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PAGE NINE No. 152 -- SPECIAL
December 31, 2015 -- New Years Eve

Open Carry Comes to Texas
140-Year Drought Ends
Will the "yahoos, bubbas & bubbettes" spoil it for the rest of us?

There's more to open carry than
strapping on your six gun and parading around town.

Must you wear your undefined
"shoulder or belt holster"
or just have it with you?


COMPLETE PLAIN-ENGLISH DESCRIPTION
OF THE ENTIRE NEW LAW



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Author Alan Korwin
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----:::----




CONTENTS

1- Texas Open Carry Law in Plain English
-- Comments on the Texas Open-Carry Changes
-- Compete technical description of the 15-page law

2- Talking Points for legislators on 30-round magazines

3- Look and see...

...and may 2016 be everything you want it to be.
Alan.

----:::----

Texas Open Carry Bill HB 910
Effective January 1, 2016

Texas Open Carry Overview

After 20 years (1995-2015) the familiar Texas Concealed Handgun License (CHL) officially changes to a Texas License To Carry or LTC -- because it now protects both discreet and open carry of sidearms.

Bit by bit, the lost right to bear arms in Texas is being restored -- at least for those with government carry papers -- after decades of near-total infringement. Texas now has 826,000 license holders, a source of pride to many, but it means 97% of all Texans' rights remain infringed -- carry without papers remains banned in Texas. Still, it is a step in the right direction, for the pro-rights side (the left dislikes this liberty intensely).


As Texas joins the rest of the nation in varying degrees of freedom to bear arms in public, I advise caution while the kinks are worked out, authorities get used to the new standards and procedures, social norms develop, shop keepers acclimatize, the public gets used to the new normal of open carry, some bad apples test the limits of endurance and civility (not recommended), and a few of you become test cases to clarify the gray areas. Even here in Arizona where I am, with free (paperless) open carry legal since statehood in 1912, there's a little more to it than just putting on your boots.

Do your best to avoid being a test case. The anti-rights advocates out there and some authorities will be looking for the very worst examples to make into test cases, to hurt our rights, make gun owners look bad in public, and set precedents that limit exercise of the Second Amendment. They'll be seeking to "prove" the BITS myth -- blood in the streets -- like they tried in vain when CHL passed. Don't argue in public while armed.

Especially in the early days of open carry, watch out for each other and be on best behavior. We don't live in the same wild west any longer. Belligerence or anything less than calm civilized behavior while you're reasonably well dressed and carrying openly is an invitation for scrutiny and attention you would do best to avoid. I'm being nice about that (from a state that now enjoys full Constitutional Carry). Go slowly as you test the waters.

Open carry has advantages, especially the "inoculation effect" on the uninitiated, when they see reasonable people going about business politely armed. Because you can switch over as circumstance merits, your carry options grow. Criminals get the message, and things get better (despite lunatic ravings... in the "news" media).

But if I'm open, I am constantly on alert for a grab (exhausting), and I know I've given up tactical advantage, along with all the chilling glances open carry attracts like super-conducting magnetism. So I need a reason for it, like convenience on a range trip, or any of the many open carry banquets ("tasteful open carry appreciated"), political meetings and other events where it's the modern normal. Like...

Gunburger -- coordinated meals out, arranged periodically with like-minded people at gun-friendly restaurants work well, and the joints love the revenue from good people. "Safest room in town." Otherwise, discreet wins out usually. Why be a target, attract eyeballs and hostile gunfire.

It's a double-edged blade to be sure. Sure, while it's new and you try it out, what an experience. Some acceptance, some disapproval, some fearful departures from your sight, some high fives and thumbs up, a woman clutches her child, talk about a conversation starter. Trying to act natural around traffic cops even when you know you've done nothing wrong... amplified ten times when you're both wearing loaded guns... where do you put your hands... let's chat about it next time we're together.

