BREAKING: Texas Constitutional Carry Heading for the House?

Rachel Malone, founder of Texas Firearms Freedom (and TTAG Gun Hero of the Day), tells us that Open Carry remains stuck in development hell. The Chairman of the Homeland Security and Public Safety Committee has decided not to allow HB 375 out of committee despite . . .

hours of testimony in favor of the bill and a petition with 75k signatures calling for its enactment. HB 375 says if you’re qualified to possess a gun you’re qualified to carry it.

Instead, State Rep Phil King, former captain in the Fort Worth Police Department, is pushing HB 1911. A bill that allows a more restricted form of Constitutional Carry. Specifically, a Texan who wants to carry a firearm without a license must . . .

1. Be a legal resident of the state for six months
2. Be at least 21 years of age
3. Not a convicted felon
4. Not be CHARGED with a class A or B misdemeanor, equivalent or higher offense, or an offense of “disorderly conduct” within the past five years which includes
– “abusive, indecent, profane, or vulgar language” that is inciteful
– “offensive gestures” that are inciteful
– creating, by chemical means, a noxious and unreasonable odor in a public place
– threatening someone in an offensive manner
– unreasonable noises
– fighting in public
– discharging a firearm in public other than a range
– display of a firearm “in a manner calculated to cause alarm”
– discharging a firearm on a public road
– exposing your anus or genitals in public where someone might be offended or alarmed

Click here for Open Carry Texas’s comparo of the two bills. Ms. Malone urges anyone who supports unfettered Constitutional Carry to call Rep. Phil King’s office at 512-463-0738 and ask him to vote HB 375 out of committee immediately.

In any case, it’s pretty awesome that Texas has moved from no carry to licensed carry to licensed open carry to a debate over which kind of Constitutional carry to enact in just twenty-two years. Watch this space.



  1. avatar MyPrettyAR15 says:

    “– creating, by chemical means, a noxious and unreasonable odor in a public place”

    So someone who ate beans for supper is not worthy to carry a firearm? Here I am thinking the northeast is messed up.

    1. avatar Adam says:

      I can only imagine the court cases that will follow.

      Defendant: Your Honor. Officer Jones accuses me of passing gas in public but I counter that whoever smelt it dealt it.
      Lawyer: OBJECTION!
      Judge: I’ll allow it.
      Jury: Gasp in shock as the court case just got turned on its head.

    2. avatar Scoutino says:

      …While making unreasonable noises.

  2. avatar Marco says:

    Agreed. #freethekitty Also, mooning someone shouldn’t get your RBA taken for years.

  3. avatar barnbwt says:

    Get along, little dogies; heeyah! Faster, you congress-cattle!

  4. avatar Mark N. says:

    Rep King’s proposed law is far more restrictive than the law concerning concealed carry. What is he aiming for, putting a damper on the yahoos? And why is the law limited to Texas residents and not tourists and those passing through? What do you have to do to show that you’ve lived there for more than six months, a utility bill? Your lease or mortgage?

    1. avatar Geoff PR says:

      “And why is the law limited to Texas residents and not tourists and those passing through?”

      Residents use expensive infrastructure while tourists spend money and leave…

    2. avatar Garrison Hall says:

      What he’s really aiming at is pure statist manipulation of a fundamental right. Basically he’s empowering unelected bureaucrats (cops, judges, sundry regulators—virtually anybody with any policy influence—to determine just who can and can’t exercise a constitutional right. All it takes is for some petty official to determine that you are being “inciteful” (like demanding answers from a crooked city councilman) and you constitutional rights are taken away. In his view “constitutional carry” isn’t constitutional at all. Who is this guy kidding?

  5. avatar Kroglikepie says:

    So passing gas in public gives the .gov multiple reasons to suspend your RBA? Only in Texas…

    1. avatar JasonM says:

      …and Utah.
      Utah can revoke a permit for any offense involving alcohol or “moral turpitude”.

      1. avatar Adam says:

        Mormons and Christians. The left is trying very hard to be the new moral majority with their safe spaces and trigger words but the right isn’t letting up their anti-fun rhetoric anytime soon.

    2. avatar bLoving says:

      Pretty sure the “chemical means” specified didn’t include digestion – yeah, that one had me a bit worried too…

  6. avatar TruthTellers says:

    What the hell are “unreasonable noises?” Cracking your knuckles? Sighing loudly in a library? This is absurd, Phil King is a joke of a legislator.

  7. avatar jhmover says:

    So if I fart I made an “unreasonable noise” and created, by chemical means, a noxious and unreasonable odor in a public place?

  8. avatar DoomGuy says:

    And lemme guess, HB 1911 will only grant constitutional carry after a $150 fee plus police-style background check and fingerprinting that still goes on under the current system, plus mandatory training and only when you get your .gov-approved plastic card.

    1. avatar bLoving says:

      Yeah, speaking of that:
      I remember the news that Dan Patrick had gotten the fees down to $40 in the House, what’s the current word on that in the Senate?

      1. avatar DoomGuy says:

        I’ll have to look up on that. To me though that’s just him trying to throw us a bone so we’ll shut up.

        Dan Patrick, the worthless POS, is the reason Constitutional Carry went nowhere last session.

  9. avatar tmm says:

    What kind of constitutional carry? I vote for the real kind.

  10. avatar almostesq. says:

    “Not be CHARGED with a class A or B misdemeanor…”
    Oh this just screams constitutional law violation. So now we are depriving God given constitutional rights without full due process for those merely charged with a crime? I would just love to bring a federal law suit challenging this blatantly unconstitutional provision.

  11. avatar EJQ says:

    Called his office yesterday, right after I received Rachael Malone’s e-mail. Thanks, TTAG for posting the article.

    My son (legally) vapes. I had to ban his chosen flavor, blueberry, from the house, because I consider his choice to be an obnoxious smelling chemical. So, I’d call it noxious.

    We sometimes use language a little stronger that “gosh, darn it”. Okay, a lot stronger.. Just haven’t incited anyone….,yet. Am I supposed to punish myself by leaving my gun at home, or worry that any possible Moms Against Guns in the area can lip read and will report me to the Language Police? Sounds like my First and Second Amendment are circling the drain, due to the one fact that I own a gun. Yet, other citizens can stub their toe, and cuss up a blue streak. I’m just supposed to say “Ouch”.

  12. I love the big gov’t republicans of the south. If they’re not worried about who you’re in bed with, they’re worried about drinking alcohol on a Sunday, gov’t mandated trans vaginal ultra sounds, and nothing say smaller gov’t and liberty than the death penalty.

    If we could purge this country of northern liberals and southern conservatives, it would be an awesome place. Oh, and purge all of California.

  13. avatar Ralph says:

    Wut??? A person can be banned for “abusive, indecent, profane, or vulgar language?”

    I would like to direct this to the distinguished members of the Texas legislature: You lousy cork-soakers. You have violated my farging rights. Dis somanumbatching country was founded so that the liberties of common patriotic citizens like me could not be taken away by a bunch of fargin iceholes like yourselves.

  14. avatar EJQ says:

    When I called yesterday, I spoke to a real live human. My son called today, had to leave a message at about 3:00. Maybe the calls and e-mails are working, or they left early.

  15. avatar Libertarian says:

    The best bill was hb 560 this year but it s dead (joe strauss too 99999,999% as reason if you asked me)

    The best now can happen is only lower fees and the all legal knife bill

    I don t hold my breath on for constitunal carry in texas.
    In indiana and alabama yes but not texas

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