Open Carry Bill Derailed On Texas House Floor

by Morgan Smith

 

After a point of order was raised Tuesday over a technical error in how witness testimony was recorded, House Bill 910 — which would allow the open carry of handguns for those with concealed weapons permits — was sent back to the House Homeland Security and Public Safety Committee. 

Lawmakers said the legislation is expected to return to the House floor on Friday. 

Texas will be well on its way to allowing gun owners with concealed weapons permits to start carrying their handguns openly in public places if the state House approves key gun legislation Tuesday. 

Lawmakers are set to debate House Bill 910 from state Rep. Larry Phillips, R-Sherman, which would allow license holders to carry their handguns in a hip or shoulder holster. More than half of the House’s 150 members have signed on as co-sponsors of the bill 

The Senate passed its own version of the legislation in March, and Gov. Greg Abbott has said he will sign any open carry bill that reaches his desk. 

 

The new law would come despite the protests of many law enforcement officials, who have said that openly armed citizens would endanger both police officers and the communities they try to protect — and strain the already limited resources of local police departments. 

“Right now, I’m doing good to send two deputies to a very dangerous situation,” Harris County Sheriff Adrian Garcia told lawmakers at a February Senate hearing. “Now when we get a call, shots fired or disturbance with guns involved, we typically think one person is creating chaos. Now we may have many people.” 

Lawmakers and gun rights advocates have argued that the change is needed to protect the constitutional rights of law-abiding handgun license holders. 

“It’s time to let them take off their coats to pump their gas in August,” said Alice Tripp, a lobbyist for the Texas State Rifle Association, at a House hearing on Phillips’ bill in March.  

Texas is one of only a few states that bans open carry, though it has less restrictive firearms licensing and purchasing laws than many of the states that do allow it. 

In both the House and Senate, licensed open carry proposals have also faced criticism from a vocal faction of gun rights supporters who favor repealing handgun permitting requirements altogether. 

Arguing that the costs of obtaining a concealed handgun license and the restrictions the state places on applicants violate Second Amendment rights, state Rep. Jonathan Stickland, R-Bedford, has championed so-called constitutional carry in the House. 

Neither Stickland’s measure nor its Senate companion have received committee hearings. 

Stickland, who did not return a request for comment Monday, told The Texas Tribune in February that he had vowed to amend any gun bill that came to the House floor in an effort to remove licensing requirements. 

“I have promised a record vote, and we will get it,” he said.