Open carry passage potential in Texas

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  • Alamo

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    HB910, the House licensed OC bill, is now officially in the hands of the Calendar Committee; it's companion SB17, passed by the Senate, has not been sent to any committee in the House yet. Officially residing in the Calendar Committee is an important step forward, but bears close watching -- if somehow it does not get scheduled for a floor vote before the end of the session, the bill will die there. As I noted before, that's what happened to Campus Carry last legislature.

    We shall see.
     

    Alamo

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    HB910, the House version of licensed OC, came up for its second reading on the House floor today.

    (Three "readings" are required by the Texas Constitution. The first is when the bill is introduced to the House and assigned to committee. If favorably reported by the committee, the second reading allows any member of the House to propose and amendment, which may be passed by majority vote. At third reading, it takes 2/3 majority to pass an amendment. The same bill must go through the same process in the Senate as well to become law.)

    However an opponent of OC brought up a point of order that was sustained. There was some computer glitch that incorrectly listed information about the witnesses that testified at the committee hearings on the bill. Turns out this glitch affects a bunch of other bills too. Anyway, the House quickly adjourned and the Homeland Security and Public Safety Committee quickly met to cure the defects. It is planned to bring the bill to the floor again on Friday.

    As far as I can tell, HB910 is identical (so far) to its companion bill SB17, which is the licensed OC bill that the Senate already passed. However, both the Senate and the House have to vote on the SAME bill, not just companion bills. This means either HB910 will have to go to the Senate for first reading, then to committee, be voted out favorably, and go thru 2nd and 3rd readings on the floor, or SB17 will have to do the same through the House. I am guessing that if HB910 passes, the Senate will grab it and run. They are a smaller group, have already had hearings on it, most of them like it, and the leader of the Senate, Lieutenant Governor Patrick, is a proponent as well.

    Nothing is for sure, but despite the glitch, I'm thinking licensed OC just might make it this session. I am much less hopeful about Campus Carry, and [STRIKE]HB805[/STRIKE] HB308, which would have removed almost all restrictions on where licensed handgun carriers could go, seems pretty much dead.

    Unfortunately the rumpus that the unlicensed OC proponents (OCT/OCTC) kicked up earlier this year seems only to have elevated the glamorous over the substantive. Sigh. I pray to be disappointed.

    Computer glitch delays open carry in House | www.statesman.com
     
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    Alamo

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    HB910 being heard on the House floor. The guy who raised the point of order earlier about the computer glitch has vowed to slow down or stop the bill by any means necessary. More than half the House has already signed on as coauthors, so he is basically trying to throw sand into the gears with points of order. He has done this in the past often enough that he is known as the "Prince of POO" (Points Of Order).

    Also apparently ready to throw sand in the gears is the legislative point guy for OCT, Representative Strickland. He will try to amend the bill to go full unlicensed open carry (it ain't gonna happen this legislature, just deal with it) and says he has 162, that's 100 followed by sixty-two, amendments to this bill.

    So it appears that the forces of unlicensed open carry will join with the opponents of licensed open carry (and any 2A progress at all) to bog down any chance of open carry in Texas. Nice company they're keeping.
     

    Alamo

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    The House has squelched 10 unhelpful amendments so far. Number 11 is a doozy tho - Rep Fletcher, one of the good guys, just proposed adding campus carry to the bill. Hee hee. The Prince of POO leaped desks in a single bound, the Dems gasped and just held a hasty meeting in the hallway... Standby, this could be very interesting! If we got OC and Campus C out of the House in one vote, that would be medium awesome. It would require a conference with the Senate, since they voted for both but in separate bills, but it shouldn't be a problem. Hee hee. I think this set the antis back on their heels a bit.

    ETA: Oh boo. Amendment withdrawn. Not surprised really, but was fun to see the other side scurry.
     
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    Alamo

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    HB910, licensed open carry, passes 2nd Reading! This is big news!

    Only two amendments, so not much different than what Senate has already passed.


    A third reading will be required, but shouldn't be a problem.

