Posted on 04/20/2015 6:00:34 PM PDT by 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.
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.
Got a bit worried today when it was delayed. Turns out ... HURRAH!
Take THAT, liberals!
If it is left, it isn’t right............
Step closer (((ping)))!
It’s a done deal.
~6 more years until I can get out of the People's Republic of NJ...
Maybe, but there is still this.....
The bill still has to be agreed to by the Senate or go to a conference committee, and then to the Governor.
Ain't strapping on my six guns just yet. LOL.
We shall see.
bttt - thanks for the news and the ping!
The bill still has to be agreed to by the Senate or go to a conference committee, and then to the Governor.
I'm pretty confident that it's a done deal. The bill came to the House from the Senate, and but for the one amendment (which is something they'll readily agree with), it's the same bill they already passed.
Ping on Texas Open Carry
I still see the whole permit thing as unconstitutional and therefore unlawful, I'll take it, and have something to fight for next session.
We need Constitutional Carry. The Second Amendment is all the Permit that I need. God gave me that right. The legislature can't take it from me.
But I'm hardcore about rights. ;)
/johnny
I want Constitutional Carry, and not permitted carry. And I intend to fight for that.
That article gives very good tools to work with.
Again, all my thanks.
/johnny
Decent but not Great, Windflier. Thank you for the ping.
I knew from Abbott's first comments that he would get a bill allowing open carry for those with PERMITS. A step in the right direction but Texas could do much better if we had the balls to ditch Strauss.
Ok, so what if they do? Is there a provision for arresting the officer
for civil rights violation?
Just placing this in print will not stop any harassment by the steroid thugs.
At least they are making it affordable.
I paid $25 to renew for the next 5 years, no classroom time, did it online in 2 mins.
We are making progress.
“Ok, so what if they do? Is there a provision for arresting the officer
for civil rights violation?”
In other places, the open carriers have recorded the illegal stop, sued, and received thousands in settlements.
Texas requires Constitutional Carry as soon as possible.
The 2nd Amendment is all the permit anyone needs. Much less a $25 permit to speak.. er.. keep and bear.
I'm glad some folks like it and it's getting better for them.
Some hotheads want the government to follow the rules. I happen to be one of those rabble-rousers.
Don't go to sleep yet. We still have Strauss to get rid of and Constitutional Carry to get recognized. ;)
/johnny
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