Why Not Carry In K-12?

guninschoolBy CJ Grisham, President, OCT

With Campus Carry less than a year away in Texas, Universities are scrambling to find as many places to ban the concealed carry of a handgun by licensed Texans as possible. Since the bill passed in June, liberals in student government and the educational elite have kicked into high gear to oppose the law in any possible.

One of the talking points by the left is that guns need to be banned around the kids. “We need to protect the kids.” Universities are already releasing their recommendations and top of the list is any building or area where there is a dual credit high school presence or a child care facility. This begs the questions, “What makes a child care facility any more or less dangerous than anywhere else on campus?”

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AUSTIN, TX – For a group ostensibly founded and run by professional researchers, Gun Free UT makes numerous claims that wouldn’t pass peer review. While much of the organization’s literature and talking points are just plain ridiculous—for example, a statement from the Warfield Center for African and African American studies, declaring, “[W]e demand that firearms be banned in all spaces occupied by Black people on our campus”—others are factually and statistically indefensible.

There is no disputing the fact that Texas concealed handgun license (CHL) holders are convicted of violent crimes at approximately 1/5 the rate of the general population. However, Gun Free UT claims, “Conviction rates are unreliable, because CHL holders tend to escape prosecution.” The group’s only source for this claim is a link to an article titled “Why Americans Don’t Treat Fatal Gun Negligence as a Crime”—an article that neither explicitly nor implicitly makes the claim in question. Instead, the article is about America’s reluctance to convict individuals responsible for fatal gun accidents. Nothing in the article suggests that America’s unwillingness to convict for negligent shooting deaths is more applicable to CHL holders than to the general population; therefore, Gun Free UT’s claim is completely without merit.

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Turncoats of the Texas Legislature


Law enforcement across the state are gearing up to harass you for lawful open carry just for exercising your rights thanks to a spineless House of Representatives. The Department of Public Safety is actively telling them they have that authority and Chief Law Enforcement Officers are likewise pushing this mindset to their troops on the line.

During debate of House Bill 910, Representatives Matt Rinaldi (R) and Harold Dutton (D) offered an amendment that would have protected Texans who chose to open carry their handguns. The concern was that law enforcement would harass law abiding citizens going about their normal daily businesses solely based on the act of open carrying. To address this issue, two amendments were offered – one in the House and one in the Senate. The amendment passed near unanimously on a 133-10 vote in the House, with those “no” votes being Democrats. They wanted to make clear that in passing this bill, law enforcement had no authority to stop and ID Texans SOLELY based on the act of open carrying a holstered handgun.

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An Open Letter to Business


By: CJ Grisham

With the legalization of open carry of modern handguns by licensed Texans just around the corner, the standard narrative is being furthered by anti-gun fear mongers in the media and on the left. Their target: Texas businesses.

Democrat state representative Diego Bernal (D-San Antonio) is even going so far as to buy signs that will ban open carry in businesses and providing them free of charge.

“By providing these signs, I hope to help give customers and business owners peace of mind. I believe it is important to do all we can to help business owners create the atmosphere that best suits them,” Bernal said in an email blast to constituents.

Some form of open carry is legal in forty-four other states. In some states, open carry is only legal in a vehicle. In other states, the licenses to open carry are nearly impossible to obtain, making the practice that much more difficult to do. However, 33 states allow open carry without any permit whatsoever (five states allow constitutional carry, which is open or concealed carry without a license). Continue reading

Licensed Open Carry Comes To Historic Vote In Texas House of Representatives



We need you in Austin!  We need legislators to see a full chamber when they debate and vote on HB 910, Representative Larry Phillips’ licensed open carry bill. 


This is where the rubber meets the road.  This is where YOU make the difference and decide whether fighting for your rights is worthy of a small sacrifice to take a day off and take a stand.

Representative Jonathan Stickland will be presenting an amendment to remove the licensing REQUIREMENT from the bill and bring Texas gun laws back in line with our Constitution.  Similar to the atmosphere in Arizona, Stickland’s amendment will maintain the Handgun License as a voluntary license. 


We have already been told that when Rep. Stickland presents his amendment, it will be voted out on a procedural vote.  Republicans in the House do not want to lose their grip on taxing away and profiting off of your gun rights.

For two years, you and I have fought hard to get open carry passed and our rights returned to us the way our Founding Fathers intended – UNINFRINGED! We can’t let up now. We need you now more than ever.  This will be the most important vote this legislative session for YOUR gun rights.

We realize that Tuesday is a work day, but we’re begging you to find a way to be at the capitol on April 14th and show our legislators that we’re serious about demanding a return to liberty in Texas. Since this legislative session began, two other states have passed unlicensed open carry laws, bringing the total to 33.

