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New Petition for State wide open carry

Aj Weaver

Regular Member
Joined
Mar 1, 2012
Messages
19
Location
Little Elm, Tx
I have been in contact with several state officials, because the petition that is linked to the main page of Opencarry.org lists everybody as not a resident of Texas they will not accept it. So I have stated a new petition that is for Texas residents only and shows what county that reside in. With enough support I may be able to get this ball rolling.

Here is a link to the new petition.

http://www.ipetitions.com/petition/texas_open_carry/

we also have a facebook page

https://www.facebook.com/pages/Texans-for-open-Carry/226513467444388

As we move forward I will keep you all informed.

Aj
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
It is definitely time to begin thinking about strategy for the 2013 Legislative session. Republican members of the Homeland Security & Public Safety Committee were generally receptive and supportive of the bill introduced by Rep George Lavender in 2011.

One problem that will again come up in 2013 and must be addressed is the sentiment that any "open carry" bills will jeopardize the concealed carry on campus bills. Therefore the less attention any open carry bill gets - the better.

I recommend a bill simply amending Section 46.035 to either repeal paragraph (a) altogether - OR ....

(if necessary to obtain passage) amend 46.035(a) to read "while carrying under the authority of Subchapter 411, Chapter H of the Government Code (CHL) knowingly, intentionally, and recklessly displays a concealed handgun publicly in a manner in which any reasonable person would feel threatened.."(in other words be polite, keep it in the holster, and behave one's self) (Repeal of 46.15a is of course preferable to entertaining debate over that mouthful of legal mumbo-jumbo)

THAT Section (46.035a) is the statutory provision that establishes "open carry" in the public square while carrying a handgun under the authority of the CHL as a CRIMINAL OFFENSE. THAT - is the immediate problem in Texas. Do not allow yourselves to get bogged down in a complicated "house-cleaning" measure to cross every "t", and dot every "i" within the Texas' statutes.

I realize some sincerely motivated folks in Texas think the issue requires a touch of "perfection" in order to harmonize every statutory reference to handgun - particularly the perceived 36.01 signage problem. What happened last session ? There was a "dust-up" with folks over at the Texas CHL forum- who incidentally are not against repeal , or constitutional clarification of 46.035(a), but they did not want the 36.01 issue "messed with". So......don't mess with it - just seek repeal - or a constitutional clarification of 46.035(a) -period.
 
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Aj Weaver

Regular Member
Joined
Mar 1, 2012
Messages
19
Location
Little Elm, Tx
Intrest

I have spoken to several members of the house and they are interested. The problem is getting the support. I have one Rep who will be a freshman this year and one who this will be his second term. If I can generate enough support then they will make it happen. The problem with the old petition is it lists everybody as out of state.
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
Contact Representative George Lavender. He may already have a bill prepared. Pending re-election is no excuse to sit on hands until November. I suspect TSRA also is addressing a bill - and Texans would do well to work together this go-around.

Whatever compromise measure can be agreed upon - removing the "criminal offense" for lawful display of a holstered handgun is a must.
 

Aj Weaver

Regular Member
Joined
Mar 1, 2012
Messages
19
Location
Little Elm, Tx
I will check with him. I have spoken with the TSRA and this is not a big issue for them. They are more worried about "Campus Carry". Pat Fallon is going to be the Representative for my district and he has assured me that he is will help us with this issue. Unfortunately the members of the house can't accomplish much because the house doesn't meet again until 2013.
 

()pen(arry

Regular Member
Joined
Nov 15, 2010
Messages
735
Location
Seattle, WA; escaped from 18 years in TX
I guess the tone of this thread just kinda struck me as, "Hey, I've got an idea! No one's tried to get OC passed in Texas, recently, so let's start learning what we have to do to make it happen!" Maybe I'm just reading things wrong.

Aj Weaver, I recommend you read the entirety of this thread (and the other related threads leading up to the 2011 Texas Legislature), if you haven't already. It will give you lots of background on the efforts recently made, in large part by members of this forum, particularly pooley. After you've got all of that background, I suggest you contact the Lone Star Citizen's Defense League to see how you might be able to coordinate efforts with them. Certainly, no one is obliged to coordinate with anyone, but it's usually best to try to pool your efforts with those of people who have already been doing this stuff for quite some time. That you aren't aware of it doesn't mean it isn't already happening ;)

I still find it quite odd to refer to someone "who will be a freshman [Texas Representative] this year". Assuming an incumbent will be re-elected? Okay, sure. Someone who hasn't even been elected in the first place, though? Seems rather optimistic to me :)
 
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Aj Weaver

Regular Member
Joined
Mar 1, 2012
Messages
19
Location
Little Elm, Tx
I still find it quite odd to refer to someone "who will be a freshman [Texas Representative said:
this year". Assuming an incumbent will be re-elected? Okay, sure. Someone who hasn't even been elected in the first place, though? Seems rather optimistic to me :)
He is running in a "New District" and the only other person running for the position doesn't have a chance of winning... But I do understand the confusion. It's a strange situation. The Denton/Collin county Districts are getting messed with this election so it's all strange...

I have been looking into what they are doing with HB2756 (open Carry for those with a Concealed carry permit) is nice I was going for more of an unlicensed carry. I have seen how well it can work. In addition to seeing it work well I think that it is redundant to do a background check so that some one can openly carry a firearm when we all ready do a background check on the person to purchase it.

