Senate Republicans pass open carry bill for handguns in Texas
By TERRENCE STUTZ
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Austin Bureau
AUSTIN — Licensed Texans would be allowed to openly carry handguns in a shoulder or belt holster — like the Old West — under legislation tentatively approved by the Senate on Monday after emotional debate that sharply divided Democrats and Republicans.
Under the measure by Sen. Craig Estes, R-Wichita Falls, Texas would join most other states in authorizing open carry of handguns — as long as the person has a state concealed handgun license. Currently, about 826,000 Texans have concealed handgun licenses, nearly 3 percent of the state’s population.
The bill, approved on a party-line 20-11 vote, would be effective on Jan. 1, 2016. Texans can already carry long guns, such as rifles, openly.
In seeking approval for the measure, Estes said the change in law “is the way to go” for those who believe in freedom. Further, he said, the handgun license holders “have been vetted and trained, and can decide what is best for them. I have great confidence in our license holders that they will do the right thing.”
Estes said his legislation is similar to what Oklahoma enacted a few years ago — and there have been few problems in that state with open carry. “If it becomes an issue later on [in Texas], we will deal with it,” he said in response to critics.
Regarding concerns that many Texans will be fearful of people openly displaying guns in public places like parks, Estes suggested they should “get help somewhere.”
Senate Democrats tried unsuccessfully to amend the bill to soften its impact. Among those attempts were proposals to require annual background checks for license holders, more handgun training for licensees, retention clips on all holsters and an open carry ban in state and local parks. Most amendments were tabled on partisan 20-11 votes.
One amendment that was adopted, by Sen. Joan Huffman, R-Houston, exempted college campuses from the open carry measure. Huffman explained that her constituents strongly opposed allowing the open display of guns at colleges and universities across the state.
Democrats said they have the support of the law enforcement community in Texas, which mostly testified in opposition to the bill at an earlier public hearing.
“Have you thought about the dangers you will expose to the men and women who make up law enforcement in our state?” asked Sen. John Whitmire, D-Houston, speaking against the proposal.
Whitmire said the state’s current concealed handgun law has served Texans well since it is never apparent who is carrying a weapon. “The idea was to keep them concealed so nobody would know if you were packing or not,” he explained.
But under the bill, guns could now show up in a variety of places where they could be viewed as a threat, he said.
Sen. Royce West, D-Dallas, suggested that someone shooting a person displaying a handgun could raise an argument of self-defense by saying he was threatened by the exposed weapon.
West also pressed Estes to identify any law enforcement agencies or leaders who support his open carry proposal. “If none testified in favor, would you still move forward on this bill?” he asked, suggesting there was a good reason marshals and sheriffs in the Old West required cowboys to hang up their guns when coming into town.
And Sen. Sylvia Garcia, D-Houston, said seniors in her district are worried about all the “crazy gun stuff” in the Legislature this year. “It is putting fear in the atmosphere,” she said. “I have not heard from one person in support of this bill.”
Among those supporting the measure was Sen. Don Huffines, R-Dallas, who said it is “critical that Texans enjoy the full benefits of the Second Amendment.”
“The right to carry a firearm and defend life and liberty is a natural right, a God-given right, and does not need government permission to be fully exercised,” he said.
The Republican tide on the open carry measure was aided by a change in Senate rules this session that reduced the number of votes needed to bring a bill up for debate. Instead of the previous two-thirds of the membership (21 votes) that was needed in the past, the required amount is now three-fifths, or 19 votes. Republican hold 20 seats in the 31-member chamber.
Senators are expected to take up another gun rights bill as early as Tuesday that would allow handgun license holders to carry their weapons into college buildings — as long as they are concealed. That measure also is expected to pass the GOP-controlled Senate.
Follow Terrence Stutz on Twitter at @t_stutz.
http://www.dallasnews.com/news/politics/headlines/20150316-senate-republicans-pass-open-carry-bill-for-handguns-in-texas1.ece