Open Carry

[Machx2]

I would not be against laws treating people who jump a person carrying concealed or open to be the same as jumping a LEO. Don't have to call it the samething..

In the end, my opinion is some of y'all are sounding borderline liberal on this topic. You have valid points, but generally dismiss counter-arguments that are valid. I'd call it straight up a liberal point of view, but you do actually have valid points - which is not typical of a liberal that I've seen.

I think the laws should be the same with someone carrying a firearm. I am conservative, as I just don't care either way because it doesn't affect me. That is as conservative as it gets. Am I right? Lol

[CJ]

he didnt say display, he said conceled.

State law doesn't consider a long gun concealable so there doesn't appear to be any laws for it. Like I said before it's pretty clear this would be a problematic situation. A CHL does not allow you to conceal a long gun, it specifies only handguns. So now you're into the gray area of can you conceal a long gun, well you can conceal a fucking rocket launcher if you want as long as no one sees it you'll never get in a situation to prove if you can or can't. But, if someone sees it you fall under the above clause - disorderly conduct. So essentially the only time this would really come into play is if you have a HK91 under your trench coat, and a police officer approaches you and asks you to open your jacket - in which you are forced to expose the weapon you otherwise wouldn't. It's an interesting situation for sure. We need some LEO's opinions.

[sc281]

Heck, in Philly even the cops didn't seem to know it was legal when they accosted that guy open carrying on the street.

Its philly. They just assumed their democrat leaders did what they all want and banned guns a long time ago, and were shocked to see otherwise.

[CJ]

It's a really interesting proposition the more I think about it. State law does not protect you in any way if you do it, which is not the case for pretty much all other weapons - which are specified. So it's a risk and I'm willing to bet you it's going to be a disorderly conduct charge for sure.

I have summoned the popo.

[BlackSnake]

Cops open carry every day, yet they never get jumped. Why would another person, open carrying, get jumped? Because the cop is perceived to have more power, and the citizen wouldn't be? I would think that the odds wouldn't be that different in the two scenarios.

Thoughts?

Cop = authority ... With a gun

[S_K]

The main liability i see is people freaking out when seeing one. That is fixed by people knowing it is legal......

No it won't be. When people see a gun, they immediately think "cop or criminal". If they see a badge, they will relax some, if not, your'e a criminal and a threat. I have carried a gun for 30+ years and have seen this reaction time after time. It HAS gotten worse the last ten years and I don't ever see it going back.

[Nash B.]

State law doesn't consider a long gun concealable so there doesn't appear to be any laws for it. Like I said before it's pretty clear this would be a problematic situation. A CHL does not allow you to conceal a long gun, it specifies only handguns. So now you're into the gray area of can you conceal a long gun, well you can conceal a fucking rocket launcher if you want as long as no one sees it you'll never get in a situation to prove if you can or can't. But, if someone sees it you fall under the above clause - disorderly conduct. So essentially the only time this would really come into play is if you have a HK91 under your trench coat, and a police officer approaches you and asks you to open your jacket - in which you are forced to expose the weapon you otherwise wouldn't. It's an interesting situation for sure. We need some LEO's opinions.

Merely displaying it isn't grounds for disorderly conduct; it has to be in a manner "calculated to cause alarm." Just like a concealed handgun, merely making it visible isn't grounds for unlawful carrying; you must "intentionally fail to conceal" it.

[DallasSleeper]

Does anyone have a legitimate argument for open carry? I don't think I've ever heard one.

Here in Texas no, I grew up in Oregon where it is almost all public land and due to wildlife and whatnot I think it is almost necessary in a place like that. But Texas does not really fall in that category since it seems to be almost all private land.

Maybe you could make the argument that open carry is better in vehicles.

But asking why we need to open carry is like asking why we need an AR15. I don't have to need it

[wickedblkgt]

If it passes I will probably open carry, how else am I going to show off my kimber?

[CJ]

Merely displaying it isn't grounds for disorderly conduct; it has to be in a manner "calculated to cause alarm." Just like a concealed handgun, merely making it visible isn't grounds for unlawful carrying; you must "intentionally fail to conceal" it.

Causing alarm and intentionally failing to conceal are completely different things. And long guns have no protection like I mentioned earlier as they are not mentioned anywhere in that legislation as the state does not recognize long guns as being concealable.

[Nash B.]

Causing alarm and intentionally failing to conceal are completely different things. And long guns have no protection like I mentioned earlier as they are not mentioned anywhere in that legislation as the state does not recognize long guns as being concealable.

Not "causing alarm" but "calculated to alarm."

[CJ]

Not "causing alarm" but "calculated to alarm."

I understand what you're saying, because you quoted me saying essentially the same exact thing you're saying. I don't really know what would happen. But, you do not have any laws on the book that protect you from doing that. It is not mentioned anywhere in lawful carry. It isn't mentioned in unlawful carry either. For what it's worth I was speaking to a friend who is an attorney and a bit of a castle law fan as well, and his opinion is the state of Texas does not recognize a long rifle as being concealable, so nothing in that bit of legislation is applicable to a long rifle, so you're essentially only left with disorderly conduct. And like I said earlier it's all about whether or not a case can be made that you are calculating to alarm people. It wouldn't be a stretch (like I said earlier) for an attorney to say that carrying an HK91 (for instance) in your trench-coat would cause anything but alarm to other people. I'm saying that carrying a long rifle is more than likely going to get you in trouble. That seems pretty reasonable to me. But hopefully we can have some LEO's give their opinion.

Would you do it?

[soap]

Not a fan of open carry.

Open carry means first shot.

This^.

but it would be fun to walk around with a cowboy rig. Have the gun belt setting low on my hip. And a black horse.

[Moose242]

I have always known that you can legally carry a long gun openly in Texas, but it is illegal if you upset people and whatnot.

Hell I remember when I was a kid in DFW half the trucks you saw had gun racks in the back window loaded with shotguns and rifles. I guess that went away because of theft more than political correctness.

[03trubluGT]

Because it says pistol, not weapon. An AOW is not a pistol by legal definition.

Just curious. I've never seen any laws saying you can't conceal carry anything other than a pistol unless licensed.

GC §411.171. DEFINITIONS
(5) “Handgun” has the meaning assigned by Section 46.01, Penal Code.

Sec. 46.01. DEFINITIONS. In this chapter:
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.

According to definitions, it appears that machine pistol would qualify.

That is until you look at the catagories on the license:
SA - SemiAutomatic
NSA - Non-semi automatic

But if you want to get technical, a full auto is a "non-semi automatic".

We would have to delve into the legalese to get a definitive answer, if one exists. This very subject might be working it's way through the courts as we speak.