Texas Open Carry Info Trifold/Brochure

[nonameisgood]

I'm going to have to delve deeper into the whole issue. Apparently there's also a small hand full of "state parks" where firearms are not allowed either such as Aransas Pass.

They could restrict hunting arms but I don't think they can prohibit handguns carried under a CHL.
I was duck hunting with a guide who was being harassed by the local game warden. He would not let anyone have a pistol or rifle (even though pig was in season and available where we were hunting) because of the restriction on having lead shot when hunting waterfowl. Seems that he also may have been guiding on public land when and where it was prohibited to do so- but I didn't know that until after the sun was up and the Ducks were dead.


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[Glockster]

I'm going to have to delve deeper into the whole issue. Apparently there's also a small hand full of "state parks" where firearms are not allowed either such as Aransas Pass.

Licensed handgun carry of both CC and OC is legal in all Texas state parks. I posted an excerpt from their policy document here: http://forum.opencarry.org/forums/showthread.php?131822-Texas-State-Park-OC. My post was mostly about their volunteer policy, which still allows volunteers to CC but you cannot OC when on the clock.

 

[nonameisgood]

Licensed handgun carry of both CC and OC is legal in all Texas state parks. I posted an excerpt from their policy document here: http://forum.opencarry.org/forums/showthread.php?131822-Texas-State-Park-OC. My post was mostly about their volunteer policy, which still allows volunteers to CC but you cannot OC when on the clock.

I think you meant "will be legal after Jan 1", don't get ahead of the calendar.
As the "employer" of the volunteers, TPWD does what I've never heard a large employer say, namely that CC was ok and is not discouraged. Good on them.


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[qednick]

OK so I found the site where I got that info. Though it says "certain state owned land" rather than state parks:

http://smartgunlaws.org/other-location-restrictions-in-texas/

It's footnote #4

 

[Grapeshot]

OK so I found the site where I got that info. Though it says "certain state owned land" rather than state parks:

http://smartgunlaws.org/other-location-restrictions-in-texas/

It's footnote #4

Your link goes to the Law Center to Prevent Gun Violence = an anti site, which only tells part of the story.

Further investigation shows that they are only a little bit right and a lot wrong.

(d) Section 62.081 does not apply to:

(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2.12, Code of Criminal Procedure; or
(4) a person who:
(A) possesses a handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; or

(B) under circumstances in which the person would be justified in the use of deadly force under Chapter 9, Penal Code, shoots a handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code.

Text of subsection effective until January 01, 2016

(e) A state agency, including the department, the Department of Public Safety, and the Lower Colorado River Authority, may not adopt a rule that prohibits a person who possesses a license issued under Subchapter H, Chapter 411, Government Code, from entering or crossing the land of the Lower Colorado River Authority while:
(1) possessing a concealed handgun; or
(2) under circumstances in which the person would be justified in the use of deadly force under Chapter 9, Penal Code, shooting a handgun.
http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.62.htm#62.082


I have not checked out the rest of the #4 footnote references - be my guest. Suspect they will be similar.

 

[qednick]

Thanks Grapeshot. I was trying to assimilate info from several places. Never even really specifically paid attention to who owned/ran the sites when I saw that about state owned land. Either way, I don't think we need include it in the trifold.

 

[Grapeshot]

Thanks Grapeshot. I was trying to assimilate info from several places. Never even really specifically paid attention to who owned/ran the sites when I saw that about state owned land. Either way, I don't think we need include it in the trifold.

Understood.


I've always wondered why "understood" indicated knowledge received, rather than a shortfall of such.

Think that "overstood" would be a more definitive word appropriate for agreement.

You overstand what I mean?

 

[qednick]

Understood.

You overstand what I mean?

Haha totally!

 

[sixer-sxt]

A very good attempt, qednick, and other than the obligatory "IANAL" disclaimer on the front, it seems fairly complete.

I do have one suggestion, that you review the terms of alcohol and carrying. This is a hot topic of many Texas forums, and it seems there is no slowing down of this myth - largely due to a lack of education of many instructors. "I'm a COP, and if I so much as see you with a beer in your hand, I'm ARRESTING YOU!!" - seems to be a common mantra. But it is not illegal to carry and drink alcohol.

