Texas Open Carry Law in Plain English -- Comments on the
Texas Open-Carry Changes -- Compete technical description of the
2- Talking Points for
legislators on 30-round magazines
3- Look and
...and may 2016 be everything you want it to
Texas Open Carry Bill HB
910 Effective January 1, 2016
Texas Open Carry Overview
After 20 years
(1995-2015) the familiar Texas Concealed Handgun License (CHL)
officially changes to a Texas License To
Carry or LTC -- because it now protects both discreet and open
carry of sidearms.
Bit by bit, the lost right to bear arms in
Texas is being restored -- at least for those with government carry papers
-- after decades of near-total infringement. Texas now has 826,000 license
holders, a source of pride to many, but it means 97% of all Texans' rights
remain infringed -- carry without papers remains banned in Texas. Still, it
is a step in the right direction, for the pro-rights side (the left
dislikes this liberty intensely).
As Texas joins the rest of
the nation in varying degrees of freedom to bear arms in public, I advise
caution while the kinks are worked out, authorities get used to the new
standards and procedures, social norms develop, shop keepers acclimatize,
the public gets used to the new normal of open carry, some bad apples test
the limits of endurance and civility (not recommended), and a few of you
become test cases to clarify the gray areas. Even here in Arizona where I
am, with free (paperless) open carry legal since statehood in 1912, there's
a little more to it than just putting on your boots.
best to avoid being a test case. The anti-rights advocates out there
and some authorities will be looking for the very worst examples to make
into test cases, to hurt our rights, make gun owners look bad in public,
and set precedents that limit exercise of the Second Amendment. They'll be
seeking to "prove" the BITS myth -- blood in the streets -- like they tried
in vain when CHL passed. Don't argue in public while
Especially in the early days of open carry, watch out for
each other and be on best behavior. We don't live in the same wild west any
longer. Belligerence or anything less than calm civilized behavior while
you're reasonably well dressed and carrying openly is an invitation for
scrutiny and attention you would do best to avoid. I'm being nice about
that (from a state that now enjoys full Constitutional Carry). Go slowly as
you test the waters.
Open carry has advantages, especially the
"inoculation effect" on the uninitiated, when they see reasonable people
going about business politely armed. Because you can switch over as
circumstance merits, your carry options grow. Criminals get the message,
and things get better (despite lunatic ravings... in the "news"
But if I'm open, I am constantly on alert for a grab
(exhausting), and I know I've given up tactical advantage, along with all
the chilling glances open carry attracts like super-conducting magnetism.
So I need a reason for it, like convenience on a range trip, or any of the
many open carry banquets ("tasteful open carry appreciated"), political
meetings and other events where it's the modern normal.
Gunburger -- coordinated meals out, arranged
periodically with like-minded people at gun-friendly restaurants work well,
and the joints love the revenue from good people. "Safest room in town."
Otherwise, discreet wins out usually. Why be a target, attract eyeballs and
It's a double-edged blade to be sure. Sure, while
it's new and you try it out, what an experience. Some acceptance, some
disapproval, some fearful departures from your sight, some high fives and
thumbs up, a woman clutches her child, talk about a conversation starter.
Trying to act natural around traffic cops even when you know you've done
nothing wrong... amplified ten times when you're both wearing loaded
guns... where do you put your hands... let's chat about it next time we're
-- Delete the word "concealed" in 60
places in 50 Texas gun laws. The round numbers are a coincidence. This has
the effect of changing "a license to carry a concealed handgun" to "a
license to carry a handgun," a simple, elegant way to revamp all the laws.
The list is in the statute itself: http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB00910F.htm
The actual changes,
in the order they appear in the bill, HB 910:
-- Statute GC
§411.188(b): The classroom portion of LTC classes, going forward, must
now teach: "use of restraint holsters and methods to ensure the secure
carrying of openly carried handguns." GC §411.190(b) gets a similar
change. Those terms are not defined, and DPS will no doubt develop
instructions about this for LTC trainers. Use of restraint holsters is not
required, just teaching about them. People with current licenses, which
become LTCs automatically, don't need to go back to class. New licensees
and renewals will get the additional instruction, and the look of new
licenses will change.
-- OC §1702.206(b): A personal
protection officer who is not in a security officer uniform must carry
concealed, and if in uniform must carry openly.
TRESPASS, AND KEEPING GUN CARRIERS
-- PC §30.05(f) It remains a defense to
prosecution -- not an exemption from law -- to be armed, openly or
discreetly even with a license, on someone's property where they ban gun
possession without consent and you fail to leave (trespass). What this
means is you can be charged with trespass while armed and get to defend
yourself in court. You can produce a valid license, the "defense to
prosecution," to get off (or suffer consequences).
