To open carry or concealed carry. That is the question.
- Thread starter 2GunCorcoran
- Start date
The law is unambiguous. Unintentional printing is not an offense.
I have NO idea where so many people have gotten the idea that unintentional printing can get you in trouble in TX. Not only is the law clear, I can't recall every having heard of an instance of a TX CHL holder being cited or even hassled by LE for printing.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm
Texas Penal Code
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.
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.
Whoever gave you that "information" is badly misinformed.
It is absolutely illegal (not just technically illegal) to OC anywhere in TX except in very limited instances**. That has been true for well over a century as nearly as I can tell.
The CHL bill had ZERO effect on the legality (illegality, if you prefer) of OC, its only effect was to legalize CC for license holders. Prior to the CHL bill, there was no legal distinction between OC and CC in the law. The crime was carrying a handgun (an illegal weapon per the TX Penal Code) and it was illegal regardless of how the handgun was carried (openly or concealed) except in very limited instances**.
There are no places where you can legally OC in TX except on private property with the permission of the owner or in other very limited instances, namely, being engaged in **"lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or <being> en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity". (From the TX Penal Code, Sec . 46.15. NONAPPLICABILITY.)
FireForged
New member
nope...nope... I am not gonna get suckered into another one of these threads. no no I wont.
230therapy
New member
Doesn't happen. The opposite happens: crime goes away or at least waits until the people open carrying go away.
That said, the prudent man plans ahead and uses a retention holster. A concealed backup gun is always a good idea.
RE: California carry ban
There is no right to keep and bear arms in California's constitution. The ban was implemented because the legislature is confident that they can get away with it. They didn't like that someone was carrying a gun despite their silly laws. California gun owners are not going to solve the problem.
In California? Never. This is why the legislature feels confident it can do anything it wants and Californians will just accept it.
Before the teeth gnashing and whining starts: go read the words of Thomas Jefferson and others. They were far more explicit about what needs to be done based upon the conditions of TODAY.
Does anyone here believe Jefferson would have sat around and allowed the people who National Defense Authorization Act to live without fear?
Ever been to Texas?
The boy had a point. It's kind of like the law that bans the discharge of firearms in city limits. The governor shot a coyote whilst out jogging within Austin city limits, allegedly to protect his dog. He admitted he used a P3AT.
I love locker-room lawyers.
+1 to JohnSKa post.
Google some instances where criminals have attempted to or have gotten an LEO's weapon.
If a desperate criminal is willing to jump on a cop for his/her weapon what makes you think he wouldn't jump on a non LEO citizen.
Here's a scenario to think about. You and I are standing next to each other, you are CC'ing, I'm OC'ing. A couple desperate BG's want a gun real bad, who are they going to jump on.
Saying "IT DOESN'T HAPPEN" is just not a wise assumption to make.
Google some instances where criminals have attempted to or have gotten an LEO's weapon.
If a desperate criminal is willing to jump on a cop for his/her weapon what makes you think he wouldn't jump on a non LEO citizen.
Here's a scenario to think about. You and I are standing next to each other, you are CC'ing, I'm OC'ing. A couple desperate BG's want a gun real bad, who are they going to jump on.
Saying "IT DOESN'T HAPPEN" is just not a wise assumption to make.
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ak2323,
I wasn't trying to be a locker room lawyer. I didn't know about the law in Texas and from reading this thread it wasn't clear to me until JohnSKa post as to whether it was legal in some parts and not in others.
My 'LET IT BE KNOWN' comment was just in good humor.
Yes, I have been to Texas a time or ten.
Also:
Was the governor OC'ing or CC'ing his P3AT?
Too, does the Austin city limit ban the use of weapons for SD purposes for your dog against yotes?
I wasn't trying to be a locker room lawyer. I didn't know about the law in Texas and from reading this thread it wasn't clear to me until JohnSKa post as to whether it was legal in some parts and not in others.
My 'LET IT BE KNOWN' comment was just in good humor.
Yes, I have been to Texas a time or ten.
Also:
Was the governor OC'ing or CC'ing his P3AT?
Too, does the Austin city limit ban the use of weapons for SD purposes for your dog against yotes?
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I should quote statute but I won't for now. SD is strictly defined in TX and, please correct me if I wrong, it doesn't cover shooting coyotes in city limits unless you can make the case that you were in fear for your own or another human life...
IMHO the fact this never got to a grand jury was...unusual.
Even if we were to accept this statement as accurate for the sake of argument, it would only prove that there are variances in enforcement of the law--something that might reasonably be expected over an area as large and diverse as TX. It doesn't prove anything about the legality of Perry's actions or of the legality of OC in TX.
OC is clearly against the law everywhere in TX. Are there TX LEOs who might look the other way? It's likely. Might that attitude be more prevalent in some areas? Quite possibly. But if one were cited, one would have no way to claim justification or exemption unless the limited circumstances I listed earlier applied.