P.S. Reporters will seek you out for a while, many are snakes who will act nice and bite. Read this, on how to handle hostile interviews: https://www.gunlaws.com/HostileInterviews.htm


DESCRIPTION OF ALL THE CHANGES

-- Delete the word "concealed" in 60 places in 50 Texas gun laws. The round numbers are a coincidence. This has the effect of changing "a license to carry a concealed handgun" to "a license to carry a handgun," a simple, elegant way to revamp all the laws. The list is in the statute itself:
http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB00910F.htm

-- In The Texas Gun Owner's Guide https://www.gunlaws.com/tgog.htm, change every occurrence of "CHL" to "LTC."

The actual changes, in the order they appear in the bill, HB 910:

-- Statute GC §411.188(b): The classroom portion of LTC classes, going forward, must now teach: "use of restraint holsters and methods to ensure the secure carrying of openly carried handguns." GC §411.190(b) gets a similar change. Those terms are not defined, and DPS will no doubt develop instructions about this for LTC trainers. Use of restraint holsters is not required, just teaching about them. People with current licenses, which become LTCs automatically, don't need to go back to class. New licensees and renewals will get the additional instruction, and the look of new licenses will change.

-- OC §1702.206(b): A personal protection officer who is not in a security officer uniform must carry concealed, and if in uniform must carry openly.


TRESPASS, AND KEEPING GUN CARRIERS OUT

-- PC §30.05(f) It remains a defense to prosecution -- not an exemption from law -- to be armed, openly or discreetly even with a license, on someone's property where they ban gun possession without consent and you fail to leave (trespass). What this means is you can be charged with trespass while armed and get to defend yourself in court. You can produce a valid license, the "defense to prosecution," to get off (or suffer consequences).

When you are carrying discreetly your risk is obviously reduced. If you are carrying openly though, your exposure is evident, and you could be charged more easily, and "tell it to the judge." An officer has no duty to resolve your case for you, just to charge you. If asked to leave be smart and do it.


THE NO-GUNS SIGNS

-- PC §30.06 is amended so armed trespass with an LTC while concealed is a Class C misdemeanor with a maximum $200 fine, unless you refuse to leave when told orally, which makes it a Class A misdemeanor, up to one year in jail and a $4,000 fine.

-- The PC §30.06 concealed-carry trespass sign is amended so the sign or card only applies to licensees carrying concealed (a new §30.07 sign covers open carry). Because statute says the sign must be precise and it is now slightly different, all existing signs are flawed (they do not give proper notice), and so will have to be replaced if they are to ban LTC entry.

-- A new section, PC §30.07, is added to introduce trespass by people carrying openly, basically similar to concealed-carry trespass. A §30.07 sign or card says:

-- "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"

-- Like the §30.06 sign, this must be posted in contrasting colors, in block letters at least 1-inch high, in English and Spanish, posted where it is clearly visible at each entrance. Places that want to keep guns out must now post both §30.06 and §30.07 signs.

-- The rules for guns in places that serve alcohol (the "51" signs) are not affected. If the place exceeds the 51% alcohol revenue rule, no guns, if less, it's their option.

-- If other states' experience is an example, you will see many signs spring up, including many total bans, some encouraging armed patrons and some welcoming concealed only. Similar to the change to discreet carry, trespass by a licensee while openly carrying is a Class C misdemeanor with a maximum $200 fine, unless you refuse to leave when told orally, which makes it a Class A misdemeanor.

-- It is not a defense to prosecution that you were properly carrying in a shoulder or belt holster. The ban on carrying openly does not apply to property owned or leased by a governmental entity if it is not a premises or other place on which the license holder is prohibited from carrying the handgun under §§46.03 or 46.035 (the long list of prohibited places, found on pages 31-33 in The Texas Gun Owner's Guide).

What this means is government facilities, as a general rule, are not off limits. Clarifying a confusing gray area, a state attorney general's opinion declared that, when a court proceeding is held in a government facility, only the court portion is off limits, not the rest of the facility. Do yourself a favor and get The Texas Gun Owner's Guide https://www.gunlaws.com/tgog.htm so you have all the lists and details.



