Should the Texas Legislature Pass a Law to Allow the Open Carrying of Firearms? (transplants, lawyers)

[sweat209]

Originally Posted by TexasReb

I am really still not sure exactly what you are saying/advancing. You posts do not seem to connect with one another as to the central point you are trying to make. If indeed there even is one at all. I don't mean to be sarcastic...but just not sure how all what you post even ties in with each other..

TexasReb the start of thread was can you open carry . I have said no you can not open carry in the city only if you are hunting and have permit .

I than said many times American Hogger open carry but they are hunting . I than said if they did that in city that is NOT legal.

I and majormadmax said you can only open carry if you hunting .If you or American Hogger ( any of them) did that in city they would get arrested.

Has I have said many times here and even majormadmax open carry is NOT legal it is only legal if you are hunting.

Some states do have laws where you can open carry but not in Texas.You can only open carry if you are hunting.

[TexasReb]

Originally Posted by sweat209

TexasReb the start of thread was can you open carry . I have said no you can not open carry in the city only if you are hunting and have permit .

I than said many times American Hogger open carry but they are hunting . I than said if they did that in city that is NOT legal.

I and majormadmax said you can only open carry if you hunting .If you or American Hogger ( any of them) did that in city they would get arrested.

Has I have said many times here and even majormadmax open carry is NOT legal it is only legal if you are hunting.

Some states do have laws where you can open carry but not in Texas.You can only open carry if you are hunting.

OK, Sweat. Have it your way. Maybe it is just me not understanding a damn thing you are saying, as per actually squaring with the the Penal Code (as has been pointed out earlier).

But to be fair? I will ask of our fellow Texas forum members. Here goes:

Does ANYBODY else out there understand what point "Sweat" is making and/or make sense of it? Or read it or connect the dots between them?

I swear, I swear, I really will admit I am wrong if I am missing something...

[majormadmax]

Honestly, I am somewhat confused myself...

The law doesn't specify being in an urban or rural environment, so I'm not sure what Sweat is talking about when it comes to being in the city.

Secondly, I am baffled at his reference to American Hoggers. That is a reality TV show about professional feral hog hunters, so under the Penal Code they can open carry while working.

There are other allowances in the Penal Code for open carry, but they don't apply to the majority of Texans.

HB700 was submitted this year in an attempt to allow CHL holders to open carry as well. That bill never left committee, thanks mostly to Joe Pickett who refused to bring it up for a vote.

So nothing has changed, concealed handgun licensed individuals can still conceal carry; and others can open carry under provisions allowed by Section §46.15 of the Texas Penal Code; specifically...

(4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;

Note that "other sporting activity" where "the weapon is a type commonly used in the activity" could also mean gun ranges, skeet shooting, etc.

And no, just because you are on private property does not mean you can open carry even with the owner's permission. As I already posted, PC §46.02 states it must be "on the person's own premises or premises under the person's control;" so unless it is your property, there must be circumstances under which the non-owner must have some authority over the property such as being a manager or security.

All of these sections of the Texas Penal Code are readily available via the Internet. For example, Section 46 can be found here and 30.06 here.

[slingshot]

I have heard that guns kill people. I have had guns of all kinds since I was 8 years old ( 70 yrs. old now) and not one of them has ever killed someone. Even when I'm not keeping and eye on them they just lay there quietly minding their own business. It's amazing.

[Cathy4017]

Originally Posted by slingshot

I have heard that guns kill people. I have had guns of all kinds since I was 8 years old ( 70 yrs. old now) and not one of them has ever killed someone. Even when I'm not keeping and eye on them they just lay there quietly minding their own business. It's amazing.

Too bad that certain bleeding-heart liberals aren't aware of same.......

[TexasReb]

=majormadmax;29537636]

And no, just because you are on private property does not mean you can open carry even with the owner's permission. As I already posted, PC §46.02 states it must be "on the person's own premises or premises under the person's control;" so unless it is your property, there must be circumstances under which the non-owner must have some authority over the property such as being a manager or security.

This is the only part of your earlier post that I would quibble with. Are you sure about this one? The way I have always understood the "premises under your control" interpretted is that owner permission is sufficient, whether it be employee (not necessarily manager) or just a customer dropping in and the said owner grants permission to let the person do so. And certainly of course, it would stand to reason (I would think), that whether someone is hunting, fishing, or engaged in any other activity aforementioned or not, that if a private land/homeowner gives permission for a visitor to openly carry, then it is protected under the "premises under control" aspect simply because the owner is granting such, in a sense.

It would seem what you are saying is that if I personally tell a visitor to my home and/or property, than he can wear his handgun openly while on it, that he could be subject to arrest? I just have a hard time with that one, unless I am misunderstanding something.

Admittedly, I don't know of any Texas court precedent case concerning this one. Do you perhaps know of one? It would be interesting to read.

[TexasReb]

Originally Posted by slingshot

I have heard that guns kill people. I have had guns of all kinds since I was 8 years old ( 70 yrs. old now) and not one of them has ever killed someone. Even when I'm not keeping and eye on them they just lay there quietly minding their own business. It's amazing.

I have noticed that too. I was beginning to think I was alone in this observation. Reckon it might be that some of us dicipline our firearms to behave better than other do?

Classic, by the way. Great post!

[slingshot]

Thanks yall. By the way, I'm a Texan too. La Grange is my hometown. I have noticed over the years that when trying to talk to a "bleeding heart liberal" sometimes you just have to take things down to the basics. They just don't understand. Never have and never will. Since this is a thread about guns I have to make a confession. My 12 ga. did actually kill two dogs, but I had to convince it that it was the right thing to do since they attacked my son and I when we were sitting quietly in a 'on the ground' deer stand. Otherwise it would have never made a peep.

[sweat209]

Originally Posted by TexasReb

OK, Sweat. Have it your way. Maybe it is just me not understanding a damn thing you are saying, as per actually squaring with the the Penal Code (as has been pointed out earlier).

But to be fair? I will ask of our fellow Texas forum members. Here goes:

Does ANYBODY else out there understand what point "Sweat" is making and/or make sense of it? Or read it or connect the dots between them?

I swear, I swear, I really will admit I am wrong if I am missing something...

Yes I know some times threads I make or threads I post in some times members have hard time understanding what I'm saying and some times I have hard time understanding what other people are saying.

I think the member who posted the Penal Code I did not fully understand what he or she was saying.

After reading some posts are all types of guns open carry is NOT legal or just hand guns when you are NOT hunting.

[slingshot]

But to be fair? I will ask of our fellow Texas forum members. Here goes:

Does ANYBODY else out there understand what point "Sweat" is making and/or make sense of it? Or read it or connect the dots between them? ...quote TexasReb.

Sorry, I cannot make heads or tails of 'Sweats' posts. I wish that I could because he does have something to say.