Everything that follows is the contents of an email sent to me by the NRA. I urge all Texans to get their CCL and to openly carry under the new law. It is only by desensitizing everyone to the sight of a gun that we can be done with nuisance calls about "a suspicious man walking around with a gun". Folks, in Texas I'm going to consider you suspicious if you DON'T carry a gun. I will suspect that you are not doing your part to keep society safe from those who see a disarmed populace as easy targets. The 2nd isn't just a right in Texas, it's a responsibility.
Be responsible. Obtain a hand gun. Learn how to use it. Learn the laws. Stay proficient. Be not intimidated by those who would like to relegate their safety to the police who simply cannot possibly be at the right place at the right time when crimes against you go down.
Texas Attorney General Releases Numerous
Opinions Affecting Carry Licensees; Open Carry Law Set to Take Effect on
January 1
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On Monday, Attorney General Ken Paxton (R)
released four opinions relating to the ability to carry on campus and
individuals with Licenses to Carry (LTCs, formerly known as Concealed Handgun
Licenses or CHLs). As previously reported, the state's open carry law
will take effect on January 1 st and the campus carry statute,
Senate Bill 11, sponsored by Sen. Brian Birdwell (R-Granbury) & Rep.
Allen Fletcher (R-Tomball), will take effect in August of next year.
Click here for copies of Opinion No. KP-0047, KP-0049,
KP-0050 & KP-0051.
While these opinions do not have the full
force and effect of law, they do provide legal guidance on both the rights
and responsibilities of affected entities and licensees. The major
takeaways from these opinions are as follows:
- Cities and counties risk running afoul of SB 273 if
they post 30.06 signs, or give verbal notice of a firearms
prohibition to LTC's carrying concealed, in areas of local
administrative complexes beyond courtrooms or offices deemed to be
essential to operations of a court. Sponsored and passed
by state Sen. Donna Campbell & state Rep. Ryan Guillen,
Senate Bill 273 imposes civil fines on state agencies, cities or
counties which improperly post 30.06 signs prohibiting licensees from
public property that is not otherwise off-limits to them in the Penal Code.
- A court would likely conclude that a public college
or university exceeded its authority under SB 11 if it banned concealed
carry in classrooms or allowed professors to prohibit carrying in their
individual classrooms. Also, a ban on the possession of handguns by
licensees in campus residential facilities would violate the
provisions of SB 11 because it would have the effect of prohibiting
campus carry for residents of those facilities.
- Licensees could violate the Penal Code if they carry
handguns openly or concealed about their person on the grounds
where a school-sponsored activity is taking place, including areas such
as streets, parking lots and sidewalks that are otherwise excluded
from the definition of "premises" as it applies to nearly
every other aspect of the law. This was already current law and
didn’t change with the passage of open carry.
House Bill 910, sponsored and passed by Rep.
Larry Phillips (R-Sherman) & Sen. Craig Estes (R-Wichita Falls) and
signed into law by Governor Greg Abbott, will take effect on January 1,
2016. This NRA-backed legislation removes the requirement for Concealed
Handgun Licensees (CHLs) to keep their handguns concealed by giving them the
option of carrying their firearm either wholly or partially visible in a belt
or shoulder holster. With a 20-year record of law-abiding and
responsible behavior, Texas CHLs earned this opportunity and this
self-defense option.
Below you'll find answers to some FAQs on the
new statute, compiled by NRA-ILA and the Texas State Rifle Association.
Note: this should not be
construed as legal advice.
HB 910 Licensed Open Carry: Frequently Asked Questions
There are very few changes to existing law
beyond the removal of the word “concealed” from statute, but there are
exceptions and licensees should become familiar with those changes.
Bill
Analysis for HB 910 - Licensed Open Carry
Frequently
Asked Questions
- When will the new open carry law go into effect?
-- January 1, 2016.
- Will I be required to take additional training to get
a new license, one that doesn’t say “concealed”? -- No additional training is required. After
January 1, a renewed license will be for a License to Carry (LTC),
rather than a Concealed Handgun License (CHL). There is no need to
obtain a new license before your current CHL expires.
- Will there be changes to reciprocity agreements with
other states? -- No.
Texans with valid carry licenses must follow reciprocal state’s
laws, some of which allow open carry and others which
do not. Licenses from states which are currently recognized
by Texas will continue to be honored, as long as the license holder
complies with applicable laws affecting both open and concealed
carry.
- Am I required to have a certain type of holster for
my handgun if it’s fully or partially exposed? -- Yes, statute requires wholly or partially visible
handguns to be carried in a belt
or shoulder holster when carried on your person or in your
vehicle. There is no specific requirement for a retention holster.
- Can I be prevented access to any location while openly
carrying a handgun? -- Private
property owners may prohibit access by a licensee with a wholly or
partially visible handgun by posting a 30.07 sign. You could
also be given verbal notice to leave the property by the owner or
manager. Entering a 30.07-posted property with a wholly
or partially visible handgun is a Class C
misdemeanor; refusing to leave when you’ve been asked to do so is a
class A and could cause you to lose your license. If you are
asked to leave, it is recommended that you do so immediately.
Note: If a
business wants to prohibit licensees from carrying both concealed
and openly, they must post both 30.06
and 30.07 signs. NO exposed handguns are allowed on the
grounds or any portion of a college campus, or in any of the prohibited
locations listed in Penal Code Section 46.03 or 46.035.
Governor Abbott recently set the tone for the
new law and the New Year by adopting a policy that individuals properly
licensed under Chapter 411, Subchapter H, of the Texas Government Code
may carry a handgun openly or concealed on the premises of the Office of the
Governor in accordance with state law. Similarly, the Texas Legislature
did not impose any new restrictions on carrying in the Capitol by individuals
in possession of a valid License to Carry with passage of HB 910. These
examples will hopefully dissuade local governments from attempting to pass
illegal ordinances and post improper signs as open carry takes effect next
year.
Please notify NRA-ILA if you hear that your
city or county is considering an ordinance limiting your carry rights; if you
suspect that local officials have posted property off-limits to licensees
that should not be prohibited under the law, alert the Attorney General's
office at www.texasattorneygeneral.gov/apps/3006. Please note
that the AG's office only has the authority to investigate complaint about
the illegal posting of 30.06 signs.
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