Monday, April 20, 2015

Modest Open Carry Reform Close to Passage in Texas

The massive efforts of the Texas open carry advocates, with thousands of open carry marches all over the state, seem to be about to pay off.  While second amendment enthusiasts may not get everything that they wish, they will have instituted a modest reform that moves Texas toward a return to the strong protections of a right to bear arms that it was born with.  Like the American revolution, the Texas revolution started with a distant government ignoring the rights of the people with an attempt to disarm them.    The original Texas declaration of rights of 1836 and the constitution of 1845 had strong right to keep and bear arms protections.  From the 1836 declaration of rights:

"Every citizen shall have the right to bear arms in defence of himself and the republic."
 and the 1845 Texas Constitution:
 "Every citizen shall have the right to keep and bear arms in the lawful defence of himself and the State."
Licensed open carry removes some of the infringements on those rights that Texas accumulated after the Civil War, or War of Northern Aggression, if you prefer.

The licensed open carry statute in the House, passed with 96 votes for and 35 against, 1 voting present.  From
CSHB 910, as amended, was passed to engrossment by (Record 279):
96 Yeas, 35 Nays, 1 Present, not voting. Yeas — Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen,D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Longoria; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Moody; Morrison; Murphy; Murr; Otto; Parker; Paul; Pena; Phelan; Phillips; Pickett; Raney; Raymond; Riddle; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Spitzer; Springer; Stephenson; Stickland; Thompson, E.; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White,M.; Workman; Wray; Zedler; Zerwas.
Nays — Allen; Alonzo; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Giddings; Guerra; Howard; Israel; Johnson; Lucio; Martinez; Miles; Munoz; Naishtat; Nevarez; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner,S.; Vo; Walle; Wu.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Alvarado; Clardy; Farney; Gonzalez; Gutierrez;
Hernandez; Herrero; King, K.; Leach; Marquez; Martinez Fischer; Oliveira; Paddie; Price; Smithee.  
Absent — Dukes; McClendon.
Most of the proposed amendments to the bill were tables (failed).  Here are the amendments that were proposed:

 Amendment 1 - withdrawn (change nursing home to nursing facilit)

Amendment 2  - Tabled (require a Texas CHL if a Texas domicile established)

Amendment 3 - Tabled (Pictogram of Handgun vs 3006 sign)

Amendment 4 -  Tabled (Extra restraints on holsters)

Amendment 5 - Tabled (requirement to conspicuously display CHL)

Amendment 6 - Tabled (requirement for liability insurance)

Amendment 7 - Tabled (CHL to cover other weapons 72-53)

Amendment 8 - Tabled (City of over 1,000,000 to be able to ban open carry)

Amendment 9 - Passed (Amended Amendment 8 to 750,000)  no real effect, as amendment 8 was tabled.

Amendment 10 -  Tabled (requirement to collect data on crimes involving handguns)

Amendment 11 - Withdrawn (Campus Carry, not considered germane to this legislation)

Amendment 12 - Tabled (only one magazine or clip allowed to be carried per handgun)

Amendment 13 - Adopted (change of wording, home to facility, essentially amendment 1)

Amendment 14 - Tabled (tighten reciprocity requirements)

Amendment 15 - Tabled (active defense; not clear as to purpose)

Amendment 16 - Tabled (enables detention and disarmament of handgun carriers to determine if they have a CHL)

Amendment 17 - Withdrawn (exempted school board members to allow carry for them in schools)

Amendment 18 - Adopted 98-2 (Max $200 fine for carry handgun  in prohibited area with 3006 sign, unless proof shown that they were asked to leave and did not, then it would become a misdemeanor)

 It is interesting to note, that while numerous amendments from the Democrates were allowed to be voted on and defeated, the amendment by representative Strickland, that would have make the bill into a constitutional carry bill, was not allowed to be voted on by the full house. 

There are a few issues that need to be worked out with the Senate.  It is expected that no substantive changes will be introduced, and the bill will be sent to Governor Abbot essentially as passed by the House.

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

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