You Can open Carry an AK but not your sidearm?

[Beiruty]

I do not understand the logic behind allowing open carry rifles, carbine, but not your sidearm.

In TX, I am hearing it is perfectly legal to carry an AKMS but not your sidearm? We do have CHL, but why the restricting open carry handguns?

[shootthesheet]

I agree, it is wrong that any government would usurp the power of the people and their right to lawfully exercise any God given right. The State of Texas does it because in our Constitution they have robbed us our right to bear "wearable arms". They made up a power that gives them control of it. That is why incorporating the 14th Amendment to apply to the states is necessary. Since the 2A has been recognized, again, as an individual right they must also recognize no government has power, to whatever level, to make laws greater than that which is recognized as coming, not originating, from the 2A. Should be an absolute right that cannot be controlled but our past has shown that won't be how it is for a long time if ever.

I see the O.P. is a NRA member and that is great. Are you also a TSRA member?

[stroo]

If you really want to defend yourself and you believe in open carry, why don't you just sling your rifle/shotgun on your back. It is a much better weapon for self defence than any handgun and if you believe in intimidation, is much more intimidating.

I don't understand the emphasis on open carrying a handgun when you can already open carry a much better weapon, a rifle or shotgun.

[Keith B]

I do not understand the logic behind allowing open carry rifles, carbine, but not your sidearm.

In TX, I am hearing it is perfectly legal to carry an AKMS but not your sidearm? We do have CHL, but why the restricting open carry handguns?

I am not a real big historian, but I think a lot of it may stem from the wild west days. Handguns were easily concealable, and the folks were very concerned about cowboys coming into town with money after a cattle drive and sale, getting drunk, gambling and fighting and eventually shooting someone, concealed or not. A long gun was much harder to conceal, so they didn't worry about them. Many locations outlawed guns being worn in town even openly (Wichita and Dodge City, KS and Tombstone, AZ notably.) When you entered most towns in the old west, you had to 'deposit' your sidearm at a local designated repository. This was many times the sheriff's office, livery stable, or even the saloon. When you left town, you could retrieve your sidearm and exit in an expedient manner. Over the years the law expanded and was adopted to a state-wide law. Concealed carry was always against the law until the passage of the CHL bill in 1995.

Long guns have always been viewed as a more 'utilitarian' weapon for protecting yourself and livestock against wild animals, so these were allowed. As time went on, if you banned carry of long-guns, then hunting would be hard to do as well as ranchers not being able to protect their livelihood.

[TLE2]

I remember (perhaps faultily) that growing up in Texas, at one time, open carry was legal for all, but you had to have a permit to carry concealed.

Does anyone know if that's actually true, or is it early Altzheimer's ?

[MoJo]

The prohibition of handgun carry dates back to the Reconstruction era after the Civil War when that was put in by the Carpetbaggers to keep the former Confederates from carrying concealable weapons. It wasn't an open carry prohibition it was a handgun prohibition.

[boomerang]

I remember (perhaps faultily) that growing up in Texas, at one time, open carry was legal for all, but you had to have a permit to carry concealed.

Does anyone know if that's actually true, or is it early Altzheimer's ?

If you weren't a peace officer (or had some other loophole) you couldn't legally carry a handgun in Texas, openly or concealed, loaded or unloaded, from some time around the end of the War Between the States until the mid-1990s.

[Beiruty]

I am afraid if I ever bought an AKMS and carry it in my car, just in foot well of the front passenger, I would be pulled over and questioned for my motive. I will be for what I did especially with my ethnic background.

The only time I would do that. From and to range and while hunting.

[stroo]

The traveling law did allow you to carry a handgun. But the court decisions on what constituted traveling varied widely.

[casingpoint]

Since the 2A has been recognized, again, as an individual right they must also recognize no government has power, to whatever level, to make laws greater than that which is recognized as coming, not originating, from the 2A.

In the wake of Heller, the States can allowably restrict the method of handgun carry under very precise and narrow circumstances, and only to serve a compelling public interest. Those interests which various States may think compelling must be proven in a court of law if challenged, a heavy burden not easily carried through on. That being what it is, there are a lot of bogus gun laws now on the books, one of the most prominent being the prohibition against open carry in Texas, and it will be a long and dirty fight from one side of this great land to the other. But in the end, the law will prevail and these nonsensical restrictions will be gone.

[srothstein]

To really understand Texas laws, you must understand Texas history. Most of our penal laws were written separately back in the 1800's during Reconstruction. Our weapons laws date from this period and you need to remember this to truly understand how they came to be.

First, remember that Texas was a Confederate state and as such, many Texans lost their rights when the war ended. All of the Southern veterans were technically treasonous to the US and there was a great fear of unreconstructed rebels. The Republican government was forced on us (appointed) by the US and had a justifiable fear of the average Texan. So, they passed laws banning the average person from carrying a pistol while going about their daily business. A long gun (mostly rifle then) was not banned because it was almost always left in the scabbard on the horse. Even the carpetbaggers realized that a Texan riding out of town was in danger from animals, Indians, and outlaws. So, they did not want to totally disarm the citizens but did want to stop them from carrying while walking around and inside buildings. This also helps explain how the exemptions, such as peace office or soldier, same into being.

The traveling exemption was also introduced at this time. It was based on the recognized dangers of people traveling between and outside of the the "civilized" areas. The concept at the time was that people would understand what is traveling, and this was recognized by the Court of Criminal Appeals as such. In 1909 (IIRC) they ruled (as a final ruling sort of) that traveling was a fact to be determined by the jury.

In the 60's and 70'ss, we finally started taking all of the miscellaneous laws, then known as Vernon's Annotated Civil Statutes (VACS) and compiling them into the groups of laws we know today as the various codes. We still see some remnants of this, such as the original CHL law being in article 49EEEE (or whatever it was) that we saw on the original 30.06 signs. The VACS article was later incorporated into the Government Code as we know it today.

But this history lesson (thanks San Jacinto College) shows why we have had such a strong Democratic presence in the state government (reaction to Republican Reconstruction) until the 1980's. It also shows why you can still legally carry a long gun openly or concealed and need a permit for a concealed handgun and cannot openly carry one at all. As a general rule, I would say that a lot of Texans are still unreconstructed and the federal government has something to fear from them. Unfortunately, the number drops every day.

[TexasFlash]

Great post Steve; very informative. Helps to get a perspective on how we got to where we are... now, us "unreconstructed " folks have to keep vigilant in order to "reconstruct" our great state and country...

[joe817]

Wonderfully stated Steve. Thank you. I was hoping someone would post something that would bring into prospective how we came to have the gun laws we now have in this great State.

Actually I was thinking how interesting it would be to have someone who is doing a Masters Thesis in Criminal Justice on the evolution of open carry and concealed carry in Texas, and post it here(in an attachment of course). It may have already been done.

But you did an excellent job of annotating it.

[Purplehood]

I know asked elsewhere, but don't see the answer. Can you open-carry a loaded rifle?

[mr.72]

I know asked elsewhere, but don't see the answer. Can you open-carry a loaded rifle?

Yes. It's answered in this very thread.