You are indeed correct that it is illegal to be intoxicated and conceal carry, but as per PC 46.035 - only while carrying under the authority of H/411/GC. On your own property? Sure. With a rifle? No worries. Not smart, but not illegal. I'm not sure that having a firearm while intoxicated is illegal in any other situation - please, please, please correct me if I'm wrong on that one, anybody.

45. What does Texas law state regarding carrying a handgun while intoxicated?


§46.035, Texas Penal Code states that it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body; or having an alcohol concentration of .08 or more.

In the end, the rules for intoxication while carrying are the same as for intoxication while driving. Anything more stringent is your choice, and I can't fault you on that - just want sure we're not selling ourselves short. And for the sake of brevity, I understand that simple statements, at risk of being too restrictive, are better for a small brochure as this. The decision to revise is yours.

It might be good to put a link to the TABC search site for 51% locations as well.

As Grapeshot demonstrated, take anything printed by the Law Center to Prevent Gun Violence with a glass rim of salt. And a margarita...

Congrats - this thread was what motivated me to move from 'long time lurker' to 'Newbie'.

 

[Grapeshot]

Welcome to our merry band sixer-sxt.

Saddle up cowboy, we ride!

 

[qednick]

A very good attempt, qednick, and other than the obligatory "IANAL" disclaimer on the front, it seems fairly complete.

I do have one suggestion, that you review the terms of alcohol and carrying. This is a hot topic of many Texas forums, and it seems there is no slowing down of this myth - largely due to a lack of education of many instructors. "I'm a COP, and if I so much as see you with a beer in your hand, I'm ARRESTING YOU!!" - seems to be a common mantra. But it is not illegal to carry and drink alcohol.

You are indeed correct that it is illegal to be intoxicated and conceal carry, but as per PC 46.035 - only while carrying under the authority of H/411/GC. On your own property? Sure. With a rifle? No worries. Not smart, but not illegal. I'm not sure that having a firearm while intoxicated is illegal in any other situation - please, please, please correct me if I'm wrong on that one, anybody.



In the end, the rules for intoxication while carrying are the same as for intoxication while driving. Anything more stringent is your choice, and I can't fault you on that - just want sure we're not selling ourselves short. And for the sake of brevity, I understand that simple statements, at risk of being too restrictive, are better for a small brochure as this. The decision to revise is yours.

It might be good to put a link to the TABC search site for 51% locations as well.

As Grapeshot demonstrated, take anything printed by the Law Center to Prevent Gun Violence with a glass rim of salt. And a margarita...

Congrats - this thread was what motivated me to move from 'long time lurker' to 'Newbie'.

Welcome sixer-sxt! And thanks for the suggestions!

First, I think some kind of disclaimer is a great idea--just to be safe!

On the alcohol thing: you are technically correct. However, I'm thinking it may be best to err on the side of caution with this one--especially since OC is going to be so "new" here in TX. I would hate for someone to go into a restaurant OC'ing, sit at the bar and start guzzling down a 22 ouncer of Stella Artois and folks start calling in DMWAGs (Drunk Man with a Gun). That is, of course, just my personal opinion. Anybody else is welcome to chime in here with their thoughts on this?

 

[Stryker]

My occasional libertarian leanings prompt me to suggest a simple statement: It is not illegal to drink alcohol while carrying, but being intoxicated is per <insert citation>.

Unless Texas has a higher open carry rate than the rest of the states, the sight of open carriers will always be new to the sheeple. The sight of an over-advertized, over-sized, over-rated beer guzzled by one of us will always raise eyebrows.

 

[stealthyeliminator]

I don't think it's best to err at all on something like this, just be as vague as necessary for what is correct to be within the spectrum, as you did with the prohibited places Just say "Carrying while intoxicated is prohibited" If they want to know what constitutes "intoxicated," they should consult with a lawyer.

 

[qednick]

Thanks fellas for all the suggestions and the ones I got through PM/email. I've got some rush jobs to get out before Christmas but I'm going to try and make more edits today and upload an updated version. I'd like to get this nailed down to everyone's satisfaction prior to unicorn season (ie. Jan 1st).

