back to everyday carry on Sept 1!

Looking forward to the reactions here in Austin...

Link: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1927
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,543
Location
Cincinnati, Ohio, USA
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 displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
Article I - Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
Someone please point me to a case that makes open carry without a license a crime. Based on Section 46.035 if you get a license you agreed to be regulated.

As to the Texas constitution "with a view to prevent crime" refers to dangerous weapons ( machine guns and sawed off shot guns). See Morrison v. State, 339 SW 2d 529 - Tex: Court of Criminal Appeals 1960.

Most gun rights advocates have no clue as to their rights. Making illogical argument in court will result in illogical holdings.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,785
Location
Granite State of Mind
Someone please point me to a case that makes open carry without a license a crime. Based on Section 46.035 if you get a license you agreed to be regulated.
The default in Texas is that carrying a handgun is prohibited. The law then creates some exceptions.

Penal Code 46.02 is what you're looking for.

"Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;"

 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,543
Location
Cincinnati, Ohio, USA
Just for starters, section 46.02 is unconstitutional because it prohibits an entire class of "arms" that Americans overwhelmingly have chosen for the lawful purpose of self-defense. And the handgun has not been classified as dangerous.
 
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