Texas Open Carry Derailed. Temporarily.

(courtesy thelastbastille.files.wordpress.com)


TTAG reader DH writes:

For those interested in today’s aborted Texas House vote on Open Carry asking WTF just happened, here’s the skinny: turnabout is fair play. Or as they say “%$* me…no (*&[email protected]# you…” . . .

Apparently, a computer error messed up the witness lists (basically who testified on, for or against) for over a hundred bills.  Knowing this, and that Rep Phillips wasn’t going to accept many if any amendments to his bill, and that a majority already existed amongst the co-sponsors, Rep Trey Martinez-Fischer (D- San Antonio) called a point of order.

This was sustained, because he was in fact correct and the list was in error.  The bill was returned to committee for correction.  So, now I’ll see your point of order and raise you a point of order.

Unfortunately, for the opposition, the 84th Legislature convened at ten this morning. Rep Phillips, Chair of the Homeland Security and Public Safety Committee and Author of record for HB 910, convened his committee at 0800 and recessed after an hour and fifty minutes so members could attend the business of the floor.  The committee would then reconvene after the floor adjourned.  Normally, a public notice would have to be made for a committee hearing.

Since he had not adjourned, and this was considered pending business, he was able to reconvene, fix the errors and voted it back to the floor. So by plan or providence, his committee happened to be the same day as the floor vote and with sufficient scheduled work that it had to be recessed during house floor business.

The Open Carry bill will be back on the floor as soon as the Calendars Committee schedules it. My understanding is that the little point of order move spurred the supporters to action and they are hot to get it back on floor.

There is a simple majority with the co-authors/sponsors alone, so the only thing the opponents can do is stall through technicalities to run out the clock on session. I don’t think the Speaker will do much to help things along, so Chair Phillips is going to end up doing most of the heavy lifting. When it does hit the floor expect it to be a longer version of the Senate debate, with action from both the left and right.

Watch this space . . .


  1. avatar MIKE CROGNALE says:

    Hoping that I’ve been wrong about this but the evidence is there. Not going to happen. I hope I’m wrong.

    1. avatar Jonathan - Houston says:

      You saw a little sausage making and nothing more. Settle down and quit being so defeatist. Sheesh. Glad you weren’t at Valley Forge.

      1. avatar MIKE CROGNALE says:

        Not being defeatist. realist.

        1. avatar sagebrushracer says:

          as a fellow realist, if sucks being right so much of the time.

        2. avatar MIKE CROGNALE says:

          Yes. The good folk on here chastised me severely last year when I complained about OCT and especially the guys here in Tarrant county. I said then that they would kill any chance of Constitutional carry. Oh NO they all said, you just wait til next year. We’ll get this done. Sigh.

        3. avatar John in Ohio says:

          @MIKE CROGNALE: IMHO, the bigger problem has ALWAYS been those who want to beg mommy government for permission to exercise a basic right. The real solution is for the People to demand their rights through the free exercise of them. Timid and servile people have gotten us to this point of dismal individual Liberty all around.

        4. avatar Mike Crognale says:

          I agree. I am not “begging mommy government”. I make my position known to my representative in the lege. That’s the way it was designed to work. The real issue goes back to the original infringement by the feds. The time to halt it was then. Now we have to work carefully and incrementally to restore the Bill of Rights. The way to do that is not the in your face tactics of OCT! That has been my entire point in the year that I been commenting on this.

    2. avatar AllAmerican says:

      I like how RF can use the word “F.U.C.K.” in his articles but we can’t in the comments section, and other articles can’t either. Just sayin… Double standards and all.

      1. avatar John in Ohio says:

        Now that you mention it… Yeah!?!? Maybe because it was a quotation of a line?

        I used it with purpose in a comment the other day, a word that I rarely use here, and it was censored. I thought the current policy was that gratuitous use of the word was to be censored but when it was used to occasionally make a point that it was to be let through.

        1. avatar mlk18 says:

          “Family friendly site” no more. Guess that’s it for letting my older kids peruse this gun blog.

      2. avatar John in Ohio says:

        I saw this recent comment on another article that used the word and it wasn’t censored: http://www.thetruthaboutguns.com/2015/04/daniel-zimmerman/quote-of-the-day-not-really-helping-edition/#comment-2119558. So, I figured it must be the quotes and I left a comment with the word in quotes. Nope, awaited moderation. I guess some here can use the word and some cannot or it is somewhat random. I don’t have a better explanation with the data points available to me at this time. 🙁

        It would be nice to know what criteria is being used or if there is any rhyme or reason.

        1. avatar Robert Farago says:

          It’s a judgement call by the editors. I apologize if we got it wrong.

        2. avatar John in Ohio says:

          No need to apologize RF. I do appreciate the reply. My jimmies weren’t rustled when I got censored and even half expected it when I typed it. If they were genuinely rustled, I would’ve emailed directly. If its in the comments by me then it is more of a general postulating, complaining, etc comment. 🙂

          Now, when I forget this clarification in six months (I tend to do such things), hopefully someone will point me back at these comments. For all I know, you and Matt could’ve told me this same thing 20 times before and I wouldn’t know it… damned head trauma! 😀

  2. avatar SouthernPatriot says:

    It will take actual courage and testicular fortitude to bring this matter to a successful conclusion. We will see if these Texans have it.

