This topic contains 10 replies, has 11 voices, and was last updated by Joey Lowe 9 years, 6 months ago.
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Allow CHL holders to openly carry handguns
Started by Greg Abbott
Allow CHL holders to openly carry handguns.
Since 1995, Texans have been permitted to carry “concealed” handguns so long as the holder of the weapon obtained a Concealed Handgun License (CHL) from the Department of Public Safety (DPS). The statute defines “concealed handgun” as a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person. A person is potentially eligible for a CHL under Texas Government Code Chapter 411, Subchapter H if the person:
(1) Has been a legal Texas resident for at least six months before the application;
(2) Is at least 21 years of age;
(3) Has not been convicted of a felony or certain other offenses,
(4) Is not a chemically dependent person;
(5) Is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
(6) Is fully qualified under applicable federal and state law to purchase a handgun;
(7) Has not been finally determined to be delinquent in making a child support payment or various state and local taxes;
(8) Is not currently restricted under certain court restraining or protective orders; and,
(9) Has not made any material misrepresentation, or failed to disclose any material fact, in submitting his CHL application.DPS establishes by rule the process of obtaining a CHL, subject to fairly detailed requirements provided in statute. Notably, DPS conducts a criminal history record check of the applicant through its computerized criminal history system. DPS may issue a license at its limited discretion, but must conduct the process in good faith. Denials of CHL’s may not be arbitrary or capricious.
It is important to view background checks in context: a CHL applicant is voluntarily choosing to waive some of their expectation to privacy, in exchange for a set of privileges. This is similar to waiving a certain expectation of privacy in order to register to vote, acquire a driver’s license, obtain credit, travel by commercial aircraft, etc. The burden placed on the purchaser is light, given the interests of the public, which the state must safeguard. A bill to allow CHL holders to carry holstered handguns in plain view would, textually, be quite simple – providing in every location where preexisting CHL statute referred to “concealed” firearms, the allowance of either “concealed or unconcealed” weapons.
Six states–including Texas–and the District of Columbia prohibit open carry of handguns outright. Thirteen states require a permit in order to openly carry a handgun. An additional nine states do not require a license or permit but otherwise restrict the manner by which a handgun may be carried openly. The remaining 32 states do not require a license or permit for the open carry of a handgun.
An openly carried weapon is no more dangerous than one carried in a concealed manner. Indeed, it is those with bad intent who are most likely to prefer to conceal weapons on their person. Anyone wishing to use a firearm as a deterrent and, in the last resort, for self-defense, would prefer to openly display the weapon.
A handgun that is carried within a holster at someone’s hip – which most people would consider a reasonable form of concealment – in Texas is not permitted even with a CHL. This broad definition of “concealment” indicates that Texas law needs an update. At the bare minimum, a CHL should permit a licensee to carry a holstered weapon.
You will need to login to join the discussion.10RepliesMike Frank, 10 years ago
The 2A is a natural right, and all the constitution does is reaffirm that right.
That said.
I believe it is unconstitutional for a citizen:
To have to submit to a background check to obtain “Permission” to purchase a firearm.
To have to apply for and gain “Permission” from the state in order to carry a concealed firearm.
To have to gain “Permission” from the government to openly carry a firearm.Nowhere in the 2A does it say that a citizen has to get “Permission” from the government in order to exercise their right. As a matter of fact the amendment says that the right “Shall Not Be Infringed”
Kenneth Turner, 10 years ago
The only way I could support a law legalizing open-carry would be if it was restricted in a crowded place. I’ve often thought cops shouldn’t even walk around in crowds with their guns sticking out of their pocket. It’s an open invitation for anyone that may be overly desperate or temperamental. To legalize open carry outright would be very naive, and it would be sure to have catastrophic consequences.
Joe Hunt, 10 years ago
Texas. Oh, you love the image of the Alamo, cowboys, and freedom. Yet, you rank very low on the list of states with the most protective gun rights laws.
Shame, shame, shame. You should be number one, by a huge lead.
Open and concealed carry WITHOUT any registration or permit must be your immediate goal.
