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Old 12-30-2015, 10:03 AM   #1
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Default As Open Carry approaches in the state. .

An newsletter email from TCCI

"The Texas "Concealed Handgun License" (CHL) will, henceforth, be known as the Texas "License to Carry" (LTC).

Will licensees be required to take additional training to obtain a new license, one that doesn't say "concealed?"

No additional training is required. After January 1, 2016, renewed licenses will bear the title "License to Carry" (LTC), rather than a "Concealed Handgun License" (CHL). There is no requirement that current licensees obtain a new license before their current license expires.

Will there be changes to reciprocity agreements with other states?

No. Texans with valid LTC must still obey the laws of other states, some of which allow open carry and some of which do not. Licenses from states which are currently recognized by Texas will continue to be honored, as long as the license holder complies with applicable laws affecting both open and concealed carry. So, just because you can open carry in Texas doesn't mean you can open carry in a reciprocal state.

NRA-ILA website is a good source for firearms and carry laws in other states.

Will licensees be required to have a certain type of holster if their handgun is fully or partially exposed?

Yes. The open carry law requires wholly or partially visible handguns to be carried in a belt or shoulder holster when carried openly on your person or in vehicle. However the DPS instructor outline specifies: A well restrained handgun - will generally not fall from the holster during movement or activity of the person. -is not easily removed by someone other than the person carrying the handgun. -is still readily available by the person carrying the handgun. So, something that holds the gun firmly by friction or device (snap) is recommended by not legally stated in the Penal Code.
Displaying your handgun in public while not having it in a belt or shoulder holster at a time deadly force is not justified, meaning if you pull in out of the holster in public and the use of force or deadly force is not justified you are displaying it!

May a licensee be denied access to a location while openly carrying a handgun?

Private property owners may, by posting statutorily compliant signs, prohibit access to private property by licensees who are carrying either openly or concealed. Licensees may also be given verbal notice to depart the property. Entering a property while openly carrying, where that property is properly posted to prohibit open carry, is a Class C misdemeanor; refusing to leave after having been asked to do so is a class A misdemeanor. P.C. 30.06 and P.30.07. Many places may be fine with concealed carry however may draw the line at open carry.


Texas Attorney General Issues Multiple
Advisory Opinions on Texas Gun Laws

On Monday, December 21, 2015, Texas Attorney General Ken Paxton issued four advisory opinions regarding Texas' new open carry and campus carry laws.

The Texas Attorney General issued advisory opinions stating that:

Cities and counties may violate SB 273 if they post signs prohibiting firearms (30.06 signs), or otherwise prohibit concealed carry in local administrative complexes, other than courtrooms or offices deemed to be essential to operations of a court. Violation s of SB 273 may be remedied by the imposition of civil fines against offending governmental bodies and agencies. So, technically if city hall has everything in one building only the actual courtroom of offices used by the court are off limits. So, if a county had a three story building. The third floor was all the courtrooms and offices, you'd be fine on the first and second floor. (Yes, we could split hairs about the hallway on the third floor but do we really need too...) This opinion is specific to concealed carry and 30.06. However, open carry cannot be restricted by use of 30.07 by state and local governmental entities. Logic would dictate that the same will apply to open carry on 1/1/16.

Texas courts would likely hold that a public college or university exceeded its authority under SB 11 if it banned concealed carry in classrooms or allowed professors to prohibit carrying in their individual classrooms, and that a ban on the possession of handguns by licensees in campus residential facilities would likely violate the provisions of SB 11 because such bans would have the effect of prohibiting campus carry for residents of those facilities. So it's not going to be as easy to prohibit license holders on public universities or colleges due to this opinion. Remember private universities and colleges can prohibit carry anywhere on campus including parking lots because it is private property. There is no open carry on universities or colleges at all!

You can carry open on public school property (Independent School Districts) parking lots, sidewalks, driveways and streets on the public school property is just like carrying concealed. NOT IN THE BUILDINGS! Licensees could violate the Penal Code if they carry handguns openly or concealed about their person on the grounds where a school-sponsored activity is taking place, including areas such as streets, parking lots and sidewalks that are otherwise excluded from the definition of "premises." We have always promoted leaving your handgun in the car in the parking lot to avoid possible complications. Your choice, if you get prosecuted for being too close to the band practice it is a felony, serious stuff...