  3. avatar Vhyrus says:

    Will this bill not getting passed be enough of a wake up call? Only time will tell.

  4. avatar DoomGuy says:

    Texas is fast becoming California, we have a bunch of commie gun grabbing democrats taking over and a bunch of spineless good old boy republicans.

    That and our worthless piece of shit Lt. Governor won’t allow this at all.

    As a Texan I’m just calling it like I see it. Maybe there’s room in Arizona.

    1. avatar Vhyrus says:

      There’s plenty of room here.

      1. avatar DoomGuy says:

        Might have to before Texas becomes the soviet proxy that California is

    2. avatar BLAMMO says:

      Eventually, you will run out of states to which to run. All the retiring state and municipal employees from NY, NJ, CT, MA, etc., are taking their fat pensions and joining you in the South and West. Good for the economies of those destination states in the short term, but many of those people don’t see things the way you do.

      Open carry? You should see how people in the Northeast stare nervously at a cop’s gun when they walk into a diner to have a meal. Pathological hoplophobes.

      1. avatar DoomGuy says:

        I can’t seem to think of any peaceful way to get rid of the p*ssy, can’t-cave-to-the-democrats-fast-enough mentality the republicans have, and the communist nature of the democrat party.

        And especially when you have cities like Houston and Austin (aka the San Francisco of the south) that are liberal strongholds and major population centers. 🙁

        1. avatar JohnO says:

          I now live in Houston. Moved here 10 years ago from Upper Michigan. Most of the people I come across are gun owners based on how they talk and act. My Houston is very gun-friendly. All of the Hispanic immigrants that I know and meet are pro-gun because of what they left behind. The Indian population that I know has not been exposed to guns, but many are open to learning more. Local Pakistani’s that I know own guns and lean pro-gun. I think Texas culture is turning them instead of vice versa. This is from my viewpoint, YMMV.

      2. avatar DoomGuy says:

        I wish there was a way to screen these northern transplants who will do nothing but come here and take advantage of our no income tax and then turn texas into a commie hell hole. 🙁

        You know what I mean?

        1. avatar Cuteandfuzzybunnies says:

          The thing to do is screen immigrants from north and south as they move to Texas. And reach out to the ones that could be convicted to become republican. Many can.

      3. avatar Frank says:

        It’s not the gun I am afraid of, but the cop carrying it.

    3. avatar Dave357 says:

      AZ may well be on a faster track to turn blue than TX. So, one may want to try fixing the few things that need fixing in TX before moving to AZ.

      1. avatar Vhyrus says:

        As someone who lives here, I can say without any doubt if anything its getting too conservative.

        I actually love Arizona. It’s California culture without the California bullshit or politics. I will gladly trade an ocean for that.

        1. avatar Dave357 says:

          That’s where I live too, and seeing just about all pro-gun bills failing to pass in the legislative session that just ended was not reassuring. We must have elected some RINOs to the Senate.

    4. avatar juliesa says:

      I’m probably missing something, but since this bill passed the senate, how is Patrick stopping it from passing the house?

      1. avatar DoomGuy says:

        He stopped constitutional carry singlehandedly by just proclaiming that the votes weren’t there.

        1. avatar juliesa says:

          Ok, thanks. I assumed, wrongly, that you were referring to this bill specifically.

  5. avatar Excedrine says:

    Leave it the Left and their purely self-described cronies on the Right to not only strip us of our liberties at every turn and in any measure they can manage, but to forestall any and all rightful restorations of them, small and large, at all levels of government.

  6. avatar Sixpack70 says:

    This should have been a done deal weeks ago! They need to stop stalling and get the damn thing to a vote.

    1. avatar DoomGuy says:

      Unfortunately Dan Patrick is in bed with the democrats on this one. Worthless SOB ought to be impeached.

      1. avatar Sixpack70 says:

        Yeah, it’s irritating. Texas is on my top three locations to retire to someday and I own property there. I would like to have our gun rights restored instead of it being a current privilege. What is even more ridiculous is how many states have always had open carry of pistols and there is no blood in the streets. Hell, you can open carry a rifle and how many people have been harmed by that? I am sure you can round it to the nearest whole number which is zero.

        1. avatar DoomGuy says:

          What’s more irritating is that people like him snub us, and yet welcome with open arms people from the northeast who care nothing for freedom and will just use the freer economic system here (no income tax) and start changing the state to make it the hell hole they came from.

          RINO’s like Patrick are alienating and pushing around their voters, and showing themselves to be more in love with democrat policies as soon as they take office.

