This is from a few months ago, and acting as your own attorney is usually a bad idea 99 times out of 100. But this video of Florida Open Carry advocate Don Andre calming and patiently dismantling the police officer who violated his rights by arresting him without proper cause in the course of taking his deposition is a thing of beauty.
Again, it is generally best to leave such activities to the legal professionals. But if you are going to represent yourself, make sure that you’re as calm, and know the relevant law as thoroughly, as Mr. Andre
Happy New Year! Today the open carry law went into effect, meaning that if you have a Concealed Handgun License, you may now openly carry a handgun in most (but not all) locations where it was legal to conceal carry before. (It was already legal to openly carry rifles and shotguns without a CHL, and the open carry law didn’t change that.)
The Houston Chronicle has some pointers on open carry, though annoyingly, they are in slideshow form. Some highlights:
Open carry of handguns is only allowed for those who already hold a valid CHL.
You need a belt or shoulder holster to open carry, even in your car. Your gun must be holstered while driving or otherwise hidden.
Primary and secondary schools, hospitals, sporting events, and nursing homes are still “gun-free zones.”
Handguns cannot be taken into amusement parks, churches, hospitals and bars and public meetings if they post notice it’s a gun-free zone.
CHL holders can open carry unless it’s been prohibited by the private property owner. (I am given to understand that HEB is allowing concealed carry, but not open carry.)
“If you do not leave you could be charged with criminal trespass and/or unlawful carry. You will also most likely lose your rights to carry a handgun too.”
A 30.06 sign means no concealed carry on premises but open carry is allowed.
A 30.07 sign ONLY means no open carry on premises but conceal carry is allowed.
And you still can’t carry (open or concealed) in an establishment that derrives 51% or more of its income from the sale of alcohol:
You can’t open or conceal carry beyond the security checkpoint in an airport (duh).
Reciprocity still applies, so if you’re licensed to conceal carry by another state, you’re licensed to open carry in Texas.
The separate campus carry law which allows CHL holders to conceal carry in most buildings at most public universities does not go into effect January 1, but rather August 1, but you still won’t be able to open carry on campus then. Private colleges and universities may opt out, and junior colleges do not need to comply until August 2017.
I think the touches all the highlights. If you think I missed something important, let me know in the comments.
This afternoon, Texas Governor Greg Abbott signed the Open Carry and Campus Carry bills into law at Red’s Indoor Range in Pflugerville. (I can tell you from experience that it’s hard enough to get a shooting lane at Red’s even when the governor isn’t there.)
Note that as per the actual text of the open carry bill, open carry for CHL holders goes into effect January 1, 2016. I’ve seen various commentators cite a date of September 1st, but that’s just the date for various Texas agencies to have administrative plans in place for complying with the new regulations. So don’t go wearing your holsters in public on September 1st, or you’re likely to receive a very rude awakening…
Open Carry has passed both the House and Senate. It’s now headed to the desk of Texas Governor Greg Abbott, who has said he’ll sign it.
“House Bill 910 [warning: 46 page PDF] from state Rep. Larry Phillips, R-Sherman, would allow license-holders to carry handguns openly in a hip or shoulder holster, changing current law requiring that such weapons be concealed.” The “cop stop” amendment has evidently been stripped from the final bill.
House Bill 910, which gives Texas Concealed Handgun License holders the right to open carry, has passed the Texas House. Since the Senate has already passed a version, and Governor Greg Abbott has promised to sign the bill, its all over but the gun grabbers shouting about how it will result in a state-wide bloodbath.
Texas Governor Greg Abbott gave his State of the State address yesterday, and there’s plenty to talk about. Some highlights:
“Last week, Comptroller Hegar reported that sales tax revenue in January increased by 11 percent, surging to an all-time record. It’s the 58th consecutive month of year-over-year sales tax growth.”
“But the best way to create more jobs is to permanently reduce the business franchise tax. I will reject any budget that does not include genuine tax relief to Texas employers and job creators. I will also insist on property tax reduction. It’s time for property owners – not government – to truly own their property. My plan calls for a $2 billion reduction in the business franchise tax and a $2.2 billion reduction in the property tax burden.”