For what it's worth, TX state law doesn't cover discharge of firearms in city limits, that's an issue addressed by municipal or county ordinances. State law does provide an exemption for discharging a firearm "in a public place" when there's a reasonable concern about an attack by "dangerous wild animals", a definition which includes coyotes.
Given that TX state law provides the exemption, it would not be legal, in my opinion, for a county or municipal ordinance to criminalize such an action due to the state preemption law applying to firearms.
We've had constitutional CC since 2004. Open carry has always been legal.
Bars, courthouses, womens shelters, secondary school grounds are off limits (need to fix that one), persons carrying concealed have a duty to inform upon official contact by LE.
I only open carry when I'm engaged in some sort of outdoor activity. Otherwise I carry concealed and even when open carrying chances are I still have an anti-personnel device hidden on me IWB.
TexasJustice7
New member
In regards to the other poster from Texas which you addressed, perhaps he lives in Austin. I have heard it is somewhat unfriendly toward cwp carry people. Don't have any personal knowledge of it. When I first carried I worried about the bulge of my CA 44 in a paddle holster. My brother who is in law enforcement said you can see the imprint of a woman's breast, that does not mean it is visible, and that it is intentional unconcealment that is a problem. Open carry would remove any problems in the area of unconcealment that came up, but I would not open carry myself.
Thanks again John for the legal clarifications.
I've never OC'd while in Texas but it's wise to know the letter of the law in case one had a mind to. Rolling the dice and hoping illegal OC would be overlooked, IMO, just wouldn't be worth the possible ramifications if the LEO would chose to push the issue.
Also, wouldn't it be fair to say that if a person were OC'ing for SD purposes only, anywhere in Texas, even in a town/area where it has a tendency to be overlooked and got into a SD situation in which he/she had to use their OC'd weapon, wouldn't that be another area the OC'er would have worry about when they went to court to defend their SD actions?
If so, IMO, I just wouldn't want to give some slimeball's defense att'y any ammo and you could be for certain the slimeballs att'y would point out the fact I was breaking the law OC'ing and shouldn't have had a gun in the first place cause I wasn't responsible enough to follow the laws of owning a gun. Let alone carrying one in public.
In short, if you carry a gun for SD in public and have to use it in a SD situation, when you get to court over the incident, you better have all your I's dotted and T's crossed, and that includes your LEGAL mode of carry.
The Judge your standing in front of may not 'overlook' the law like your local LE may and you can be certain the slimeballs att'y won't.
I've never OC'd while in Texas but it's wise to know the letter of the law in case one had a mind to. Rolling the dice and hoping illegal OC would be overlooked, IMO, just wouldn't be worth the possible ramifications if the LEO would chose to push the issue.
Also, wouldn't it be fair to say that if a person were OC'ing for SD purposes only, anywhere in Texas, even in a town/area where it has a tendency to be overlooked and got into a SD situation in which he/she had to use their OC'd weapon, wouldn't that be another area the OC'er would have worry about when they went to court to defend their SD actions?
If so, IMO, I just wouldn't want to give some slimeball's defense att'y any ammo and you could be for certain the slimeballs att'y would point out the fact I was breaking the law OC'ing and shouldn't have had a gun in the first place cause I wasn't responsible enough to follow the laws of owning a gun. Let alone carrying one in public.
In short, if you carry a gun for SD in public and have to use it in a SD situation, when you get to court over the incident, you better have all your I's dotted and T's crossed, and that includes your LEGAL mode of carry.
The Judge your standing in front of may not 'overlook' the law like your local LE may and you can be certain the slimeballs att'y won't.
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Gun does no good in the glove box while you are out of the vehicle. If Texas is anything like FLA carry a gun concealed with no permit FELONY. If you are caught charged with a felony convicted all the guns go by-by. Don't get the permit, go to jail, do not pass go, do not own firearms legally forever more.
the only sarge
Inactive
Here in Texas. I open carried as a youngster. Going into town to pick stuff up for my Dad. Also had a rifle in a rack in the back of the truck. Not 2 legged critters we carried for then. Was no big deal.
Today I conceal carry in town/public. I much prefer it. I am secure in my safety. I do not advertise I am armed and I feel I have the advantage there. So if Open Carry was legal here I would still CC. I occasionally open carry here on the ranch. Mainly during spring when snakes are waking up. I also open carry at the office depending on what holster setup I have that day.
I find the entire thing (open carry issue) silly here in Texas. I can walk down Main Street with a fully loaded AK47 over my shoulder and am perfectly legal. Open carry a .22 pistol and I am a felon. Silly aint it?
Today I conceal carry in town/public. I much prefer it. I am secure in my safety. I do not advertise I am armed and I feel I have the advantage there. So if Open Carry was legal here I would still CC. I occasionally open carry here on the ranch. Mainly during spring when snakes are waking up. I also open carry at the office depending on what holster setup I have that day.
I find the entire thing (open carry issue) silly here in Texas. I can walk down Main Street with a fully loaded AK47 over my shoulder and am perfectly legal. Open carry a .22 pistol and I am a felon. Silly aint it?