Open carry passage potential in Texas

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    Alamo

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    January for Open Carry and August 2016 for Campus Carry. Why over a year away, I don't know, but that's the Reader's Digest version for INGO posting. ;)

    The unabridged version:

    Laws passed by the Texas Legislature become effective immediately if passed by super-majorities -- I forget the exact number.

    Otherwise they generally become law on September 1st following the legislative session, unless otherwise specified in the law.

    In the case of open carry, the Department of Public Safety asked for a delay until 1 Jan 16. They will be running handgun license instructor renewal classes in the fall, and wanted time to incorporate all the legal changes affecting firearms, particularly open carry, into the renewal classes coming up soon.

    In the case of campus carry... it appears to me the large delay in implementation is part of the horse-trading required to get campus carry through in the first place. The University of Texas in particular really opposed campus carry, and the Speaker of the House is, shall we say, very close to the UT people. It is widely believed that he killed campus carry in past legislatures by having it die in various committees. There was enough pressure this time around (you may remember my post about a Revolt in the Texas House earlier this year) that he apparently felt he had to let it pass in some form. The campus carry law provides for legal concealed carry within all university buildings, but the Presidents of the colleges and universities can, for specific reasons, designate certain facilities as off-limits to concealed carry provided they do not outright ban it across campus or adopt prohibitions that have the effect of banning legal concealed carry across campus. The Regents can override the President's rules by 2/3 vote, but there don't appear to be very many Regents salty enough to really challenge the administrations on much. (Maybe the governor can do something about that). Anyway, the universities and colleges get a year to sort out their rules, so 1 Aug 16 is when things take effect.
     

    Redhorse

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    It'd be nice if campus carry would pass here in Indiana. It's really becoming disheartening to continually be snubbed as "insufficient."
     

    Alamo

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    This really doesn't have anything to do with open carry (or campus carry) per se, but since this has become the thread on Texas 2A stuff in the general from the last legislature: Knife pre-emption passed as well, so no more additional and differing clueless city restrictions. Now the only clueless restrictions are in state law and are uniform across the state.
     

    Alamo

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    Licensed Open Carry in Texas starts in less than one month and the Concealed Handgun License officially becomes the "License To Carry (LTC)."

    Coupled with the law that provides for citizens to file complaints about, and permits the Texas Attorney General to seek fines against, government entities that illegally post no-carry signs certain governmental entities are giving birth to entire herds. T'is the season for merriment for 2A supporters. :)
     

    GodFearinGunTotin

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    Licensed Open Carry in Texas starts in less than one month and the Concealed Handgun License officially becomes the "License To Carry (LTC)."

    Coupled with the law that provides for citizens to file complaints about, and permits the Texas Attorney General to seek fines against, government entities that illegally post no-carry signs certain governmental entities are giving birth to entire herds. T'is the season for merriment for 2A supporters. :)

    Maybe that will drive beef prices down a bit then. :D
     

    Lebowski

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    Between corn and soybean fields.
    Licensed Open Carry in Texas starts in less than one month and the Concealed Handgun License officially becomes the "License To Carry (LTC)."

    Coupled with the law that provides for citizens to file complaints about, and permits the Texas Attorney General to seek fines against, government entities that illegally post no-carry signs certain governmental entities are giving birth to entire herds. T'is the season for merriment for 2A supporters. :)

    Awesome!

    Next time I'm visiting my place down there I may just have to pack some OC gear... Though I think there may be more wild donkeys than people where I go... lol!
     

    Alamo

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    Licensed open carry becomes legal in Texas in 10 days.

    As I noted earlier, Texas state and local governmental entities may not bar licensed concealed nor (after 01 Jan 16) open carry on their properties by the public, with a few exceptions specified in law.

    However, as an employer, governmental entities can bar their employees from licensed carry.

    There have several state agencies that by policy allowed their employees to carry concealed, and I was wondering if they were going to update their policies for open carry.

    Looks like at least one (Health and Human Services Commission) has:

    The HHS Human Resources Manual will be revised to bring the agency policy on handguns into compliance with statelaw.