When you are
carrying discreetly your risk is obviously reduced. If you are carrying
openly though, your exposure is evident, and you could be charged more
easily, and "tell it to the judge." An officer has no duty to resolve your
case for you, just to charge you. If asked to leave be smart and do
-- PC §30.06 is amended so armed trespass
with an LTC while concealed is a Class C misdemeanor with a maximum $200
fine, unless you refuse to leave when told orally, which makes it a Class A
misdemeanor, up to one year in jail and a $4,000 fine.
-- The PC
§30.06 concealed-carry trespass sign is amended so the sign or card
only applies to licensees carrying concealed (a new §30.07 sign covers
open carry). Because statute says the sign must be precise and it is now
slightly different, all existing signs are flawed (they do not give proper
notice), and so will have to be replaced if they are to ban LTC
-- A new section, PC §30.07, is added to introduce
trespass by people carrying openly, basically similar to concealed-carry
trespass. A §30.07 sign or card says:
-- "Pursuant to Section
30.07, Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411, Government
Code (handgun licensing law), may not enter this property with a handgun
that is carried openly"
-- Like the §30.06 sign, this must be
posted in contrasting colors, in block letters at least 1-inch high, in
English and Spanish, posted where it is clearly visible at each entrance.
Places that want to keep guns out must now post both §30.06 and
-- The rules for guns in places that serve
alcohol (the "51" signs) are not affected. If the place exceeds the 51%
alcohol revenue rule, no guns, if less, it's their option.
other states' experience is an example, you will see many signs spring up,
including many total bans, some encouraging armed patrons and some
welcoming concealed only. Similar to the change to discreet carry, trespass
by a licensee while openly carrying is a Class C misdemeanor with a maximum
$200 fine, unless you refuse to leave when told orally, which makes it a
Class A misdemeanor.
-- It is not a defense to
prosecution that you were properly carrying in a shoulder or belt holster.
The ban on carrying openly does not apply to property owned or leased by a
governmental entity if it is not a premises or other place on which the
license holder is prohibited from carrying the handgun under
§§46.03 or 46.035 (the long list of prohibited places, found on
pages 31-33 in The Texas Gun
What this means is government facilities,
as a general rule, are not off limits. Clarifying a confusing gray area, a
state attorney general's opinion declared that, when a court proceeding is
held in a government facility, only the court portion is off limits, not
the rest of the facility. Do yourself a favor and get The Texas Gun
so you have all the lists and details.
Get two copies with free
shipping! Save $5!
One for you, one for a friend or a gift.
-- So now that you're
carrying open: Do you know all the threatening, brandishing,
The Texas Gun Owner's Guide
§46.02(a-1) is amended, so the former offense of intentionally,
knowingly or recklessly carrying a handgun in plain view in a motor vehicle
or watercraft you own or have under your control, is eliminated -- if you
have an LTC and you are carrying in a shoulder or belt holster. In plain
English, a shoulder or belt holster makes fully or partially visible
handguns "vehicle legal" for land and water
-- The statute does not use the word or require
wearing the holster, and other parts of statute distinguish clearly
between having a handgun on or about you, or having one holstered. For
example, the law controlling guns in "bars" distinguishes between guns on
you, about you, concealed, and holstered two ways (PC §46.035(b)), and
the campus-carry ban also notes a difference: "regardless of whether the
handgun is holstered, on or about the license holder's person" (PC
The implication is strong: whether you wear the
holster or not, the law affects it while you possess it "on or about you,"
but the point could be adjudicated and very well may be. The person whose
name goes on that case will go through years of very expensive agony and
get indelible history, win or lose.
Some commenters have assumed
the holster is worn, and some officials appear to want it that way, a
conclusion not supported by the current language. The extra freedom of
having a holstered gun that isn't worn on your body proves valuable often,
especially on a day when you switch back and forth from open to discreet to
vehicle storage for entry into a place that denies your rights. That sort
of blatant civil-rights discrimination (denying entry) causes massive
screaming from the "news" media and outrageous protests from some segments
of society, but not for this specific, enumerated, fundamental
constitutional right to bear arms. Yet.
A holstered but carried
(non-worn) gun is common when bringing a firearm to a friend, the range,
for putting on later especially with clip-on holsters, or when transporting
more than a few firearms. This last point seems overlooked in the heady
buildup to Day One when people seem so eager and focused on trying out this
new fangled freedom. Even seatbelts interfere with wearing holsters, as
many Texans are about to find out, making clip-ons and paddle types on a
passenger seat more common (note to stores -- stock up!).
