Explanation:
Houston Police Chief Charles A. McClelland Jr., Harris Country District Attorney Devon Anderson and City Attorney Donna Edmundson participated in a panel discussion and answered questions from the public on the new Texas Open Carry legislation, which will allow a license holder to “open carry” a handgun in a holster starting January 1, 2016. This informational meeting addressed state law and municipal authority over the regulation of firearms in Texas.
Houston Police Chief Charles A. McClelland Jr., Harris Country District Attorney Devon Anderson and Senior Assistant City Attorney Tracy Calabrese participated in a panel discussion and answered questions from the public on the new Texas Open Carry legislation, which will allow a license holder to “open carry” a handgun in a holster starting January 1, 2016. This informational meeting addressed state law and municipal authority over the regulation of firearms in Texas.
Open Carry Q & A
Definitions
What are the differences between a firearm, hand gun, and a long arm?
A firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. A long gun or long arm is a firearm designed to be fired with both hands, such as a rifle or shotgun. A handgun is a firearm designed to be fired with one hand, such as a revolver or pistol.
What are “premises” for the purpose of Texas gun laws excluding firearms?
Under Section 46.03 and 46.035 of the Penal Code, “premises” means 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.
Encounters with Citizens Who Are Openly Carrying a Handgun
If I see a person openly carrying a handgun, should I call the police?
You can call the police, but before you call, observe how the person is acting. If they are acting suspicious, or entering a building where weapons are prohibited such as a school, call the police.
Examples of when to call law enforcement include: 1) Gun is removed from a secured holster; 2) Gun holder seems intoxicated; 3) Gun holder appears very agitated or is causing a disturbance; or 4) Gun holder is obviously committing a crime or acting in a reckless or suspicious manner. For emergency/life threatening calls, dial 911. For non-emergency calls, contact 713-884-3131.
What type of class or training is required to obtain a Texas License to Carry a Handgun?
An original (first-time) applicant must complete classroom training, pass a written examination and pass a proficiency demonstration (shooting). All classroom and proficiency training must be conducted by an instructor certified by the Texas Department of Public Safety (DPS). The classroom instruction may be a four to six hour course and must cover the four statutorily required topics:
• Laws that relate to weapons and the use of deadly force
• Handgun use and safety, including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns
• Non-violent dispute resolution
• Proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child
May a citizen ask a license holder for proof of licensing?
A citizen may ask a license holder for proof that he or she is legally carrying a weapon, but the license holder does not have to respond. However, in the instance of a request by a property owner, a refusal to respond by the license holder may result in the license holder being denied permission to enter or remain on the property.
Under state law, where am I allowed to carry a firearm?
• Long Guns or Long Arms: Because state law governs firearms, and because it does not prohibit the carrying of a rifle or shotgun in a public place, a person is generally allowed to carry those weapons in public in Texas. However, property owners, including governmental entities, may exercise their rights under the general trespass statute (Penal Code Section 30.05) to exclude individuals from carrying long guns on their property. Failure to leave the property when requested to do so could result in you being charged with criminal trespass.
• Handguns without a license to carry: The open carry of handguns in public is prohibited in Texas, unless the person holds a license to carry a handgun. An unlicensed person may carry a handgun on his or her private property or in a car or boat. A handgun carried in a car or boat by an unlicensed person must be hidden from plain view.
• Handguns with a license to carry: A license holder may generally carry a handgun in a concealed manner or openly carry it in a belt or shoulder holster beginning January 1, 2016. However, see the answers to the questions below for numerous limits on that authority.