    Starting Jan. 1, employees with Concealed Handgun Licenses will be able to bring their weapons to work, concealedor properly holstered in accordance with state law. The policy ensures the HHS agencies treatment of their employeeswill be in line with Senate Bill 273, which prohibits state agencies from posting signs banning handguns from theirpremises and House Bill 910, which allows Texans with CHLs to openly carry holstered handguns.

    The new policy will give HHS employees the same rights under the law as all Texans. There are a few exemptions,such as employees licensed to carry a handgun are prohibited from carrying their handguns at DADS state supportedliving centers or at DSHS state hospitals. Other exceptions will be detailed in the updated HR manual.

    Employees without CHLs may not bring handguns to work, nor may any employee bring any other prohibitedweapons (Texas Penal Code 46.05).

    As mentioned, the new state law allows Texans to carry their handguns in the open as long as it is properly holstered,so some of our clients may be wearing their handguns in our offices. Refusing to help a client or demanding theyremove the handgun for service is against the law.

    The policy revisions are a combination of recommendations made by the Chief Deputy Executive Commissioner,agencies’ chief operating officers, HHS deputy executive commissioners, Business and Regional Services, HHSCLegal Services, HHSC Communications and HHS Human Resources.

    Please review the policy and if you have further questions, check with your manager.

    HHSC has about 9600 employees.

    Texas HHSC employees can carry January 1st - TexasCHLforum.com
     

    Lebowski

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    Between corn and soybean fields.
    I'm excited for Texas, and can't wait to go back down to my place again this coming summer. Probably won't OC much in public but will certainly be OCing on my property and while driving!


    Alamo, if you don't mind me asking, where about in Texas are you? City or rural, don't need any specifics. You'll have to report back and let us know if you yourself OC and how it went in your locale and/if you see anyone else OC in your area.
     

    Alamo

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    I'm excited for Texas, and can't wait to go back down to my place again this coming summer. Probably won't OC much in public but will certainly be OCing on my property and while driving!


    Alamo, if you don't mind me asking, where about in Texas are you? City or rural, don't need any specifics. You'll have to report back and let us know if you yourself OC and how it went in your locale and/if you see anyone else OC in your area.

    Near Seguin, about 40 miles east of San Antonio on I-10. I live out in the sticks. Or here, brush and trees.

    OC for me will probably just involve tucking my shirt in. :) I generally carry AIWB under a polo or t-shirt.

    I do have an OWB Safariland holster for my G-17 that I need to try out, that may get some use in the new year.

    Not sure I will see anyone OC right now, it is cold for central Texas, and everyone is wearing coats!

    There is a lot chatter in the bigger cities, the PDs are trying put out info about OC so the faint of heart don't freak out and swamp the police with 911 calls.

    Houston PD put out some videos and a Q&A on the web that seem to be pretty good. We were happy to see the last Q in the list:

    Question: Some organizations that are in opposition to open carry, have said that if they see someone openly carrying a handgun, they will call 911 and say that person is being aggressive and threatening people with the weapon. How will the police handle situations like this.
    Answer: The police will act with caution when approaching the person, they will collect the facts, and when it is found that this person was doing nothing wrong, the investigation will be turned towards the person who made the false 911 call.

    The real fun has been not the advent of OC, but the "fines for signs" law. Some governmental entities have been quite loose about banning any kind of licensed carry on their properties, in violation of the law. The places that governments can ban carry are quite limited. Courts and offices of the courts are off limits by statutes, but not the treasurer, the DMV, the auditor, etc. However in multi-use buildings, if they have a court in them typically the whole building would be marked no carry, and usually enforced with metal detectors. This has always been illegal, but there was no penalty for a government to do so.

    Until now.

    $10K per day fines have gotten their attention, and the new Texas AG has made it plain he interprets the prohibition against cities banning concealed (and open) carry in places outside of their authority quite broadly. Not only will posting the official 30.06/30.07 sign will get them in trouble, but any sign or oral notice that indicates a licensed carrier will not be allowed to carry in a government office/property that he is entitled to is illegal and subject to civil fines.

    It is quite entertaining to see the teeth gnashing this is causing. :D
     
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