No tax on firearms or ammunition, as such taxes infringe on the Second Amendment, is an idea you could have spread nationwide.
Ensure law enforcement does not harass gun carriers or their signs or protests. It is shameful of the numerous police harassment and arrests of lawful protestors or carriers.
The First Amendment ONLY exists because of the Second.
Ashby Bridges, 10 years ago
“a CHL applicant is voluntarily choosing to waive some of their expectation to privacy, in exchange for a set of privileges” that statement only shows how you view the 2nd amendment. you view it as a “privilege” and not as a natural “right”.
Texas is one of five states (and one district) that doesn’t allow open carry (CA, SC, MI, NY, and DC); are those the states you want to share common laws on Gun Control?
Keith Smith, 10 years ago
I sat here and read all the posts.. What most say and argue against is the wording using “Privilege”. That is exactly what it is. A PRIVILEGE TO HAVE THE RIGHT TO OWN AND OR CARRY A FIREARM.. Commit a Felony, or a number of Domestic Offences. You lose the Priveledge to exercise this RIGHT.
So YES!!!, I do support the background checks. The waiving of IDing myself. And to top it off… Double the Penalty in court licenced carry offenders that commit a felony..
I feel as a Marine, a Title I earned. I believe everyone hs the Right to Open Carry. To me you have to EARN the priviledge to exercise that Right.
Same as a Drivers License. Earned, Trained, with occasional Competence Testing. Rights suspended same as a State ID.
Henry Vichique, 10 years ago
Well tbh, people can rightfully do what they want as long as they honor their agreements and not restrain others rights. There is no such thing as assigning privelage to a right someone reserves. There are problems in knowledge in how to handle a firearm that is truly a different situation, where accreditation is to look “cool” :). Anyways, just like y’all, I’ll enjoy commercial consideration for the time being, and leave those at hand to not object. Not my loss ;).
Karen Roe Furr, 10 years ago
I had no idea that Greg Abbott supported open carry – something I do not support. I do not understand how open carry would be good for our communities and the safety of our children. How is law enforcement supposed to deal with this? My husband is a police officer and all I see is that this will make his job even more difficult. Frankly a lot of the people who are protesting in favor of open carry, are rude and crass – looking at the pictures of the protests doesn’t fill me with confidence that many of the people who open carry will be wise with this right/privilege/whatever if it is given to them. If Greg Abbott signs such a thing as governor, I will be greatly disappointed. I hope that most businesses, etc. will be allowed by law to post “No open carry allowed”. I don’t want to have to see it or deal with it while I am shopping, taking a walk in the park, attending my church, etc. What are we so afraid of that we feel we have to hang a gun off of ourselves in plain view? I have voiced my simple opinion on this subject in one other forum and the backlash against my comments were extremely rude and profane. I expect that not to be the case here in a townhall setting.
Erick Bruno, 10 years ago
Karen, that was the same argument used by the opponents of Conceal Carry legislation. We have had Conceal Carry for how many years and it has not been an issue at all for law enforcement. I am a retired Marine and understand the difference between carrying a firearm for protection and hostile intent. When you have a firearm pointed at you or have rounds coming towards you, then you know that individual is a bad guy. My brother is a LEO and former Marine and this doesn’t bother him in the least. I am looking forward to Open Carry so that I can carry certain firearms I own more easily.
Steve Genoway, 10 years ago
My CHL instructor a Houston policeman told us, “You are the good guys! We don’t worry about you, we welcome your help.”
I’ve noticed you don’t have mass shooters at gun ranges, they are mainly in “gun free zones”.Thanks Greg for your continued support of the 2nd Amendment.
Joey Lowe, 10 years ago
Wow….it appears that my brother Marines are out in force in this townhall meeting. As a Marine and retired LEO, I can unequivocally state that I never had a single problem with a CHL. My problems were always with the bad guys.
As for as open carry vs. Concealed carry, I would prefer the option. Would I open carry in a restaurant or shopping mall? More than likely not…..however if I were out walking my dogs or elsewhere, I would certainly like the option.
