Search found 7 matches

by anygunanywhere
Thu Feb 24, 2011 2:55 pm
Forum: 2011 Texas Legislative Session
Topic: Open carry with holster requirements
Replies: 35
Views: 6944

Re: Open carry with holster requirements

SA-TX wrote: If everyone thought it was a constitutional right like we do, this discussion would be moot. Unfortunately, that's not the case.

U.S. Supreme Court:
McDonald is a good start but at the moment its holding is only that keeping a gun in your house can't be infringed by a state. That's a far cry from public open carry.

Texas Judicial branch:
The Texas Supreme Court is on record from the mid-1980's (with former Chief Justice Tom Phillips, R, writing the opinion) as saying that a) the 2A doesn't apply to the states and that b) Texas' restrictions on wearning arms were lawful. Even with McDonald they would only be required to change part (a) since Texas doesn't restrict possession at home (except for felons, perhaps).

Texas Legislative branch:
Even with a very strong pro-2A legislature & a member that agreed to sponsor it in the House, there hasn't yet been ANY open carry bill introduced and there is no guarantee that there will be. Heck, we are fighting tooth and nail just to get campus carry and employer parking lots. Look at all of the other unnecessary restrictions on concealed carry (voting locations, pro and college sporting events, court offices, etc.) never mind OC.

Texas Governor:
Yes .380 packing Governor Perry has been largely apathetic on open carry. On an episode of Tom Gresham's GunTalk radio program last year he said that he prefers concealed carry. Only when Gresham questioned why each Texan shouldn't be able to make that decision did the governor allow that if the legislature wanted to look at open carry that he'd consider it.

Gun carrying Texans:
Yep. Sad but true. Many members of this site aren't in favor of legal OC for one reason or another, as has been pointed out by the polls and lively discussion every time it comes up.

The bottom line is that all of the power brokers don't view the 2A like we do. Thus, if we could get it passed by initially agreeing to do something that any wise OCer will do anyway -- use a holster with some form of retention -- it seems to me like a good deal. As in the past, once the doomsday predictions don't come true the restrictions can be removed with little opposition later. In a perfect world, we'd have constitutional carry. Until then, I'll keep working for incremental changes that move us more in that direction.

SA-TX
Most might subscribe to the baby step mentality and it may be the way OC eventually becomes legal in Texas, but I am an absolutist and would like to flush all of the "power brokers" down the drain for not following the obvious literal language of the 2A.

Anygunanywhere
by anygunanywhere
Sat Dec 04, 2010 8:49 am
Forum: 2011 Texas Legislative Session
Topic: Open carry with holster requirements
Replies: 35
Views: 6944

Re: Open carry with holster requirements

gigag04 wrote:
The constitution allows some latitude to be interpreted and applied by reasonable men. If I read the text of 2A literally, and then stop thinking - I could stroll through HEB with two suppressed Uzi's in my hands, pointed towards the ground. It is an extreme example, but illustrates the need for a boundary SOMEWHERE regarding the individual right to exercise the 2A, or the 6A, 8A, 1A etc.
Boundaries, not complete prohibitions.

If you look at the state of the second amendment from a national perspective, we are restricted way beyond what I would consider a normal understanding of boundaries.

The pendulum has swung way too far towards prohibitions for me to accept any so called reasonable restriction as an acceptable boundary.

It would not bother me in the slightest if you wanted to carry a couple of suppressed Uzi's. You use them as an extreme example, and I understand your point, but why do we need to use such extreme examples in our discussions with each other? The antis use their extreme examples to fight us.

What is reasonable for me might not be reasonable for you, and vise-versa.

Anygun
by anygunanywhere
Fri Dec 03, 2010 11:06 pm
Forum: 2011 Texas Legislative Session
Topic: Open carry with holster requirements
Replies: 35
Views: 6944

Re: Open carry with holster requirements

terryg wrote:
anygunanywhere wrote:Not a valid argument.