“To keep Texas the premiere model for opportunity, we must constrain the size of government and maximize the liberty of individuals. To protect taxpayers from government growing too big, we need a constitutional amendment that limits the growth of the state budget to population growth plus inflation.”
“To keep Texas the premiere model for opportunity, we must constrain the size of government and maximize the liberty of individuals. To protect taxpayers from government growing too big, we need a constitutional amendment that limits the growth of the state budget to population growth plus inflation.”
“Many of us have ridiculed states like California and Illinois as bastions of failed big government. You’ll be surprised to learn that Texas has more full-time state employees per capita than California and Illinois. That’s shocking – it must be changed. That’s why my budget requires most state agencies to reduce their general revenue spending by three percent.”
“I will expand liberty in Texas by signing a law that makes Texas the 45th state to allow Open Carry.”
So far it seems that Abbott is serious about governing as he campaigned…
Lt. Governor Dan Patrick announced that he’s sending three pro-Second Amendment bills to the Senate State Affairs Committee:
Senate Bill 11 (SB 11), An act relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education, by Sen. Brian Birdwell (SD22).
Senate Bill 342 (SB 342), Relating to providing for the open and concealed carrying of handguns without a license and to related offenses and penalties, by Sen. Don Huffines (SD16).
Senate Bill 346 (SB 346), Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun, by Sen. Craig Estes (SD30).
SB342 provides for essentially unlimited constitutional carry, while SB346 would authorize open carry only for CHL holders. I think it’s canny of Patrick to advance both at the same time. Some squishy republicans may balk at universal carry, but voting for SB 346 will allow them to split the difference and still appear pro-gun.
Will Speaker Joe Straus kill pro-Second Amendment bills in the House? He’s killed some in the past, but he’s also been very careful not to leave his fingerprints on the knife. Given how Straus has crowed about endorsements from the NRA and the Texas State Rifle Association, I’m guessing he won’t go to the mat to kill popular Second Amendment bills supported by a clear majority of senators. Straus is another reason I think SB 346 is more likely to pass than SB 342.
Granted, that’s not what the headline says. But we all know that’s what she means.
Sen. Wendy Davis said in a Monday interview with the Express-News that she opposes allowing the open carry of handguns and that she wishes she had a do-over on the support she expressed for the idea in her ill-fated run for governor.
Everyone who saw Davis embrace open carry knew she was lying. Everyone, supporters and opponents alike, saw her clumsy, ham-handed lie for exactly what it was: blatant political pandering, and a left-wing media darling’s laughable attempt to move to the center to run statewide in Texas. Indeed, it was so blatant that it probably did more harm than good, helping reaffirm Davis’ reputation for dishonesty.
So transparent was the lie you wonder why she even bothered. It’s also a mystery why she’s offering up a mea culpa for it just now. I suspect she may be trying to snag a job with a Democratic Party house organ like Media Matters or MSNBC.
Davis admission reaffirms a basic political truth: there’s no such thing as a pro-gun Democrat. When push comes to shove, they’ll betray gun owners whenever the Party demands them to…
The fact that Davis hasn’t been universally opposed to gun rights may be explained by the fact that she’s a state senator in Texas, one with significant suburban and rural constituents and who only won her last election with 51% of the vote and thus one for which a hard-left gun control position would be a career-ending exercise. It’s also possible that, like Arlen Specter, another former Republican, she may have no fixed political positions whatsoever beyond the belief she should hold political office (or perhaps none beyond support for unlimited abortion).
Davis’ open carry pander is the worst kind of pander for a politician: a ham-handed, ineffective and incompetent one. Since Davis is already running as a liberal darling, and Abbott has already embraced open carry, there’s no chance this move will win her real converts among single-issue Second Amendment supporters, but a very real chance it will alienate her national liberal fundraising base.
Wendy Davis is a credible leader on Second Amendment rights the way Danny DeVito is a credible NBA center.