When: Tuesday March 14th, no earlier than 10AM
House of Representatives Chamber
Place: Capitol Building
Dress: Wear your OCT (or other gun-related) clothing. If you have a Carry To The Capito polo, please wear that.

If for any reason, you are unable to attend in person, please call – don’t email – your representative and make sure they know that any support for a procedural vote that will keep Representative Stickland’s amendment from being voted WILL BE COUNTED AN AS ANTI-GUN VOTE!

Be firm and respectful with your communication please!

Our commitment is to sound the alarm and get you involved as soon as we see movement on gun legislation!
As drafted, HB910 does nothing to further gun rights for over 97% of Texan gun owners. This bill only removes certain restrictions that Concealed Handgun License holders currently have. It will only affect less than 3% of Texans.  Freedom is not violating the rights of another man because you fear his rights or his liberty. With only about 827,000 CHL holders, there can only be one of three reasons why 97% of Texas gun owners do not have a CHL:
  • We don’t like guns.
  • They are all criminals and do not qualify for one.
  • Most Texans don’t believe in converting their right to keep and bear arms into a privilege through a state-mandated 2nd Amendment tax.

Imagine All Your Rights Being Treated Like Your Right To Keep And Bear Arms


In Texas, in order to carry a handgun, Texans must obtain a state-issued license that costs in excess of $200.  You can’t openly carry a handgun at all (NOTE: Except on your private property and a few other specific instances), unlike 45 other states. A thin piece of fabric is all that separates you from being a law-abiding citizen or a “criminal.”  Can you imagine if all your rights were treated this way?

In order to write a letter to the editor, comment on Facebook, post a blog, go to church, protest government corruption, assemble for a common cause, or petition the government for a redress of grievances, you must first acquire an FSL (Freedom of Speech License) that costs over $200.  Additionally, you can’t have been convicted of a Class B misdemeanor or higher (regardless of violation) in the past 5 years, must be current on school loans and child support, and must be at least 21 years old.takes place over 1,000 years ago

In order to ensure that troops aren’t quartered in your home, you must first acquire a Troop Repellent License license that costs over $200 and you can’t have been convicted of a Class B misdemeanor or higher (regardless of violation) in the past 5 years, must be current on school loans and child support, and must be at least 21 years old.

In order to ensure that you are secure in your person, house, papers, and effects against unreasonable searches and seizures, you must first obtain a license that costs over $200.  Upon encountering a law enforcement officer and told that he is going to search you without cause, you must present your drivers license and Search and Seizure Protection License to avoid the invasive action. A warrant would only be required for those in possession of the SSPL.

To enjoy protection from double jeopardy after being found innocent of a crime, you must first get a $200 Double Jeopardy License, otherwise the state can prosecute you as many times as it takes to get a guilty verdict. In addition to a DJL, you must also secure a SIL (Self Incrimination License) or you will be required to testify against yourself. A $250 DPL (Due Process License) will ensure that you are not deprived of life, liberty or property.  This license was formerly known as the PAL (Patriot Act License). A Private Property License is the only way to ensure that the State of Texas doesn’t take your property and just laugh when you ask for compensation.

The $200 Criminal Prosecution License (CPL) recognizes that you are entitled to an attorney, that the state doesn’t hold a secret trial against you five years after you’re falsely arrested (assuming you don’t have a SSPL). Witnesses against you are protected from cross examination unless you have a current CPL.

After being trained on the duties of jurors and proving that you haven’t ignored a jury summons in the past five years, you can go to your nearest courthouse to obtain a $200 Jury Trial License that recognizes your right to a trial by jury.

Are you sensitive to pain and suffering?  Have no fear.  Texas would offer a $200 CUPL (Cruel and Unusual Punishment License) once you successfully pass SERE training.  Texans refusing to secure a CUPL will find themselves working in the oil fields without pay wearing only a pink slenderman suit.

In order to protect those rights that are not enumerated in the constitution, but that you retain as a living being, a $1500 RPL (Rights Protection License).

But, have no fear.  In order for Texas to enjoy state sovereignty, they are also required to obtain a license.  For a small fee of just $2,500,000, Texas can obtain a SSL (State Sovereignty License) to protect from federal encroachment.  It must first complete training that hasn’t been identified yet and meet certain criteria they can’t discern.

The Not A Slave License protects you from being involuntarily subjected to slavery. For an additional $650 (on top of the $200 license), you can even own slaves – those that don’t have an NSL.