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-- So now that you're carrying open:
Do you know all the threatening, brandishing, intimidation laws?

The Texas Gun Owner's Guide https://www.gunlaws.com/tgog.htm


"VEHICLE LEGAL"


-- PC §46.02(a-1) is amended, so the former offense of intentionally, knowingly or recklessly carrying a handgun in plain view in a motor vehicle or watercraft you own or have under your control, is eliminated -- if you have an LTC and you are carrying in a shoulder or belt holster. In plain English, a shoulder or belt holster makes fully or partially visible handguns "vehicle legal" for land and water vehicles.


WEARING IT

-- The statute does not use the word or require wearing the holster, and other parts of statute distinguish clearly between having a handgun on or about you, or having one holstered. For example, the law controlling guns in "bars" distinguishes between guns on you, about you, concealed, and holstered two ways (PC §46.035(b)), and the campus-carry ban also notes a difference: "regardless of whether the handgun is holstered, on or about the license holder's person" (PC §46.035(a-1).

The implication is strong: whether you wear the holster or not, the law affects it while you possess it "on or about you," but the point could be adjudicated and very well may be. The person whose name goes on that case will go through years of very expensive agony and get indelible history, win or lose.

Some commenters have assumed the holster is worn, and some officials appear to want it that way, a conclusion not supported by the current language. The extra freedom of having a holstered gun that isn't worn on your body proves valuable often, especially on a day when you switch back and forth from open to discreet to vehicle storage for entry into a place that denies your rights. That sort of blatant civil-rights discrimination (denying entry) causes massive screaming from the "news" media and outrageous protests from some segments of society, but not for this specific, enumerated, fundamental constitutional right to bear arms. Yet.

A holstered but carried (non-worn) gun is common when bringing a firearm to a friend, the range, for putting on later especially with clip-on holsters, or when transporting more than a few firearms. This last point seems overlooked in the heady buildup to Day One when people seem so eager and focused on trying out this new fangled freedom. Even seatbelts interfere with wearing holsters, as many Texans are about to find out, making clip-ons and paddle types on a passenger seat more common (note to stores -- stock up!).

-- PC 46.035 is amended, to provide an exception to the offense of (former CHL) intentionally letting a handgun show in public, if the person is an LTC and the firearm is in a shoulder or belt holster. Basically, you can carry openly where you could formerly carry discreetly (watch out for specified schools), but while you can carry discreetly in any manner (free of holsters), open carry requires the shoulder or belt holster.

NOTE: The uncomfortable wording here provides "an exception to the application" of the offense, instead of properly eliminating the offense altogether. It's a bald affront to the Second Amendment. Letting a gun show is not a true crime. Banning that is infringement, and the responsible parties earn punishment, not the public. Brandishing a gun intending to cause a negative reaction ought to be chargeable. But if letting a gun show inadvertently causes someone dread where none is actually warranted, remedial education, or counseling for that person is always an option. Bearing arms is not some right hidden in penumbras and emanations. Folks used to have such biased reactions when people of color ate at lunch counters. It's time for such prejudice to be recognized for what it is, and end.

-- (a-1) Also in this section, we have the new offense of intentionally letting a properly open carried firearm show at an institution of higher education or private or independent institution of higher education, or on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of such a school.

This means these schools will be concealed-only zones, when SB11 takes effect for campus carry on Aug. 1, 2016 (for 4-year schools) and Aug. 1, 2017 (for 2-year schools) under school rules that are still being worked out. Concealed carry remains the rule on the ancillary areas around those schools, unless a school activity is taking place there, according to a recent attorney general opinion.

====

SIDEBAR 1:
So do you have to be actually wearing the shoulder or belt holster to legally have a sidearm with you? Or can you just holster it and make it openly legal? It's an obvious question for a test case. If I was the judge and I wanted a protective approach to Texans' precious right to arms, I would read the law precisely, and as long as that gun was in anything that could remotely pass for a shoulder or belt holster, even an ankle holster attached with a short belt, I would find it perfectly legal anywhere in a vehicle or possessed, stop bothering these good people officer. Next case. [I'm not a judge, this is not legal advice, we're just citizens discussing an issue of common interest under the protection of the First Amendment.]

