House Bill 910 of the 84th Texas Legislature, The Texas Open Carry Law, is set to go into effect January 1st of 2016. The primary purpose of this legislation is to allow those in Texas who already have a concealed handgun license, and those who obtain a handgun license, to have the option of carrying openly in a belt or shoulder holster.
HB 910 (Acts 2015, 84th R.S., ch. 437, General and Special Laws of Texas) makes a number of changes to sections of the government code, occupations code, education code, family code and other Texas laws, but most of these changes (most) are not intended to be substantive. Instead, these changes adjust the current language of the laws to conform to the changes involved with introducing open carry into Texas. For a simple example, concealed handgun licenses are no longer concealed handgun licenses: they are handgun licenses. Many of the changes simply remove the word "concealed" from the law.
There are, however, also substantive changes to the law, some of which I will mention now. First, handgun instructors must be qualified to provide instruction in the proper use of restraint holsters and methods to ensure the secure carrying of openly carried handguns. Furthermore, they must provide instruction in the proper use of restraint holsters and methods to ensure the secure carrying of openly carried weapons as part of handgun licensing courses. This was not previously required.
Although instruction on the use of restraint holsters is required, licensed handgun carriers are not required to use them. This does not mean licensed handgun carriers can open carry however they wish. Handguns carried in the open must be carried in either a belt holster or a shoulder holster.
Additionally, Section 30.07, regarding prohibiting open carry on one's property, has been added to the Texas Penal Code as a sort of counterpart to section 30.06 which addresses concealed carry. 30.07 provides as follows:
HB 910 (Acts 2015, 84th R.S., ch. 437, General and Special Laws of Texas) makes a number of changes to sections of the government code, occupations code, education code, family code and other Texas laws, but most of these changes (most) are not intended to be substantive. Instead, these changes adjust the current language of the laws to conform to the changes involved with introducing open carry into Texas. For a simple example, concealed handgun licenses are no longer concealed handgun licenses: they are handgun licenses. Many of the changes simply remove the word "concealed" from the law.
There are, however, also substantive changes to the law, some of which I will mention now. First, handgun instructors must be qualified to provide instruction in the proper use of restraint holsters and methods to ensure the secure carrying of openly carried handguns. Furthermore, they must provide instruction in the proper use of restraint holsters and methods to ensure the secure carrying of openly carried weapons as part of handgun licensing courses. This was not previously required.
Although instruction on the use of restraint holsters is required, licensed handgun carriers are not required to use them. This does not mean licensed handgun carriers can open carry however they wish. Handguns carried in the open must be carried in either a belt holster or a shoulder holster.
Additionally, Section 30.07, regarding prohibiting open carry on one's property, has been added to the Texas Penal Code as a sort of counterpart to section 30.06 which addresses concealed carry. 30.07 provides as follows:
Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN.
(a) A license holder commits an offense if the license holder:
(1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
(f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster.
If this alarms some readers, then consider this. This makes Texas about the 45th state to allow open carry. We are not some fringe wild-west state here. Furthermore, some of these open carry states allow "constitutional carry" which does away with licensing requirements completely. While a number of people pushed for constitutional carry in Texas, the licensing requirements (which include fingerprinting, background checks, and training) are still in place. This also does not put additional people with guns on the streets. This allows licensed gun owners who were already carrying guns the option of carrying in the open instead of concealed.
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