      2. avatar ready,fire,aim says:

        that POS Patrick ain’t getting my vote again….fool me once…

  7. avatar dan says:

    and this happens in the gun loving and self respecting state of TEXAS….this country is very much in trouble…and most do not even understand what is coming at them, ‘faster than a speeding bullet’…..imho

  8. avatar stateisevil says:

    I’m envious Texas, and yes I didn’t think this would go through. Despite what Ralph says, our Republicans in the Florida Senate our rabidly anti gun, just not as active about it as the Democrats. The Florida House would pass Constitutional carry today. Alas, the state Senate will keep Florida way behind the rest of the country, despite media propaganda strongly asserting that this is in fact gun heaven. Just got an email stating the Republican chair of the Senate Judiciary committee just killed campus carry. Hope there’s room for me in a pro gun state if this keeps up.

    1. avatar Dustin says:

      “… if this keeps up.”

      At what point is it considered ‘kept up?’

      Florida is more split that California, the State needs to be granulated…

  9. avatar Dave357 says:

    Abbot should threaten to call a special session to deal with constitutional carry if this permitted open carry bill fails to clear the regular session. That ought to get things moving.

  10. avatar BDub says:

    sidenote: A holster on a belt with no belt-loops is a HORRIBLE! idea.

    1. avatar Curtis in IL says:

      I’m guessing her gun stays put better than some guys with no butt to hold their pants up.

    2. avatar jsallison says:

      Looks to me like getting said iron outa the holster without the belt riding up would be more of a problem than the belt staying in place during carry.

      1. avatar BDub says:

        That’s exactly my point. You can’t get the gun out of the holster, without a second hand to hold the holster. Belt loops provide the necessary resistance to hold the holster in place when you pull on the pistol.

        1. avatar John in Ohio says:

          You can’t get the gun out of the holster, without a second hand to hold the holster.

          That’s not always true. 1911s draw from my garrison belt one handed. Single actions draw from my fast draw rigs one handed even without the leg straps tied. Single actions and SP101s draw from my wide belt and holster pajama rigs one handed. The flimsy fashion belt in the photo, worn high like that, probably would require two hands for draw. A high ride paddle holster like that makes it even worse. Mine are all low ride holsters for such types of carry. I agree that, usually such a configuration requires two hands for drawing and this makes it far less than ideal. However, that is not always the case.

    3. avatar John in Ohio says:

      Ever heard of a garrison belt?

      1. avatar BDub says:

        Ever tried drawing your pistol from a garrison belt?

        1. avatar John in Ohio says:

          Yep. They usually suck for draw.

          Yet, they were issued for watch and, for all I know, still are. (A holster on a belt with no belt-loops is a HORRIBLE! idea.) Yet, the single action rigs I sometimes wear have no belt loops and they work fine for draw. Yet, the wide belt and holster for single action, and sometimes SP101, that I wear with pajamas when something goes bump in the night works just fine. The point: It isn’t always a HORRIBLE! idea. In the photo provided, it looks like a flimsy fashion belt worn too high for draw and I would guess that it is a horrible idea in that instance.

  11. avatar Southerner says:

    Does gratuitous vulgarity help our cause?

    1. avatar Curtis in IL says:

      No. No, it does not.

  12. avatar Shawn Peters says:

    Move to Kansas, gun laws same as AZ without the heat and illegals =)

    1. avatar Red in Texas says:

      Give it time, soon enough, you’ll only be able to brag about the temperature. 😉

      1. avatar Curious says:

        Come to PA. We have open carry w/o permits everywhere except Phila, vehicles, and prohibited places (post office ect.). Phila OC requires permit/license. We are a shall issue state for concealed. Lancaster County is about 1:19 for concealed lic per resident. Check 18 Pa.C.S. 6109 and Lanc. County Sheriff website to learn more.

  13. avatar CM says:

    she’s cute.

    1. avatar dlj95118 says:

      …roger that!

  14. avatar ghost says:

    For the time being, I have no problem with Texas Firearm laws. Anyone that does should stay out of Texas, or, get out if they are already here.

  15. avatar Warren says:

    Am I wrong in my understanding that we could have open carry legislation get to the governor’s desk faster if the House would simply pick up SB17 and put it into committee, get it out of committee and onto the House floor for vote and pass it, than trying to get HB910 onto the house floor and passed? They may be identical bills, but a house bill passing the house and an identical senate bill passing the senate DOES NOT A LAW MAKE. One bill has to get through both chambers, and SB17 is already through one. It’s further along than HB910, so it seems to me like it would make so much more sense for open carry advocates to contact the House and pressure them to work on SB17.

    1. avatar juliesa says:

      I don’t know, but when I called my rep’s office to get him to support hb910 and 937, the staffer said she would put down that I wanted him to support SB 17 and 11 as well, because they had already passed the senate and been sent to the house.

      I see 910 has been sent back to the calendar committee, so I hope it doesn’t get hung up there.

  16. avatar John in Ohio says:

    Or as they say “%$* me…no (*&[email protected]# you…”

    Oh my goodness! Y’all actually edited that? IMHO, you went the wrong direction. 😀

    My comment proves that you can’t please all of the people all of the time. So, carry on.

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