Constitutional Carry Bill in Texas

Open Carry
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Looks like the new Texas representative is wasting no time. Hope it passes.

https://capitol.texas.gov/BillLookup/Text.aspx?LegSess=85R&Bill=HB375

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Wonder if they can do these in English?

https://capitol.texas.gov/tlodocs/85R/billtext/html/HB00375I.htm

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To break it down, the bill will replace the wording in much of the penal code to allow carrying of a gun anytime anywhere without a license. And if a gun is found, there is no penalty as long as the person has no legal reason they shouldn’t have a gun.

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Stickland lead the charge on pro-gun stuff here in Texas last time 'round. We were backstabbed by some Republicans who made sure it never left committee even though it had the votes to pass.

Hopefully we can get around these anti-gun Republicans this time 'round.

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Good for them, it’s about time. Wisconsin had a CC bill that didn’t pass. The Gov stopped it. I believe it was a part of why he lost the election. Now with the crypt keeping taking over, Wisconsin won’t see any 2A rights restored any time soon. In fact, he’s blowing horns about tighter restrictions.

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^ That’s the part that worries me. This makes it subjective and up to individual discretion. You get an overzealous left-wing LEO, Chief, DA or ADA yo ass is getting prosecuted.

Don’t get me wrong I WANT this to pass but I just cannot see it doing so and even if it does I don’t trust anyone in the government to not find a way to screw us citizens—just look at their history. I would rather legally open carry then concealed without a license constitutionally just because I’m a little uneasy trusting the system. Maybe I need reassurance…?

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Cops can arrest you for anything and an overzealous DA can charge you with most anything. our legal system is so bursting at the seams with laws to create criminals that they can always create a criminal if they want one.

However, in order to prove in a court of law you had no legal reason you shouldn’t have a gun, they would have to point to some sort of law (like being a prohibited person through a felony) to successfully convict you of a crime.

We had the votes to pass it last time - it was just killed in committee because they never put it on the calendar.

By the way, this doesn’t repeal the Conceal Carry License law. People can still go get a CHL. It simply removes the requirements to carry a handgun in public and makes it like carrying a rifle in public - which can be done in Texas without a permit. That’s the reason why the Texas Open Carry movement carried rifles. It was done to illustrate the absurdity of Texas laws because I can legally carry a long gun around wherever without a license, we just couldn’t do the same with a handgun.

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Thanks for the reply and clarification Brian. Perhaps I’ll still get my LTC (CHL) anyway so I can forgo the 4473 going forward. :smiley:

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Mister_Torgue:

Hmmm, I am confused by your comment. I am pretty sure the 4473 is the standard form we all have to fill out, regardless of what state you live in and regardless of whether you have a carry permit, or not, for when we are purchasing firearms of any kind thru an FFL.

If my assumption is correct, then getting your carry license will not allow you to forgo the 4473.

Still, it is helpful to have the carry permit and please don’t let me discourage you from getting one.

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While I agree we shouldn’t have to have any permit to carry they do save you from some trouble. Here in Missouri we can carry concealed without a permit but if you are at a place that is posted no carry with out a permit and get caught you can be charged with a felony. With a permit all they can do is ask you to leave.

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@JohnB

Everyone I’ve gone to purchase or transfer a firearm from my FFL or Cabelas they ask if I have my LTC in lieu of filling that out. So either they aren’t telling me something or I’m misconstruing their words.

But that’s not related to this discussion. Heh.

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Which is why Texas isn’t doing away with the CHL license in its entirety. It’s just doing away with the requirement for a permit to carry in Texas.

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Mister_Torgue:

If you don’t have the concealed carry permit, there typically is a waiting period (at least for handguns, sometimes also for rifles and shotguns), before you can actually take delivery of the firearm.

If you have the concealed carry permit, you might be able to take immediate delivery of the firearm.

That is why they ask.

The form 4473 is an ATF form - (I believe it…) should not be impacted by what state you live in, including the need to fill it out, or not.

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In CA, doesn’t matter if you have a CCW or not, you have to wait the 10 days. And you have to fill out ALL the forms.

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Pretty sure FL just did some dumb crap like this, the only tiny light for me is most of my FFL items are mailed,(gunbroker wins/buys) the mailing time counts from the purchase date.

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Next one I buy in a store I’ll find out. Or I’ll ask just to see.

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I have always had to fill out paperwork for a firearm purchase even with a License to Carry in Texas. There is no waiting period in Texas as long as there’s no problem with papers regardless of LTC.

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ArmedEyeDoc:

Thanks for the info.

ALL:

Apparently, the advantage of having the LTC when buying a firearm in Texas is that it saves the FFL dealer from having to do a background check (and saves the LTC buyer the cost of that background check).

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Ok that’s the missing info I didn’t have. Thanks @ArmedEyeDoc & @JohnB.

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Festus:

For Florida, having a concealed carry permit allows you to skip the waiting period - you get to take immediate delivery of the firearms(s) after passing the mandatory background check.

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