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by The Annoyed Man
Fri Mar 11, 2011 5:31 pm
Forum: 2011 Texas Legislative Session
Topic: HB 2756
Replies: 40
Views: 5544

Re: HB 2756

hirundo82 wrote:An important element of an open carry bill should be to specify that open carry alone does not qualify as an offense under §42.08:
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm
I can see a lot of arrest for open carry (especially in the big cities) if it is not made explicit that open carry is not disorderly conduct.

Something along the lines of "A person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code does not commit an offense under subsection (a)(8) if the sole element of the conduct is the person carries a handgun in an unconcealed manner."
Which is effectively Licensed Open Carry. While I am ultimately an advocate of Constitutional Carry, I am not naive enough to think that we can get there in one fell swoop. This intermediate step is exactly what I've said all along would be necessary to the process.

I wish I were wrong about that, but I don't think I am.

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