As far as my argument for unlicensed open carry, The First amendment gives people the freedom of speech, there is no training requirement to exercise this freedom. However we do hold people responsible for the words that they say publicly. This is how it should be with firearms.
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
The major obstacle to " unlicensed " public open carry of a handgun in Texas is Section 46.02(a) of the Penal Code that establishes the "criminal offense" of carrying a handgun on, or about one's person outside of certain specific circumstances. Sec. 46.02 (a) should read "concealed handgun ", but until it is amended, or interpreted by Texas courts to so read- licensed concealed/ open carry appears to be the straightest, and shortest path to OC in Texas.
 
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Aj Weaver

Regular Member
Joined
Mar 1, 2012
Messages
19
Location
Little Elm, Tx
The major obstacle to " unlicensed " public open carry of a handgun in Texas is Section 46.02(a) of the Penal Code that establishes the "criminal offense" of carrying a handgun on, or about one's person outside of certain specific circumstances. Sec. 46.02 (a) should read "concealed handgun ", but until it is amended, or interpreted by Texas courts to so read- licensed concealed/ open carry appears to be the straightest, and shortest path to OC in Texas.
That is a great point and now I have a easier avenue of approach on the law... THANK YOU!!!
 

()pen(arry

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Nov 15, 2010
Messages
735
Location
Seattle, WA; escaped from 18 years in TX
He is running in a "New District" and the only other person running for the position doesn't have a chance of winning...
I assume you're talking about the new House District 106 and Tan Parker (incumbent representative of current House District 63). Is an incumbent representative who has to change districts due to redistricting considered a "freshman" if they win reelection? I happen to know Rodney Caston, the LP candidate, personally. I expect Parker will win.

While it's great that Parker voted against Joe Straus for Speaker, I have no reason to suppose that his motivations included 2A issues. I can't find any occurrence of the words "gun" or "firearm", or any discussion of the 2nd amendment or gun rights, on his official website. Really, all his site talks about is anti-immigration policies and lower taxes (primarily for special interest groups). He talks an awful lot about states rights, but I can't find a single clear assertion of individual rights. While I'll acknowledge that his official website may just not convey his principles very well, from the information I have available, he seems like little more than Yet Another Republican. If that's the case, don't expect any more than lip service paid in support of improving protection of gun rights in Texas from him. A lot of Republican Representatives said they'd support open carry legislation in 2011. A number not too different from zero actually did.

When he does more than issue a yes-or-it-looks-bad vote on a motion to report an open carry bill out of committee, I'll think about considering him to be pro-2A. Actually, do we have any documented proof that he did, in fact, vote yes on that? It seems obvious that, since he's on that committee, he would have voted yes, but the vote was 5-3, and I can't find record of the individual votes.

P.S. I'm aware that HB 2756 never made it to general debate. I'm also aware of what was considered higher priority (yes, I know Joe Straus controls the schedule). My conclusion is that Republican priorities are jacked to hell, and I don't expect them, as a group, to give two turds about individual liberty, since it doesn't make for tasty campaign donations.

P.P.S. I'm further aware that, three sessions ago, Tan Parker voted in favor of the use of deadly force in self defense. Also an "of course" vote, in my book.
 

Aj Weaver

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Joined
Mar 1, 2012
Messages
19
Location
Little Elm, Tx
I assume you're talking about the new House District 106 and Tan Parker (incumbent representative of current House District 63).
I am talking about District 106 (or possible 88). The only two people running in District 106 are Pat Fallon and Amber Fulton. Pat Fallon has a major lead in the district and it appears that he will run unopposed in the General Election. So he will more than likely be the Representative for District 106. As far as Tan Parker his will be the Dis 63 Rep.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,710
Location
Fairfax County, Virginia, USA
I have been in contact with several state officials, because the petition that is linked to the main page of Opencarry.org lists everybody as not a resident of Texas they will not accept it.
The online petition is a publicity tool and tool to get folks email addresses for alerts - the "officials" do not have to "accept" anything - the petition is not a legal instrument in any way - it is a merely way to generate interest and build support. Kepp spreading the word in Texas to sign the exisiting petition - http://www.petitiononline.com/texasoc/petition.html

OCDO spent tens of thousands on this project several years ago - we are ready to reengage once Oklahoma passes open carry - that should be very soon:)
 

()pen(arry

Regular Member
Joined
Nov 15, 2010
Messages
735
Location
Seattle, WA; escaped from 18 years in TX
I am talking about District 106 (or possible 88). The only two people running in District 106 are Pat Fallon and Amber Fulton. Pat Fallon has a major lead in the district and it appears that he will run unopposed in the General Election. So he will more than likely be the Representative for District 106. As far as Tan Parker his will be the Dis 63 Rep.
Ahh. I had a hard time (in the short time I had) finding reliable information on who is running where. I still haven't found official state information on registered candidates by district. Anyone have that handy?
 

Aj Weaver

Regular Member
Joined
Mar 1, 2012
Messages
19
Location
Little Elm, Tx
Mike the problem is that as far as the Politicians are concerned there is NO support from Texas... The Petition on the main page does have 75K sigs but they ALL say that the signer is NOT a Texas resident and Not registered to Vote in Texas. How as a Texan does that Help us?

I am not running a Scam to get peoples E-mails... I am not putting their E-mail address on Anything. I am just trying to get this moving and the politicians I spoke to wanted something from Texans not from out of staters.
 
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