Texas Open Carry Passes Final Vote in House 101- 42

Gun Watch ^ | 21 April, 2015 | Dean Weingarten

[marktwain]

The Texas licensed open carry bill has passed the third read vote in the House.

An amendment by Dutton was added on the third read.  The substance of the amendment is that merely possessing a holstered handgun is not sufficient reason to detain or make an investigatory stop.   On the third read, an amendment must obtain a 2/3 majority to be approved.  This amendment reads:

CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED.   A peace officer may not make an investigatory stop or other temporary detention to inquire as to whether a person possesses a handgun license solely because the person is carrying a partially or wholly visible handgun carried in a shoulder or belt holster.

This is a significant reform, in that it removes from the police the ability to harass open carriers on the pretext that the police need to determine that the carry is lawful.  It places the burden of proof on the police, as it should be.   It removes the authority of the government to demand "papers" to prove that you are allowed to do what you are peacefully doing.

RV# 297 — Unofficial Totals: 101 Yeas, 42 Nays, 1 Present, not voting

Yeas - Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Herrero; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Moody; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Raney; Raymond; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas

Nays - Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Giddings; González; Guerra; Gutierrez; Hernandez; Howard; Israel; Johnson; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Muñoz; Naishtat; Nevárez; Oliveira; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu

Present, not voting - Mr. Speaker(C)

Absent, Excused - Miles; Price

Absent - Dukes; Riddle; Thompson, E.

The vote has not been certified by the House Clerk, but is expected to be shortly.   As there are amendments on the bill as received from the Senate, further action is necessary.  From state.tx.us:

If a bill is returned to the originating chamber with amendments, the originating chamber can either agree to the amendments or request a conference committee to work out differences between the house version and the senate version. If the amendments are agreed to, the bill is put in final form, signed by the presiding officers, and sent to the governor.

Conference committees are composed of five members from each house appointed by the presiding officers. Once the conference committee reaches agreement, a conference committee report is prepared and must be approved by at least three of the five conferees from each house. Conference committee reports are voted on in each house and must be approved or rejected without amendment. If approved by both houses, the bill is signed by the presiding officers and sent to the governor.

The bill still has to be agreed to by the Senate or go to a conference committee, and then to the Governor.  I do not foresee any surprises on the way to Governor Abbott's desk.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[SuperLuminal]

But for later

[trebb]

This is a significant reform, in that it removes from the police the ability to harass open carriers on the pretext that the police need to determine that the carry is lawful. It places the burden of proof on the police, as it should be. It removes the authority of the government to demand "papers" to prove that you are allowed to do what you are peacefully doing.

It also helps defang those who freak when they see a gun and call the cops to get them to do the harassment for them...

Texas is making strides in the right direction and Mississippi is getting even better with its latest on not needing a conceal permit to carry a gun in a purse/tote/fanny pack/other totally encasing receptacle.

[eartick]

Thanks for the ping

Truly great news

Like I have said and discussed with other buds of mine.. I do not know if I will open carry but love the option.

The way we handles the open carry when we had 800 Minutemen down in ‘05 is we had them wear a furnished card holder that went around their neck. That way when BP or CSO ran across them on the ranches they could identify them as MM not just some pistol packing redneck.

I probably will do this if I ever open carry just to let a LEO know that I am legal open carry.

[RitaOK]

:)

[stevie_d_64]

Not surprising about Joe Strauss abstaining...He’s anti RKBA anyway...yawn...What a putz...

And then Debbie Riddle missed this vote???

I guess she knew they had it the bag anyway...

I’m holster shopping!!! hehehe

[stevie_d_64]

There are a whole plethora of reasons to dump Strauss...

But the people in his district in Bexar county don’t seem to be able to tell the difference between a spade and a Bill Dookie shovel...

[Altariel]

Do you (or anyone on your ping list) have a recommendation for a good book on Texas history?

[TexasGunLover]

It’s worth noting, it has not passed yet... both licensed open carry and campus carry are on the ropes with not much time left.

[marktwain]

“It’s worth noting, it has not passed yet... both licensed open carry and campus carry are on the ropes with not much time left.”

It is indeed worth noting. Not sure what is going on there, but I do not like the smell of it.