On the other hand, if I hated guns, thought all you rabble are too dangerous to have guns, and I know better than you all, I would read the law precisely and know the legislature clearly intended belt and shoulder holsters to be worn as belts and on shoulders, so unless they were perfectly fitted through belt loops with the latest best retention models as I judge them, you would be in violation, bring in the next victim. This is called: "A nation of laws."


SIDEBAR 2:
The §46.02 Problem. Intentionally bearing a handgun in public is currently illegal under Texas statute. The statute goes on to provide a list of exceptions. An apparently direct violation of the U.S. Constitution (which brooks no infringement), it is so ingrained in Texas it is sometimes hardly noticed. Because your right to bear arms should be inviolate under the U.S. Constitution, state law ought to go no further than to outline and provide punishment for the crimes that can be committed or enhanced with firearms, not outlaw the basic right and then carve out exemptions. Too late.

This leads to the current problem with the LTC law. The license gives you an exception to the crime, but anyone seeing you openly armed can't tell by looking that you have the exception. By appearance you're in violation. Sacre bleu! Sorry, press 1 for English (I had this French girlfriend, it's a long story). Should LEOs routinely stop folks on the street, ask everyone, no one, spot check, profile the bubbas, look for probable cause, seek articulable suspicion... should you wear your license in a plastic convention badge holder? Nah. Maybe?

Police aren't sure how to handle this, and they are not unified on the point. It's complicated. Look it up on line. I'm waiting to see it how it comes out. Don't be the test case. But I repeat myself.

This update will be available as an easy-to-print insert for your copy of The Texas Gun Owner's Guide https://www.gunlaws.com/tgog.htm in a few days, after comments come flooding in. Just reply to this memo.

Look at the updates to the Texas gun laws for the last 15 years right here:
https://www.gunlaws.com/updates.htm

Get my 12th book, After You Shoot: Your gun's hot. The perp's not. Now what? https://www.gunlaws.com/AYS.htm, virtually as important, so you don't end up in more trouble than the crook.







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UNSCHEDULED ITEM: ARAB COOPERATION


Let us agree to stand with our Arab brothers and sisters in Saudi Arabia, United Arab Emirates, Qatar, Kuwait and Bahrain, and implore our Arabic-named president Barack Hussein-Obama for sympathy and to follow their lead toward their fellow Arab refugees, for the same reasons the Arabs intelligently express. They understand, and being so much closer to the problem, are in the best position to judge and establish a rational policy. http://tinyurl.com/pcf6s2p

These Arab nations refuse to accept any of these refugees due to the threat of jihad they pose, what our media prefers to call terrorism. Perhaps
more important, moving these people halfway around the world at enormous expense to a totally alien environment where not even the language, food, clothing, housing or customs are familiar is cruel and unusual, and frankly, bizarre.

P.S. The irony of governors using Executive Orders and Executive Action to halt forced federal immigration, where the governors' powers are less than explicit, is exquisite. Taking their examples from our own glorious leader, it absolutely  highlights the "news" media's hypocrisy and convulsions -- having to denigrate these actions while championing Hussein-Obama's identical approach. A joy to behold.


=


INCONVENIENT REFUGEE FACTS
(corrected)

Our super security specialists assure us on the "news"
Syrian refugees are vetted and they're all clean, good to go.

That DOES NOT include the 400,000 (not 6,000) people sneaking into America,
unattended, across our southern border too. They tip the ratio.
(FULL STORY ran in my last Page Nine)

Border Patrol has told the "news" media that apprehensions are "Down"
hooray we're winning, and the papers have repeated that, no questions asked.
BP still agrees for every 400,000 captures 400,000 get through (1 for 1).
Critics say 800,000 get through (2 for 1). Cynics say it's higher. Quien sabe.

