Concealed And Open Carry In Texas

Concealed And Open Carry In Texas

As of January 1, 2016 Texas law will allow properly licensed citizens to both conceal and openly carry a handgun.

Here are some points to be aware of:

  • Rifles and Shotguns (long guns) can be carried without a license.  However, they must be carried in a manner not intended to cause alarm or threat.
  • To openly carry a handgun the person must be licensed by the state the same way they have been licensed to carry a concealed weapon.  This means they must still go through the mandatory training and background checks.
  • The handgun must be holstered on the hip or shoulder.
  • “Premises” means a building or a portion of a building.  Does not include any public or private driveway, street, sidewalk, parking lot or garage.  Property owners cannot prohibit the weapons from be carried or stored in the person’s vehicle in a private parking lot.

Places that all weapons CANNOT be carried – Licensed or not

  • No open carried handguns can be carried on a public college campus.  However Concealed handguns can be carried.
  • All public or private schools, grounds or vehicles of a school.
  • Any Polling on the day of an election or early voting
  • Courthouse or offices of the court
  • Racetrack
  • Secured area of an airport
  • Within 1,000 feet of the premises on the day of an execution

Unless the person is a member of the armed forces, guard for a penal institution, or a properly licensed security officer (following the guidelines as such)

Places where license holders cannot carry a weapon

  • When intoxicated
  • Premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place.
  •  A jail or correctional facility
  • *In the premises of a business which derives 51% or more of its income from the sale of alcohol.
  • *Hospital or Nursing home
  • *Amusement park
  • *Church, synagogue or place of religious worship

*Note: the last four must give effective notice as outlined in Section 30.06 & 30.07

Prohibiting weapons from being carried on private property “premises” (giving notice)

Properties that have a policy prohibiting the carrying of weapons should make sure that everyone entering the premises is aware that entry or remaining on the property with a concealed or open carry handgun is forbidden.  This can be accomplished by giving “Notice”.  A person can receive this notice either by oral or written communication.

“Written Communication” can be a card, document or properly worded and displayed sign.  Properties can choose to limit just Open Carry, in which case only the Sec. 30.07 wording needs to be displayed.  However, if the intent is to restrict both concealed and open carry then both notices must be posted, displayed or handed out.

No Concealed Carry – This is new updated wording.  Current signage should be changed
“Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun”

No Open Carry
 

“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”

Posted signs must:

  • Include the language described above in both English and Spanish
  • Appear in contrasting colors with block letters at least one inch in height
  • Be displayed in a conspicuous manner clearly visible to the public at each entrance to the property.

Important note to remember.  A posted sign is NOT required.  Notice can be given orally OR with a card or document (card or document must have the written language above).

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