Home Forums Hunting & Shooting Hunter's Campfire WalMart vs, Open Carry in Texas

FAQ
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How should guns be carried?

Handguns must be in a belt or shoulder holster. The law does not require retention holsters, which use straps or other methods to better secure the weapon.

Will training change?

Classes for new applicants will include training on retention holsters and other methods to secure holstered handguns. Those who already have a concealed handgun license do not need additional training.

Can guns be openly carried anywhere?

No. Businesses can prohibit guns if they display approved signs. Separate signs must be posted to ban concealed and open carry.

The “campus carry” law that goes into effect Aug. 1 for public universities (and Aug. 1, 2017 for public junior and community colleges) will allow permit holders to carry only concealed handguns on campus and into buildings.

Places where guns remain prohibited include court buildings, jails, polling places, schools, racetracks, secure areas of airports and bars. Guns also are banned in hospitals, nursing homes, churches and amusement parks that display appropriate “no guns” signs.

What do supporters say?

Open carry, available only to those who pass a background check and training process for a license, is another way to allow law-abiding Texans to protect themselves. The practice provides faster access to weapons, while visible guns could provide a valuable criminal deterrent. Forty-four other states, including liberal bastions such as Massachusetts and Oregon, allow some form of open carry without problem. Some gun owners welcomed the ability to wear holsters that did not have to be covered by a jacket during hot weather.

What do opponents say?

Instead of improving safety, open carry will create an atmosphere of intimidation and fear, straining law enforcement resources as police are forced to respond to reports of armed individuals. A February survey found most of the state’s police chiefs opposed the policy, saying it could endanger law officers and make it difficult to distinguish criminals from innocent bystanders. Some feared open guns could be more easily taken, while others pressed to restrict open carry to rural areas, saying other states wisely ban the practice in major cities.

Are police prepared?

Most laws passed in the 2015 legislative session took effect Sept. 1, but open carry was given a four-month delay at the Department of Public Safety’s request to better prepare law officers for the change.

Andy Michael, the Austin police commander over training, said officers were given a general reminder of the new law and its requirements, while operators who answer 911 calls were trained to ask additional questions when receiving reports about armed individuals.

“We expect many people may call in just being alarmed. Our call takers are going to be trained to advise people about the new law, then inquire if the person is doing anything suspicious or if they’re around a critical facility or school,” Michael said. “We will still respond if requested, but we’re hopeful some, when told about the new law, may be satisfied with that.”

Can police check those with holstered guns for licenses?

The most contentious part of the open carry debate at the Capitol was an amendment added, and later deleted, that would have barred police from detaining those with a holstered gun solely to check for a license to carry.

Supporters said the amendment would protect gun owners from police interference while acting legally, but police leaders strongly opposed the addition, arguing that it would allow felons to carry weapons with impunity and make it difficult for police to do their jobs.

Legislators on both sides of the debate said police would still need reasonable cause to stop gun owners who are otherwise acting legally by openly carrying a weapon.

Is there no state pre-emption law in TX? I'm surprised if there isn't as there is in FL, prohibiting any local jurisdictions from passing ordinances more restrictive than State law related to regulation of keeping and bearing arms.

No permit or license is required to OC in Idaho.

As it should be,

Apparently, "Court buildings" means courtrooms which are inside a larger building as most all County Courtrooms are in Texas.

Apparently the W.F. Commisioners believe they have the authority to ban ALL carry anywhere in the Courthouse and put up both the 30 06 and 30 07 signs.

The Young County Commissioners decided that THEY didn't have that authority.

I don't know what the State A.G. says about it.

From HERE

"Pursuant to Opinion KP-0047, it is only the courtrooms, and those offices determined to be essential to their operations, from which Hays County may prohibit concealed handguns without risk ofincurring a civil penalty under section 411.209 ofthe Government Code.
A court would likely conclude that section 411.209 of the Government Code can be implicated by a governmental entity that seeks to improperly prohibit handguns from a place where handguns may be lawfully carried through oral notice or by a written notice that does not conform to section 30.06 ofthe Penal Code.
By the terms of section 30.06 of the Penal Code, a license holder carrying a concealed handgun who refuses, after notice by the governmental entity, to exit premises from which Penal Code sections 46.03 or 46.035 prohibit handguns commits an offense punishable as a misdemeanor. Conversely, a licensee who refuses to relinquish any concealed handgun or refuses to exit the building after being given notice by a governmental entity does not commit an offense ifthe building is not one from which sections 46.03 and 46.035 prohibit concealed handguns.

Very truly yours,
KEN PAXTON Attorney General of Texas"

Umm....FedGov already removed property owner's rights a long time ago:



...otherwise these would still be hanging on business entrances.

Wildcatter264,

"prohibiting any local jurisdictions from passing ordinances more restrictive than State law related to regulation of keeping and bearing arms".

Ohio passed a pre-emption law several years ago because a lot of towns had magazine limits, 'assault' weapon bans, banned CC, and some required a local permit to buy a firearm of any kind. It was such a patchwork that nobody knew what was legal from one jurisdiction to the next.

The Attorney General had to sue several cities to get them to comply, (Cleveland twice), and some still try to ignore the law.

Myron

Don't forget the gays.

And the muslims.

And anything else that is different than your standard run of the mill conservative.

Same thing here in MI.

There's also a move being made toward Constitutional Carry.

I stopped by my local Texas Walmart this afternoon and this was on the door as I passed through the garden center:

I see people open carrying in Walmart here every few times I go there. No permit required. Nobody gets upset about it.