 

[qednick]

Just uploaded a revised version to post #1. Quite a few changes and added disclaimer on front cover.

 

[MSG Laigaie]

.............. It is not illegal to drink alcohol while carrying, but being intoxicated is....

Unless Texas has a higher open carry rate than the rest of the states, the sight of open carriers will always be new to the sheeple. The sight of an over-advertized, over-sized, over-rated beer guzzled by one of us will always raise eyebrows.

My friend, it will amaze you as to how smoothly this will go. OC will not explode upon the Streets of Texas. It will creep, slowly, into everyday lives. No more need for mass, in your face, rallies. Now it will be, get up in the morn.....put on your gun....take it off when you go to bed. Unless you have a thing about that, but that is another thread.

Most people will not notice a well holstered pistol. I have engaged people in conversation for twenty-five minutes before they noticed I was armed. Others who have been OCing for many years have had similar experiences.

The people you interact with, on a daily/weekly basis know you for who you are. You did not scare them before and they will not be afraid of you now. You may even, as an ambassador of OC, bring a few over from the "dark side". You will be truly amazed at how many people will support you.

OC in Texas...coming to a holster near you!!

 

[qednick]

My friend, it will amaze you as to how smoothly this will go. OC will not explode upon the Streets of Texas. It will creep, slowly, into everyday lives. No more need for mass, in your face, rallies. Now it will be, get up in the morn.....put on your gun....take it off when you go to bed. Unless you have a thing about that, but that is another thread.

Most people will not notice a well holstered pistol. I have engaged people in conversation for twenty-five minutes before they noticed I was armed. Others who have been OCing for many years have had similar experiences.

The people you interact with, on a daily/weekly basis know you for who you are. You did not scare them before and they will not be afraid of you now. You may even, as an ambassador of OC, bring a few over from the "dark side". You will be truly amazed at how many people will support you.

OC in Texas...coming to a holster near you!!

I hear ya!! And very true about most folks not noticing. Drove all the way from Vegas to the TX border with my mother in the car (which included stopping at restaurants, motels, etc.) when she asked if I had a gun in the car. I said "mom, I've got one right here on my hip" then she finally noticed it (the Sig P220 BTW--not a small handgun) and said she assumed it was a cell phone or something!

 

[stealthyeliminator]

Thanks for putting this together and taking everyone's input, good sir!

 

[qednick]

Thanks for putting this together and taking everyone's input, good sir!

You're very welcome brother!

 

[zekester]

Have said it many times!!!

Love the fact that we have OC with restrictions, but the .08 is a problem with me.

It basically says that if you have a beer over the limit you are not within the LAW to defend yourself.

As I have said many times on this forum....there should be a section which reads..... "Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense."


I can be "legally" intoxicated and the gun in my holster is not going to jump out and shoot someone..

As "sixer" says....It does not distinguish between public and private property.

A very good attempt, qednick, and other than the obligatory "IANAL" disclaimer on the front, it seems fairly complete.

I do have one suggestion, that you review the terms of alcohol and carrying. This is a hot topic of many Texas forums, and it seems there is no slowing down of this myth - largely due to a lack of education of many instructors. "I'm a COP, and if I so much as see you with a beer in your hand, I'm ARRESTING YOU!!" - seems to be a common mantra. But it is not illegal to carry and drink alcohol.

You are indeed correct that it is illegal to be intoxicated and conceal carry, but as per PC 46.035 - only while carrying under the authority of H/411/GC. On your own property? Sure. With a rifle? No worries. Not smart, but not illegal. I'm not sure that having a firearm while intoxicated is illegal in any other situation - please, please, please correct me if I'm wrong on that one, anybody.



In the end, the rules for intoxication while carrying are the same as for intoxication while driving. Anything more stringent is your choice, and I can't fault you on that - just want sure we're not selling ourselves short. And for the sake of brevity, I understand that simple statements, at risk of being too restrictive, are better for a small brochure as this. The decision to revise is yours.

It might be good to put a link to the TABC search site for 51% locations as well.

As Grapeshot demonstrated, take anything printed by the Law Center to Prevent Gun Violence with a glass rim of salt. And a margarita...

Congrats - this thread was what motivated me to move from 'long time lurker' to 'Newbie'.