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by G.A. Heath
Wed Feb 01, 2012 8:37 am
Forum: 2011 Texas Legislative Session
Topic: Wait 'til next year!
Replies: 12
Views: 9256

Re: Wait 'til next year!

The Annoyed Man wrote:
MoJoeWrkn wrote:A law allowing Open Carry.
A new law is problematic because it can later be overturned. Much better to repeal the law which forbids it in the first place, removing it from the books entirely. And......here we go again.....it must be done without modifying 30.06 to include open carry, so that those who choose to continue carrying concealed (which will likely be the majority among those who carry a gun) will not be negatively impacted.
I honestly see two routes that could be taken with the difference being in how 46.02(a) is modified. First route(un-licensed OC) is to add the word concealed before the word handgun in 46.02(a) which would make it illegal to carry a concealed handgun w/o a license while making open carry legal. The second (and my preferred) route would be to strike "handgun," from 46.02(a) which would provide for Constitutional Carry like AZ and AK has (no license needed but offered for reciprocity and other benefits).

After making the change of choice to 46.02 you would then want to strike 46.02(a-1) and make 46.035 apply to everyone and not to just CHLs or strike it entirely then you would be set.

This process would still give a business the right to exclude anyone CCing w/o a license or OC by simply posting a gun busters or similar sign, while 30.06 would still be required to prohibit licensed concealed carry.

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