    The Senate will have to pick this bill up and run it through before it goes to the governor, but that also should not be a problem since they have already had hearings and passed a nearly identical bill.

    Maybe I'm going to have to bid on the Raylan Givens holster after all..... :)


    ETA: http://www.click2houston.com/news/t...y-approval-to-open-carry-of-handguns/32431426
    Third reading (final vote) in the House scheduled for Monday.
     
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    Alamo

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    Texas set to approve open carry of handguns, seen as win for gun-rights activists
    Texas set to approve open carry of handguns, seen as win for gun-rights activists | Fox News

    I saw that. It has this quote in it:
    “We are seeing historic progress in Texas,” said Terry Holcomb Sr., executive director of Texas Carry, a gun-rights group."

    Never heard of "Texas Carry." I looked -- they were incorporated on 28 Aug 2014. Less than 8 months ago.
    NRA and TSRA have been working with the legislature (for years in general but) on licensed OC and other stuff since last legislature. There was an interim study (the Leg meets every two years, but the legislators have meetings and studies in between) on it even.

    And "Texas Carry" gets a quote? Tara Mica and Alice Tripp (NRA and TSRA, respectively) are where it's happening.
     

    Alamo

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    The game is afoot in the Texas House. HB 910, licensed open carry, was scheduled for its third reading a few minutes ago, which should have been a relatively pro-forma affair. The antis would have offered some more BS amendments to water it down, but with 4/5 vote required would have not gone anywhere.

    Instead the author asked for the bill to be rescheduled to the end of the day to give unspecified members more time to work on an amendment, or amendments. Since the author himself called for this, I assume the amendment(s) is pretty good. Also, one of the long time key 2A supporters who has helped draft and lobby for many 2A laws says it's a good one. Can't wait! Maybe they'll incorporate HB308! That's probably too big a leap, but I can dream. I'm guessing the time is not only to work on the text of the amendment, but line up ther 4/5 majority needed. Much anticipation!
     

    GodFearinGunTotin

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    The game is afoot in the Texas House. HB 910, licensed open carry, was scheduled for its third reading a few minutes ago, which should have been a relatively pro-forma affair. The antis would have offered some more BS amendments to water it down, but with 4/5 vote required would have not gone anywhere.

    Instead the author asked for the bill to be rescheduled to the end of the day to give unspecified members more time to work on an amendment, or amendments. Since the author himself called for this, I assume the amendment(s) is pretty good. Also, one of the long time key 2A supporters who has helped draft and lobby for many 2A laws says it's a good one. Can't wait! Maybe they'll incorporate HB308! That's probably too big a leap, but I can dream. I'm guessing the time is not only to work on the text of the amendment, but line up ther 4/5 majority needed. Much anticipation!

    Interesting. What was HB308 again?
     

    Alamo

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    Well fudge. The positive amendment turned out to be "perfecting" (clarifying) an amendment already adopted last week. Basically it reduces the penalty for carrying under authority of a license in on private property that has given statutorily required notice that it's not allowed from a Class A Misdemeanor (year in jail, big fine, loss of license) to Class C Misdemeanor (traffic ticket-level, if I understand correctly, $200 fine).

    If you are discovered carrying and told (oral notice) to leave, and refuse to depart the premises, and this can be shown at trial, then it jumps to Class A.

    This is not the dramatic leap I was hoping for. Not bad, very good really, but I was hoping for the texas earth to move. oh well.

    Now the antis are trying to get carve outs for the cities.
     

    Alamo

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    Licensed OC had passed the house on the third reading. Two amendments, one tidying up a previous amendment, as I mentioned above, the other says peace officers may not make an investigatory stop or other detention to inquire if a person has a license solely because a handgun is partially or completely visible in a shoulder or belt holster.
     

    GodFearinGunTotin

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    Licensed OC had passed the house on the third reading. Two amendments, one tidying up a previous amendment, as I mentioned above, the other says peace officers may not make an investigatory stop or other detention to inquire if a person has a license solely because a handgun is partially or completely visible in a shoulder or belt holster.

    That sounds pretty good. Congratulations!
     
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