Kind of like someone some of us knew who used to use a vending machine that dispensed machine guns in airports as an example.
I must admit I'm a bit confused. I don't get this reference all.
We had a thread a long time ago about us being able to carry legally on airlines. A deceased poster named frankie_the_yankee used the argument that if we were allowed to carry, terrorists would just purchase machine guns from vending machines, or something to that effect. Not a valid argument.

Anygunanywhere
by anygunanywhere
Fri Dec 03, 2010 10:34 pm
Forum: 2011 Texas Legislative Session
Topic: Open carry with holster requirements
Replies: 35
Views: 6944

Re: Open carry with holster requirements

terryg wrote:
anygunanywhere wrote:Exactly how many restrictions are you willing to put up with And at what point do you draw the line?

You are willing to allow the government to define irresponsible? The government?

Anygunanywhere
Here is that whole balance thing again. So let me ask you then, why does the gun have to be holstered at all? Any reason I shouldn't be able to walk through Walmart with my pistol at low ready?

Ridiculous - right? But there is a line somewhere, right?
Not a valid argument.

Kind of like someone some of us knew who used to use a vending machine that dispensed machine guns in airports as an example. Not a valid argument.

I stand by my assertion. Balance is the government honoring the constitution and the second amendment as it is written.

Anygunanywhere
by anygunanywhere
Fri Dec 03, 2010 9:18 pm
Forum: 2011 Texas Legislative Session
Topic: Open carry with holster requirements
Replies: 35
Views: 6944

Re: Open carry with holster requirements

baldeagle wrote:
anygunanywhere wrote:
baldeagle wrote:
anygunanywhere wrote:So, we need reasonable restrictions to exercise a constitutional right? More training? Special hoslters?

Amazing.

Anygunanywhere
I've read the Constitution a time or two. I didn't see the word "irresponsibly" in there - as in "the right to keep and bear arms irresponsibly shall not be infringed".
Correct. It does not say anything about stupid or must be responsible to bear arms either.

Whether stupid, brilliant, responsible, irresponsible, all have the same right to keep and bear arms.


Anygunanywhere
Sorry, but I disagree. The Constitution is quite clear that the government can take your liberty away through due process of law. While they cannot prevent citizens from keeping a bearing arms, they can certainly prevent felons from doing so - Constitutionally - and I think that argument extends to reasonable requirements for the means and method of carry as well. The government can't take a citizen's RKBA away from them, but it can set reasonable standards for the exercise of that right. Just as you have the right to freedom of speech yet cannot yell fire in a crowded theatre, you have the RKBA but cannot do it in an irresponsible manner that endangers others.

In your world, carrying in a truly irresponsible manner can be defined by law but until someone violates that law then they have the RKBA.

Exactly how many restrictions are you willing to put up with And at what point do you draw the line?

You are willing to allow the government to define irresponsible? The government?

If you allow the government control of the line they can put it wharever they want and they seldom move it back.

Anygunanywhere
by anygunanywhere
Fri Dec 03, 2010 8:49 pm
Forum: 2011 Texas Legislative Session
Topic: Open carry with holster requirements
Replies: 35
Views: 6944

Re: Open carry with holster requirements

baldeagle wrote:
anygunanywhere wrote:So, we need reasonable restrictions to exercise a constitutional right? More training? Special hoslters?

Amazing.

Anygunanywhere
I've read the Constitution a time or two. I didn't see the word "irresponsibly" in there - as in "the right to keep and bear arms irresponsibly shall not be infringed".
Correct. It does not say anything about stupid or must be responsible to bear arms either.

Whether stupid, brilliant, responsible, irresponsible, all have the same right to keep and bear arms.


Anygunanywhere
by anygunanywhere
Fri Dec 03, 2010 8:30 pm
Forum: 2011 Texas Legislative Session
Topic: Open carry with holster requirements
Replies: 35
Views: 6944

Re: Open carry with holster requirements

So, we need reasonable restrictions to exercise a constitutional right? More training? Special hoslters?

Amazing.

Anygunanywhere

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