46.035 is amended, to provide an exception to the offense of (former CHL)
intentionally letting a handgun show in public, if the person is an LTC and
the firearm is in a shoulder or belt holster. Basically, you can carry
openly where you could formerly carry discreetly (watch out for specified
schools), but while you can carry discreetly in any manner (free of
holsters), open carry requires the shoulder or belt holster.
The uncomfortable wording here provides "an exception to the application"
of the offense, instead of properly eliminating the offense altogether.
It's a bald affront to the Second Amendment. Letting a gun show is not a
true crime. Banning that is infringement, and the responsible parties earn
punishment, not the public. Brandishing a gun intending to cause a negative
reaction ought to be chargeable. But if letting a gun show inadvertently
causes someone dread where none is actually warranted, remedial education,
or counseling for that person is always an option. Bearing arms is not some
right hidden in penumbras and emanations. Folks used to have such biased
reactions when people of color ate at lunch counters. It's time for such
prejudice to be recognized for what it is, and end.
-- (a-1) Also
in this section, we have the new offense of intentionally letting a
properly open carried firearm show at an institution of higher education or
private or independent institution of higher education, or on any public or
private driveway, street, sidewalk or walkway, parking lot, parking garage,
or other parking area of such a school.
This means these schools
will be concealed-only zones, when SB11 takes effect for campus carry on
Aug. 1, 2016 (for 4-year schools) and Aug. 1, 2017 (for 2-year schools)
under school rules that are still being worked out. Concealed carry remains
the rule on the ancillary areas around those schools, unless a school
activity is taking place there, according to a recent attorney general
1: So do you have to be actually wearing the shoulder
or belt holster to legally have a sidearm with you? Or can you just holster
it and make it openly legal? It's an obvious question for a test
case. If I was the judge and I wanted a protective approach to Texans'
precious right to arms, I would read the law precisely, and as long as that
gun was in anything that could remotely pass for a shoulder or belt
holster, even an ankle holster attached with a short belt, I would find it
perfectly legal anywhere in a vehicle or possessed, stop bothering these
good people officer. Next case. [I'm not a judge, this is not legal advice,
we're just citizens discussing an issue of common interest under the
protection of the First Amendment.]
On the other hand, if I hated
guns, thought all you rabble are too dangerous to have guns, and I know
better than you all, I would read the law precisely and know the
legislature clearly intended belt and shoulder holsters to be worn as belts
and on shoulders, so unless they were perfectly fitted through belt loops
with the latest best retention models as I judge them, you would be in
violation, bring in the next victim. This is called: "A nation of
2: The §46.02 Problem. Intentionally bearing a handgun
in public is currently illegal under Texas statute. The statute goes on to
provide a list of exceptions. An apparently direct violation of the U.S.
Constitution (which brooks no infringement), it is so ingrained in Texas it
is sometimes hardly noticed. Because your right to bear arms should be
inviolate under the U.S. Constitution, state law ought to go no further
than to outline and provide punishment for the crimes that can be committed
or enhanced with firearms, not outlaw the basic right and then carve out
exemptions. Too late.
This leads to the current problem with the
LTC law. The license gives you an exception to the crime, but anyone seeing
you openly armed can't tell by looking that you have the exception. By
appearance you're in violation. Sacre bleu! Sorry, press 1 for
English (I had this French girlfriend, it's a long story). Should LEOs
routinely stop folks on the street, ask everyone, no one, spot check,
profile the bubbas, look for probable cause, seek articulable suspicion...
should you wear your license in a plastic convention badge holder? Nah.
Police aren't sure how to handle this, and they are not
unified on the point. It's complicated. Look it up on line. I'm waiting to
see it how it comes out. Don't be the test case. But I repeat
This update will be available as an easy-to-print insert
for your copy of The Texas Gun Owner's Guidehttp://www.gunlaws.com/tgog.htm
in a few days, after comments come flooding in. Just reply to this
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ITEM: ARAB COOPERATION
Let us agree to stand with our Arab brothers and sisters in
Saudi Arabia, United Arab Emirates, Qatar, Kuwait and Bahrain, and implore
our Arabic-named president Barack Hussein-Obama for sympathy and to follow
their lead toward their fellow Arab refugees, for the same reasons the
Arabs intelligently express. They understand, and being so much closer to
the problem, are in the best position to judge and establish a rational
Arab nations refuse to accept any of these refugees due to the threat of
jihad they pose, what our media prefers to call terrorism. Perhaps
important, moving these
people halfway around the world at enormous expense to a totally alien
environment where not even the language, food, clothing, housing or customs
are familiar is cruel and unusual, and frankly,
The irony of governors using Executive Orders and Executive Action to halt
forced federal immigration, where the governors' powers are less than
explicit, is exquisite. Taking their examples from our own glorious leader,
it absolutely highlights the "news" media's hypocrisy and convulsions
-- having to denigrate these actions while championing Hussein-Obama's
identical approach. A joy to behold.