In order to vote, you must present your driver license and $200 VCL (voters certification license). If you’re poor or elderly, you would only have to pay $150 after proving that you graduated from civics training and understand how our system of government works.  You must also pass a separate range qualification that tests your knowledge on political issues presented on the ballot for any given election.

This is what the country would look like if every right was treated like your 2nd Amendment rights.  Support more gun rights for Texas. #SupportHB195.

“Gun Free Zones” In Texas

UPDATE: The section of the US Code (Section 921,   http://www.law.cornell.edu/uscode/text/18/921#9577745468023118216) that defines the federal “gun free zone” does create an unconstitutional 1000 ft bubble around a school. However, that is only applicable to interstate commerce.

There is a lot of talk about so-called “gun free zones” in Texas.  I want to discuss the reality of what these mean using local, Texas, and federal laws.  This post is NOT meant to be legal advice and presented for merely informational purposes. To read the actual laws quoted in this blog post, please click the associated URL links.

Before talking about these zones, we must define them.  State and federal laws about what constitutes a “gun free zone” are very well defined. I’ll start first with the federal laws that govern these “gun free zones.”

According to Title 18, Part I, Chapter 44, Section 922 of the US Code, a school is basically defined as the school grounds. This includes the building and all real property attached to that building. The code simply makes it unlawful to “knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.”  This is a legislative trick, but one Congress passed trying to insinuate that simply carrying a firearm is somehow engaging in interstate commerce. Technically, under this sweeping interpretation of the interstate commerce clause of the constitution, Congress could literally dictate what clothes you wear if any part of them was manufactured, printed, assembled or the cloth grown in another state.

When this law was first passed, it was ruled unconstitutional and unenforceable. In response, Congress tweaked the wording a bit to try and make it fit within the confines of “interstate commerce.”  It’s a clever trick, but one that hasn’t yet been challenged to my knowledge.  Basically, this law says that all guns are subject to the law because there isn’t a single gun that is completely manufactured in one state.  If ONE part of the gun ever crossed a state line, the Congress thinks it maintains the authority to regulate the ownership, use, and transportation of that firearm for the rest of its life. I can’t imagine that holding constitutional water, except in the most anti-gun of Supreme Courts. But, let’s just assume for the sake of argument that this law is constitutional and valid.  To avoid being subject to it, simply don’t take a firearm on school property or make sure if you do that the firearm was completely built in Texas, including the mining for the ore. The law does NOT contain a “buffer zone” that defines a radius from the school a gun may not be carried.

That brings us to Texas law on “gun free zones.”  Texas law, like all its statutes, is easy to understand, but you have to follow numerous rabbit trails to get to the truth.

Chapter 46 of the Penal Code is where the regulation of firearms in relation to schools is defined. In our great state, it’s unlawful for a person to carry on or about his or her person a handgun, illegal knife, or club except in certain instances.  Texas law also prohibits us from having or carrying an explosive weapon, a machine gun, a short-barrel firearm, a firearm silencer,  knuckles, armor-piercing ammunition, a chemical dispensing device, a zip gun, or a tire deflation device unless you have a tax stamp required under the National Firearms Act.

With a concealed handgun license, Texans can carry a handgun as long as it remains concealed.  If the knife is less than 5.5 inches (we are also going to fight against this insane law), it is not an “illegal knife.” If you are on your own premises or premises under your control or inside of or directly en route to a motor vehicle or watercraft that you own or is under your control you can have any of those and even carry them openly. Handguns can’t be in plain view at any time (for now). Obviously, people prohibited by law can’t have a gun; neither can members of criminal street gangs.

Section 46.03 is the law that determines where guns are prohibited.  For the purposes of this blog post, I’ll limit the scope to those places related to schools. According to the law, “[a] person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon…on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution.”  It goes on to define “premises” as “a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.”

Some may be asking, “where does this 1000 foot buffer zone come from?”  The 1000 buffer zone around schools is frequently attributed to firearms, but it only applies to possession of drugs as found in federal law.  There is no buffer zone for the possession of a firearm in federal law except on the property itself. Likewise, Texas state law does not create a buffer zone.  The next question is, “what about the 300 foot rule?”

This is where law enforcement and the general public get confused because the definition of “premises” changes.  Section 46.11 of the Texas Penal Code is the only section that talks about a “gun free zone.”  However, it doesn’t ban guns within them.  Instead, Texas law merely makes any gun crime committed within a school zone a greater offense.

For example, if I openly carry a modern handgun in Texas, I would be charged with a Class A misdemeanor for unlawful carry of a firearm. However, if I was carrying that same handgun within the 300 foot “school zone,” that same offense would now be a 3rd degree felony accusation.  That only applies to offenses described in Chapter 46 of the Penal Code. The definition of “premises” changes here from only applying to the school building to applying to all school property, but only for the purposes of making the gun offense more severe.