Correction: My prior report said 6,000, the correct number is 400,000+, from Border Patrol.
My apologies for the error, proving again, despite the rumors, I'm only human.
Border Patrol indicates those figures are from 2012 forward, with a 28% drop this fiscal year,
which would work out to "only" 288,000, if the drop trend  holds until year's end.

How does that stack up with the 100% vetting success rate Jeh Johnson wants you to believe?
10,000 Syrians plus-or-minus 400,000 completely unknown, who don't count.

Front cover of (our Arizona "state" newspaper, aptly named), Nov. 28, 2015
"This is what a refugee looks like" (pretty picture of nice family at home is shown):


American Newspaper “Reality”

ARIZONA REPUBLIC 11/28/2015

Only 2% are military aged men, we're told.

This is what refugees flooding into Europe from Syria really look like
(not in the newspaper, one of hundreds of images posted on the web):



Actual Reality
SYRIAN REFUGEES ENTERING EUROPE


They have no papers, no records, no cares about you.

Give me your tired, your poor, your huddled masses,
yearning for sharia law.

This is why no one trusts the "news" media any longer.


----:::----


UNSCHEDULED ITEM:


Religions like Christianity and Islam, and books like the Quoran and Das Kapital have been responsible throughout history for more deaths and horror than all the criminal and negligent gun problems America has ever seen. Yet no one would suggest issuing permits for religion or writing. Why then can anyone justify issuing permits for gun ownership, which like religion and the press, is a fundamental right guaranteed by the Constitution? How can it make sense to put that power in government hands, when governments kill more people than any other force on Earth?


----:::----


UNSCHEDULED ITEM:


ANDERSON COOPER: Which enemy that you made during your political career are you most proud of?

HILLARY CLINTON: Well, in addition to the NRA, the health insurance companies, the drug companies, the Iranians; probably the Republicans.

Can you believe that Hillary is proud to call half of America her enemy? How does she expect to lead our nation if she called its citizens her political enemies?

----:::----

UNSCHEDULED ITEM:



"gunman" = sexist, non-gender neutral, offensive and demeaning to men and guns, only used by reporters who are prejudiced seeking to denigrate firearms and lack respect or ethical training. Accurate alternate: murderer, which includes the heinous connotation of the reprehensible committed acts, and in no way glorifies or encourages copycats.



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THE ALAN PACKAGE DEAL!

Get (or give!) Alan Korwin’s best-selling national titles, and save money too.

$112.75 if purchased separately -- but only $69.95 for the set -- Save $42.80!
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 Just enough humor and irony to keep this lighthearted.

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Individual descriptions here




----::::----




ILLEGAL BORDER CROSSERS, Per Month, 2014

Source: U.S. Border Patrol.
486,651 in 2014, "but it's down from last year"
--and that's only the ones we caught.

Page Nine correspondent C.D.T. wisely notes that reductions in captures may only indicate
reductions in enforcement. If Border Patrol were to pack up and go home, he points out,
captures would drop to zero -- and "officials" would likely jump for joy,
with "news" media proclaiming that as victory!



100% non-muslim warriors? --  2% males of fighting age?
The government and their media lapdogs are lying to you.

Find the real Arab refugees


----::::----




30-ROUND MAGAZINE TALKING POINTS
For Legislators

by Alan Korwin

Legislators asked me to prepare talking points refuting the arguments against 30-round magazines; The Daily Caller has published my full list: depriving us of gear as a way to stop murderers is misguided, puts you at risk, and is a thinly disguised effort to get to zero-round magazines -- in the false dangerous belief that disarming innocent people will finally disarm criminals.

http://dailycaller.com/2015/12/18/korwin-talking-points-for-the-30-round-magazine-debate/