INCONVENIENT REFUGEE FACTS
Our super security
specialists assure us on the "news" Syrian refugees are vetted and
they're all clean, good to go.
That DOES NOT include the 400,000 (not 6,000) people sneaking into
America, unattended, across our southern border too. They tip the
ratio. (FULL STORY ran
in my last Page Nine)
Border Patrol has told the "news" media that
apprehensions are "Down" hooray we're winning, and the papers have
repeated that, no questions asked. BP still agrees for every 400,000
captures 400,000 get through (1 for 1). Critics say 800,000 get through
(2 for 1). Cynics say it's higher. Quien sabe.
Correction: My prior report said 6,000, the correct
number is 400,000+, from Border Patrol. My apologies for the error,
proving again, despite the rumors, I'm only human. Border Patrol
indicates those figures are from 2012 forward, with a 28% drop this fiscal
year, which would work out to "only" 288,000, if the drop trend
holds until year's end.
How does that stack up with the 100%
vetting success rate Jeh Johnson wants you to believe? 10,000 Syrians plus-or-minus 400,000 completely unknown,
who don't count.
Front cover of (our Arizona "state"
newspaper, aptly named), Nov. 28, 2015 "This is what a refugee looks
like" (pretty picture of nice family at home is
Only 2% are military aged men, we're
what refugees flooding into Europe from Syria really look like (not in
the newspaper, one of hundreds of images posted on the
Actual Reality SYRIAN REFUGEES ENTERING
They have no papers, no records, no cares about
your tired, your poor, your huddled masses, yearning for sharia
why no one trusts the "news" media any
like Christianity and Islam, and books like the Quoran and Das Kapital have
been responsible throughout history for more deaths and horror than all the
criminal and negligent gun problems America has ever seen. Yet no one would
suggest issuing permits for religion or writing. Why then can anyone
justify issuing permits for gun ownership, which like religion and the
press, is a fundamental right guaranteed by the Constitution? How can it
make sense to put that power in government hands, when governments kill
more people than any other force on Earth?
ANDERSON COOPER: Which enemy that you made
during your political career are you most proud of?
CLINTON: Well, in addition to the NRA, the health insurance companies, the
drug companies, the Iranians; probably the Republicans.
believe that Hillary is proud to call half of America her enemy? How does
she expect to lead our nation if she called its citizens her political
"gunman" = sexist, non-gender
neutral, offensive and demeaning to men and guns, only used by reporters
who are prejudiced seeking to denigrate firearms and lack respect or
ethical training. Accurate alternate: murderer, which includes the heinous
connotation of the reprehensible committed acts, and in no way glorifies or
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Just enough humor and irony
to keep this lighthearted.
know why Alan has such a
Source: U.S. Border Patrol. 486,651 in 2014, "but it's
down from last year" --and that's only the ones we
Page Nine correspondent C.D.T. wisely notes that
reductions in captures may only indicate reductions in enforcement. If
Border Patrol were to pack up and go home, he points out, captures
would drop to zero -- and "officials" would likely jump for joy, with
"news" media proclaiming that as victory!
100% non-muslim warriors? -- 2% males of fighting
government and their media lapdogs are lying to
you. Find the real Arab
30-ROUND MAGAZINE TALKING POINTS For Legislators
by Alan Korwin
asked me to prepare talking points refuting the arguments against 30-round
magazines; The Daily Caller has published my full list: depriving us of
gear as a way to stop murderers is misguided, puts you at risk, and is a
thinly disguised effort to get to zero-round magazines -- in the false
dangerous belief that disarming innocent people will finally disarm
Gun Myths Endlessly Adopted, Abandoned by
Left Perpetual effort to ban guns goes
from crazy to crazier
by Alan Korwin
The effort to come up with sane gun policy is hindered by a
flow of myths that arise and are abandoned, a function of left-wing fear
and ignorance, which needs to stop. Media eagerly backs each myth as if
it's real, then abandons it quickly when it's exposed as absurd, and
dutifully moves on to the next one. Remember "waiting periods," the
ultimate gun solution (for "crimes of passion")? One-gun-a-month? BITS --
"Blood In The Streets" if we allow CCW permits nationwide? It's a long
list, here's Part I.