Texas House Committee Passes Open Carry Handgun Bill - Is this a good idea for Texas?

NOTE:  This article is about a bill in the 2011 Texas Legislature.  That bill did not clear Calendars and did not become law.  See new story about 2013 HB 700 in the current legislative session for updated information.

The Texas House of Representatives Committee on Homeland Security & Public Safety passed HB 2756 out to the floor for a vote by the entire House of Representatives.  The bill basically removes the word "Concealed" from the "Concealed Handgun License" allowing a person with a Handgun License to carry the firearm either concealed or exposed (Open Carry). The bill was introduced by Rep. George Lavender (R - Texarkana).

Many will see this as a victory for 2nd Amendment supporters, but the bill falls short of what is called "Constitutional Carry" which would allow open or concealed carry, with or without a license as is permitted by many states including Alaska, Arizona and Vermont.  The term Constitutional Carry refers to the 2nd Amendments statement that the right to keep and bear arms shall not be infringed.

I was attending a law enforcement conference this week in Dallas and had the opportunity to ask many police officers and other firearms industry professionals their opinion of the prospect of open carry of handguns in Texas.  Most officers I spoke with opposed the open carry bill, but for a variety of reasons.  None of these reasons had anything to do with opposing civilians carrying guns.  The concern was more related to the extra training or experience that should be required or necessary in order to openly carry a firearm.  This mainly revolves around weapon retention.  Others opposed the issue saying it takes away the tactical surprise of a concealed weapon.

Other officers spoke in support of the legislation with a couple of different perspectives.  One officer told me he would rather see the firearm exposed than concealed from the standpoint of officer safety.  He said "I would rather know up front what I am dealing with when I apporach someone".  Yet another officer told me he felt open carry might deter crimes from occuring citing the intimidation factor of a robber walking into a store or bank and seeing two or three people openly carrying weapons.

I spoke with one of Texas's leading holster manufacturers and a leading personal defense trainer, Brian Hoffner from Houston.  Hoffner is a strong believer that every law abiding citizen should carry a firearm.  He said however, "I believe this bill is unnecessary.  Open carry removes the element of surprise from the person carrying the firearm and transfers it to the bad guy."  He continued, "The action vs reaction time advantage shifts dramatically to the person committing the crime."  This can be a matter of life and death in this type of situation.  He also stated that the average civilian does not have the training or experience to be able to retain an exposed weapon if it is unexpectedly challenged.

Having carried open and concealed in New Mexico and Arizona, I can tell you I much prefer concealed carry. Carrying an exposed handgun in a convenience store or other public place makes me feel very vulnerable as I must then be constantly aware of who is close enough to me to take away the gun and use it against me or someone else.  Open carry takes away your ability to decide when and more importantly, if to introduce a firearm into a given situation.  You lose many options if the bad guy knows you are carrying.

Whether you support or oppose this bill, now is the time to let your legislators and state senators know how you feel as it will be coming to a vote soon.

Of course, lefties would ask why a citizen would every want to carry a handgun.  Perhaps one of the best answers I ever heard to that question came from my business partner at Blue Wonder Gun Care Products, Will Thompson when he said, "You just never know when you are going to run into a really well armed chipmunk!"  Will, here is he!

 

Comments

I also do not wish to openly carry my firearm, as I wish to remain inconspicuous about where my firearm is kept.  However, taking away the possibility of a person with a CHL being arrested because some one saw his gun is what I think NEEDS to happen now.  I carry a gun not because it makes me feel safe, but because it can save my life in the unfortunate event that some nut or criminal decides he or she does not wish any witness to his or her crime.  Any yes, I do practice with my weapon often - much more often than 90% of the police officers do.  I realize that the law states "unintentional" failure to conceal your firearm, but I do not want a judge and jury determining wheter or not I unintentionally failed to conceal my weapon.  I will vote for open carry, but I will carry concealed.

Folks, not all Dems are anti-gun, just the uninformed and untrained ones.

My first point is for the anti gun folks there:  Why carry a handgun?  Well I have driven a car for over 30 years and I always carry a spare tire.  I have never planned to use the spare tire but if it were needed, I know it is there and I have been trained in how to safely change a tire.

Secondly, as mentioned earlier TRAINING is key.  There are some great folks out there like Brian Hoffner who can train you in how to safely "change a tire".

Thirdly, while I disagree with many of my Dem representatives I feel concealled handguns have an fatal flaw: out of sight, out of mind. As long as we do not see it, we forget the threat is ever present.  All it takes is one person who open carries to cause a perp to re-evaluate the threat level.  If one gun is seen, how many more do I not see?  Hopefully, this will cause the individual to look for a targer and situation that is less detrimental to his/her existance.

If the bill passes, consider a secure holster:
http://bianchiconcealedcarryholsters.com/

I hear Hoffner's is looking into a similar design so I anticipate seeing it soon.

Just spoke with Rep. Lavender's office.  They are trying to get it on the calender by midnight Thur and if you have not does so, call your rep and urge them to do so if you would like to see this move forward.

I'm getting tired of the old argument that the average CHL doesn't have nearly as much training as the average cop. I've personally taken on a lot of training, including law-enforcement only training since I'm lucky enough to be friends with a law-enforcement instructor.
In any case, during my first class with him (which was a basic handgun class and not restricted to LE), we fired several hundred rounds each during the course of the day. At one point he announced to us that we had now fired more rounds than a police recruit shoots in the entire course of the police academy, thanks to budget cuts in today's economy. The poor hit rate of police officers in shootings speaks to their lack of training, as well as the fact that the sole reason for SWAT teams to exist is because regular beat officers do not receive sufficient marksmanship training.
This is not meant to be against cops - it's the politicians' fault they don't get enough training, not theirs - but my point is to save the time-worn "CHLs don't have as much training as police" argument for someone dumb enough to believe it. 

Does anyone have an update on this bill? 

UPDATED JULY 27th 2011 http://www.legis.state.tx.us/BillLookup/BillStages.aspx?LegSess=82R&Bill...

As a combative weapons instructor, I am glad to see this on the frying pan.

I hope this bill passes. When does it go to vote?
                                                      Kimberly Froelich

IF YOU HAVE OPEN CARRY IT GIVES A PERSON THE CHOICE TO CONCEAL OR OPEN CARRY. THATS WHAT FREEDOM IS ALL ABOUT THE RIGHT TO MAKE A CHOICE! GOD BLESS AMERICA AND OUR CONSITUTION.

What's going on with this Bill? It was Aye'd by 5 and Naye'd by 3... Does that mean it failed?  It's been forever since anything has happened on it.  Can we re-submit it?  Sgt Charlie

The bill made it out of committee.  The process from there is it moved to the Calendars committee where it would be scheduled to be voted on by the members on the floor.  The bill never made it out of committee and like all other bills that didn't get voted on, died in the calendars committee.  It will have to be reintroduced in the next legislative session in 2013 as a new bill.

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