----::::----




Gun Myths Endlessly Adopted, Abandoned by Left
Perpetual effort to ban guns goes from crazy to crazier

by Alan Korwin

The effort to come up with sane gun policy is hindered by a flow of myths that arise and are abandoned, a function of left-wing fear and ignorance, which needs to stop. Media eagerly backs each myth as if it's real, then abandons it quickly when it's exposed as absurd, and dutifully moves on to the next one. Remember "waiting periods," the ultimate gun solution (for "crimes of passion")? One-gun-a-month? BITS -- "Blood In The Streets" if we allow CCW permits nationwide? It's a long list, here's Part I.

http://dailycaller.com/2015/12/21/korwin-americas-real-gun-problem-the-gun-myths/



----::::----


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http://dailycaller.com

Men's News Daily http://www.mensnewsdaily.com
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http://www.worldnetdaily.com
GunsAmerica http://www.gunsamerica.com
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http://westernfreepress.com
Before It's News
http://www.beforeitsnews.com
AmericanConservativeDaily
http://www.americanconservativedaily.com
Soldier of Fortune http://www.sofmag.com/news/index.html
Examiner.com
http://www.examiner.com
The Libertarian Party
http://www.lp.org
American Daughter
http://frontpage.americandaughter.com/?cat=100
USA Carry
http://www.usacarry.com
AmmoLand.com http://www.ammoland.com
Jews for the Preservation of Firearms Ownership
http://www.jpfo.org
Armed Females of America http://www.armedfemalesofamerica.com
The Eco-Logic Powerhouse http://www.freedom.org
The Libertarian Enterprise
http://www.ncc-1776.org/
The Fifty Caliber Institute
http://fiftycaliberinstitute.org
Shotgun Sports
http://www.shotgunsportsmagazine.com
The Ryter Report
http://www.jonchristianryter.com/RyterReport/headlines.html
Righty Blogs
http://www.rightyblogs.com
Outdoor Life (blog)
www.outdoorlife.blogs.com/thegunshots/
PrisonOfficer.org
http://forums.prisonofficer.org/
The Arizona Conservative
http://www.azconservative.org
Sonoran News Newspaper
http://www.sonorannews.com
The Payson Patriot Newspaper
http://www.paysonpatriot.com
The SanTan Sun
http://www.santansun.com/santan_home.htm
Ed Phillips' Arizona Almanac (Radio)
http://www.azalmanac.com
Wilson County News, Floresville, TX
http://www.wilsoncountynews.com
NYS Rifle & Pistol Association Newsletter "The Bullet"
http://www.nysrpa.org
Buckeye Firearms Association
http://www.buckeyefirearms.org
Western Missouri Shooters Alliance
http://wmsa.net
Virginia Liberty
http://lpva.com/HTML/vaLibertyArchive.htm
Chelsea Rod & Gun Newsletter
http://www.chelsearodandgun.org
Read It Here News Prescott
http://www.readitnews.com
The Arizona Republic http://www.azcentral.com
The Conservative Brotherhood
http://conservativebrotherhood.org
The Truth About Guns
http://www.thetruthaboutguns.com
Off The Grid News
http://www.offthegridnews.com
The Power Hour
http://www.thepowerhour.com


LINK REQUESTERS:
If you're like some folks who ask if they can link to or forward my stuff, the answer is YES! and I'm honored by such interest. You can use the PageNine logo or any art from my site, with my thanks and appreciation.
https://www.gunlaws.com/PageNineIndex.htm
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CHECK OUT OUR CATALOG!
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Click for eBooks!

https://www.gunlaws.com/books22-ebooks.htm


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WHY HILLARY WON'T BE INDICTED



I found 10 good reasons why Hillary won't be indicted, all counter-intuitive,
starting with: Because she's guilty. Townhall.com ran my entire list.
http://townhall.com/columnists/alankorwin/2015/11/16/why-hillary-wont-be-indicted-n2081400



:::-—-:::


INCLUDES THE COMPLETE UPDATE!
More Important Then Ever:
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LOTS OF OTHER COOL BUTTONS TOO!



Alan Korwin
Bloomfield Press
"We publish the gun laws."


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