Tyler Morning Telegraph – by Adam Russell
Recent open carry rallies around the state and country and openly carried rifles in grocery stores is pushing the discussion about the possible expansion of Texas’ gun laws.
Legislators expect the discussion to continue when the Texas legislature convenes and conservative members could guide an open carry bill successfully. But a local law enforcement official has his doubts about how open carry could affect the general public.
Texas law does allow open carry of a shotgun or rifle, including firearms described as “assault rifles,” such as AR-15s, as long as it is not done in a threatening or alarming manner. But gun rights activists want sidearms included too.
State Rep. George Lavender, R-Texarkana, filed legislation the previous two sessions that would have allowed concealed handgun license carriers to carry side arms openly. His bill made it out of committee but failed to make it to the floor for a vote the first time and languished in committee last session.
Lavender won’t be returning when the Legislature convenes in January but said several legislators have contacted him and are eager to carry similar legislation in the House.
“There’s a lot of momentum and interest among members and with support from the NRA and the (Texas) NRA out of that will be a few that will be able to pass it,” Lavender said.
Lavender said the law gives gun owners an option and sees it as expanding on the state’s concealed carry law rather than a controversial policy topic. Texas is one of only six states without a form of open carry law, he said.
There will be a gun-friendly governor whether Republican Greg Abbott or Democrat Wendy Davis wins in November, he noted. Sen. Davis has gone on record supporting open carry.
Local legislators say it’s likely a bill similar to Lavender’s could easily be navigated through the upcoming legislative session.
Rep. Matt Schaefer, R-Tyler, said he believes Sen. Dan Patrick, R-Houston, and Abbott, who are the GOP nominees and frontrunners for lieutenant governor and governor, respectively, will help the cause.
Schaefer said expanding current gun laws would create a more accurate representation of the Second Amendment.
“The likelihood (an open carry bill) would pass is better than ever,” he said.
State Sen. Kevin Eltife, R-Tyler, said he sees no problem with allowing concealed handgun license, or CHL, holders, or the licensed equivalent, to openly carry guns. He wants to see the legislation before he fully commits but said the CHL program’s success should allow for future expansion of gun laws.
Eltife said concerns or uneasiness from displayed firearms isn’t a valid argument because the program has been a success.
“People said there would be gunfights in the streets when we were debating conceal and carry, and that hasn’t happened,” he said.
David Frick, a local CHL instructor for almost two decades, said sensationalized stories and statements by fringe supporters don’t help the discussion. Neither do open carry rallies and protests, such as those in Dallas during the weekend, where open carry activists gathered with legal long guns, including AR-15s and other aggressive-looking weapons, he said.
“I’ve had the right to carry a rifle since around 1945, but I don’t carry it around here because I don’t want to get people upset,” he said. “Most of the people who want to protest are the crazies in the first place.”
If open carry passes in Texas, Schaefer said he doubts Texans would continue carrying long guns or sidearms openly in public. Gun owners might carry openly for novelty early on if such legislation became law but Schaefer expects they would revert to old habits because of convenience, he said.
But gun owners should have the option, he added.
Sheriff Larry Smith said he supports the concealed carry law 100 percent but has reservations about an open carry law passing from a personal and law enforcement perspective.
Open carry puts gun carriers at a disadvantage in an emergency situation, he said. It lets crooks know who is a threat. But it also puts officers in the position of enforcing the law if open carry is permitted as concealed carry is. If open carry isn’t permitted, it presents other problems.
“Law enforcement can’t look into the eyes of an open carry person and tell if they are a good guy or a bad guy,” he said.
Smith said he also believes open carry would make residents in everyday situations uneasy, whether it’s a child or people who aren’t comfortable around guns.
Frick said passage of an open carry law won’t make much difference to him. He would still carry concealed because of the scenarios Smith described.
But options are good for gun owners, he said. As the debate about firearms’ place in American society continues, Frick said he hopes sensible supporters of the Second Amendment are the voices heard above rhetoric from the right or left.
Frick maintains the old adage about the dangers of inanimate objects.
Cars can be dangerous because of the people behind the wheel, Frick said. The same goes for guns.
“If we understand that it’s the person pulling the trigger that’s the problem,” he said.
“Lavender said the law gives gun owners an option and sees it as expanding on the state’s concealed carry law rather than a controversial policy topic. Texas is one of only six states without a form of open carry law, he said.”
I’m curious. Why do we need an open carry law to begin with? What part of the 2nd Article “SHALL NOT BE INFRINGED” do you not understand? The mere talking about it is infringing on it. There is no need for a law. The 2nd Article IS the law. It’s done. It cannot be changed. That’s it!
““Law enforcement can’t look into the eyes of an open carry person and tell if they are a good guy or a bad guy,” he said.”
Well, then I guess they shouldn’t be police officers if they “fear for their safety” or maybe they should try and train themselves to be better ones instead of incompetent ones. Either way, it doesn’t matter what they think because they have no authority over us under the Constitution and Bill of Rights.
Another thing that always bothers me is why is it that they allow you to carry a big gun openly but not a small gun? Because you can see the bigger gun more visibly? What difference does size make if the criminal is still going to use it?