TX: Open Carry Passes Senate, with Dutton Amendment, on to Governor Abbott

Gun Watch ^ | 23 May, 2015 | Dean Weingarten

[marktwain]

Senator Whitmire, D Houston, during his non-filibuster filibuster.


I just watched hours of debate in the Texas Senate on Committee Substitute HB 910.  The Senate Committee had removed the Dutton amendment, that stipulated that the police could not stop you for merely exercising your right to carry openly, and ask for a permit or license.    Here is the amendment:

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.

The debate over this amendment, amendment 9 in the Senate, grew almost farcical at time.  Senator Whitmire, Democrat from Houston, a senator for 32 years, engaged in what amounted to a mini-filibuster.  It appeared clear that he was simply trying to delay, delay, delay.  It shows how incremental violations of rights lead to greater and greater violations of rights.  He made the claim that no probable cause needed to ask for a license, because  game wardens,  and people involved in maritime activities could be stopped and asked for licenses.   Those infringements on 4th amendment rights were being used to justify more infringements.

He said that he is not filibustering, as he is essentially filibustered.

He said that  African Americans are only 7 percent of CHL holders, thus implying that harassment of open carriers was not an important issue.

He must have know he did not have the votes, or he would not have kept blathering.  At the end he admitted the obvious, and said that he opposes the amendment, and would oppose the bill afterward.

Then Joan Huffman, a nominal Republican from Houston, got the floor and gave the a face to the term RINO.   She repeatedly tried to obfuscate about the amendment, in my opinion.  I lost all respect for her.   At one point, she said "No one is infringing on their second amendment rights."   I could have given her a dozen examples to prove her wrong, but I am not a Texas Senator.

Eventually she asked for a recess to print copies of an amendment.  Her five minute break  became over 30 minutes, only to withdraw the amendment to the amendment after a procedural challenge.  It appeared to be a calculated delaying tactic.  As much as she claimed otherwise, her actions seemed motivated by a desire to kill the bill.

Why was there such intense debate over this amendment, which legally, did very little?  Simple.  If the amendment passed, the bill did not have to go back to the house, and would go directly to Governor Abbott.  A vote for the amendment was a vote to pass open carry, with no more legislative games.  That is exactly what happened.
 
Finally, the Senate voted on amendment 9 and passed it 19-12.  Then they passed the third reading vote, 26 ayes, 5 nays.

Then they moved to suspend the constitutional three day rule:  26 ayes, 5 nays.

Final Passage:  20 ayes, 11 nays.  

Now the bill will go to Governor Abbott, who has pledged to sign it.  There will be a few days to meet the legal requirements, but it appears that open carry will become the law in Texas on 1 January, 2016.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

Watching the Texas Senate was an education. It will change how politics are done, as more and more people are able to watch their Senators in action.

[onyx]

Thank you for posting this!

[Licensed-To-Carry]

Nice but Perry is not the governor of Texas.

[Figment]

“TX: Open Carry Passes Senate, with Dutton Amendment, on to Governor Perry”

That should be Gov Abbot

[MEG33]

Gov Abbott. Perry is not our Governor now.

[GregoTX]

The headline should read Governor Abbott, not Perry. I realize the original article says that.

[South40]

Governor Mumbles is no longer governor.

Good for Texas, though.

[marktwain]

Yes, I screwed up. I have asked that it be fixed.

It says Abbott in the body of the article.

[marktwain]

Ping

Open carry goes to Governor Abbott

[txhurl]

Usually all our laws passed become effective Sept. 1?

[Oliviaforever]

“TX: Open Carry Passes Senate, with Dutton Amendment, on to Governor Perry”

Just proves that the news media in this country is incompetent as they don’t even know who is governor of Texas.

[MaxMax]

Governor Mumbles? I’ve never heard that one before. lol

[WildHighlander57]

TX: Open Carry Passes Senate,with Dutton Amendment,on to Governor Abbott

YES!!

[marktwain]

This one has a special provision in the bill:

SECTIONA54.AAExcept as otherwise provided by this Act, this
Act takes effect January 1, 2016.

[Jane Long]

Good deal....take that libs and RINO’s (like Joan Huffman)!

[Jane Long]

Lol...name three reasons why he’s called Gov Mumbles ;-)

[fella]

If the cops can’t stop you without cause for open carry then that is almost constitutional carry, which is what I want.

“An armed society is a polite society.”

[lormand]

Yes, it was so bad here in Texas under Governor Mumbles...been suffering so much.

[Manly Warrior]

Am I to assume that this TX open carry only applies to TX CHL holders?

In MO, (my state of residence) any CHL holder can open carry, but non CHL holders cannot carry at all, except in vehicles etc.

Soon I hope to see open/concealed carry w/o permit. I carry my Bible and free speech/assembly etc w/o permit....

[marktwain]

I believe it applies to any permit holder recognized by Texas.

Texas recognizes all other states permits except for Oregon, Minnesota, Wisconsin, Illinois, Ohio, Vermont, New Hampshir, and Maine, according to usacarry.com.

http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html

That would be 42 states recognized.