To sum up, there is only a “gun free zone” for the purposes of making certain gun crimes more severe in penalty and punishment.  It does NOT mean you cannot carry a lawfully possessed firearm within those imaginary lines. It merely says you can’t commit a crime within those boundaries and, if you do, the charge jumps up to the next greater offense (ie: class b  misdemeanor to a class a, or class a misdemeanor to a class 3 felony).

According to the Texas Constitution, only the legislature has the power to regulate the wearing of arms.  This state preemption of gun laws in enshrined in the Local Government Code, Section 229.001.  It states, quite clearly, “a municipality may not adopt regulations relating to…the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, ammunition, or firearm or air gun supplies.”  So a Texas city, town, or municipality can’t create more strict gun regulations than the state allows. Municipalities are given power to create ordinances in limited circumstances, like city parks, public meetings of a municipality, county, or other governmental body etc. (note they can’t just make public buildings off-limits), political rally, parade, or official political meeting, or at a non-firearms-related school, college, or professional athletic event. That’s it.

Why do we bring this up?


This is a sign in Meadows Place, Texas.  It purports to describe the city as “gun free.”  On the city’s website, they are “pleased to announce the establishment of several Drug and Weapon Free Zones.”

“The City of Meadows Place takes the safety and well-being of our children very serious and has made this of the highest priority by initiating the Drug and Weapon free zones around our schools and parks in accordance with State and Federal laws.” They continue, “Because of the size of the City and the location of the schools and parks this encompasses a majority of the city.”

The problem here is multi-faceted. First of all, cities only have the authority to regulate guns within city parks, not around them.  Local Government Code 229.001 states, municipalities “may not adopt regulations relating to…the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, ammunition, or firearm or air gun supplies” except “at a public park” a few other places not relevant here. The law says AT a public park, not around a public park. However, you can see from this map provided by the City of Meadow Place that they don’t care about the law.


The red lines represent the “no guns” zones and the green lines mean “no drugs” zones. As explained earlier, it is not illegal to carry a lawfully possessed firearm within these boundaries, it’s just MORE illegal to illegally carry a firearm or other prohibited weapon within them. And Texas law does NOT allow municipalities to create these “buffer zones” around parks, only schools. So, the red lines around the green areas above are meaningless in the eyes of the law and Open Carry Texas.

The problem lies in the legal reality there there really is no such thing as a “Gun Free Zone” in Texas. This “zone” is nothing more than a criminal act enhancement law. If you commit a gun crime within these invisible lines, that crime is now amplified.  However, the mere carry of a firearm outside of the building within these “gun free zones” is perfectly legal.

I’m not advocating walking up to the front door of a school.  While perfectly legal, it’s not prudent or reasonable while our liberal education system is working so hard to scare the hell out of kids on mere sight of a firearm. We need to continue reconditioning America on the facts and reality about guns in the hands of law abiding citizens.

What I am trying to get across is that the City of Meadows Place isn’t as “gun free” as they think.  All they are doing is simply making it more damaging for a criminal to use a gun in the commission of a crime.  Frankly, I’m okay with that. If you use a gun to commit a crime, you shouldn’t get a slap on the wrist.

Perhaps the most disgusting aspect of this whole “gun free zone” rhetoric they subscribe is what they do while telling you not to.  It turns out the city isn’t as divisive against guns as they’d have you believe.  They love guns, as long as those guns are in their hands and not yours.  Take, for instance, this screenshot of Meadows Place Police Department purchasing AR15 pistols (no, that’s not Dick Cheney…I don’t think!).


Hypocrites much?

In fact, as a cookie to help legislators see the worth in passing unlicensed we’re willing to accept making Texas as a whole one of these “gun free zones,” making any gun crime in Texas an instant felony. The abuse of a right is the only thing that should negate the exercise of it.

One of the many efforts that Open Carry Texas is engaged in is making sure that is cities are going to hold gun owners accountable for obeying the law, gun owners must hold cities accountable for obeying the laws as well.  This is why we are fighting the City of San Antonio and their unlawful ordinance that bans loaded rifles within city limits.

We will continue to stand for our right to keep and bear arms without prejudice and without reservation. Someone needs to stand up and put a stop to our runaway governments and demand respect for our rights and the return of them. We, the People, don’t beg government to give back what is inalienable to us. Remember that “government[s] are instituted among men, deriving their just powers from the consent of the governed.

When government begins to dictate away our natural right to self defense, we have the right to take that power back. We have a right to challenge it. And challenge it we will.