The full text of the Texas Attorney General opinions can be downloaded here:

Opinion No. KP-0047

Opinion No. KP-0049

Opinion No. KP-0050

Opinion No. KP-0051

Attorney General Opinion's do not have the force of law. However, courts often consider such opinions to be persuasive when interpreting a law.

A full list of the 2015/16 CHL updates can be found on our FAQ page.



Newsletter written by Phil Ryan Owner TCCI
Master Peace Officer
Police Firearms Instructor
Police Academy Instructor
CHL instructor since 1995
www.txconcealedcarry.com
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Old 12-31-2015, 03:29 AM   #2
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cliff notes. open carry has been passed? In English. thx.
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Old 12-31-2015, 04:43 AM   #3
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cliff notes. open carry has been passed? In English. thx.
Yes, already passed, goes into effect after the new year, but you must have a concealed license, or as will be called license to carry, in order to open carry a handgun in a belt or shoulder holster.
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Old 01-01-2016, 04:28 PM   #4
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No idea why anyone would open carry, leaves you open to unwanted (and now legal) police interaction, makes you a target, and just generally pisses off non-gun people.
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Old 01-01-2016, 06:04 PM   #5
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Originally Posted by mbowdo20 View Post
No idea why anyone would open carry, leaves you open to unwanted (and now legal) police interaction, makes you a target, and just generally pisses off non-gun people.
Because only the anti-gun crowd thinks this means people now have the right to display their guns at will & will be wearing shotguns, rifles, & hand cannons every where they go.

They can't accept the fact this isn't going to change how folks with guns are still going to keep their weapons concealed.
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Old 01-04-2016, 03:09 PM   #6
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Quote:
Originally Posted by mbowdo20 View Post
No idea why anyone would open carry, leaves you open to unwanted (and now legal) police interaction, makes you a target, and just generally pisses off non-gun people.
Carrying OWB with a shirt or coat over it but not having to worry about keeping it completely covered is attractive from a comfort standpoint. I generally agree though. Not having to worry about printing or my shirt riding up is nice too.
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Old 01-04-2016, 06:06 PM   #7
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Still haven't OC'ed yet - prefer CC overall - probably will OC in the car/truck, just from a tactical perspective as it's easier for me to draw while seated with OC than CC. When I'm in town my day consists of driver to work, drive home, maybe get gas, so might OC there, we own our office building so OC there is my prerogative if I want to, have told our tenants "feel free to OC" - actually razzed one of them today as he was coming back from the WC with an empty OWB holster...LOL
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Old 01-04-2016, 08:01 PM   #8
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Quote:
Originally Posted by mbowdo20 View Post
No idea why anyone would open carry, leaves you open to unwanted (and now legal) police interaction, makes you a target, and just generally pisses off non-gun people.
The idea of OC is more important in regaining a right than the actual practice of it. Liberals want conservatives to "compromise" on gun control by eroding the 2nd amendment, and that's not a compromise.

But I can understand OC if I lived in a rural/farm area, or if I was at training and didn't feel like removing gear when stopping into town to get food or whatnot.

When people think of Texas, gun-friendly comes first to mind; but the reality of it is that Texas is the 45 state in the union to have OC...
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Old 01-05-2016, 02:26 AM   #9
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Quote:
Originally Posted by Shorty View Post
Carrying OWB with a shirt or coat over it but not having to worry about keeping it completely covered is attractive from a comfort standpoint. I generally agree though. Not having to worry about printing or my shirt riding up is nice too.
This is a great point. I keep a handgun in my car within easy reach 24/7 but rarely CC because it's such a pita to carry anything larger than my Ruger 380 and keep it totally concealed. I will definitely carry more often now since it doesn't have to be 100% concealed but probably would never openly flaunt it for everyone to see.
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Old 01-05-2016, 03:47 PM   #10
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I used to have CHL and found my relatively big 10 mm Glocks were difficult to conceal and still be meaningfully accessible. I might get a license again if I knew an inadvertent reveal was no big deal. I'd never OC for all the reasons above and because I'd prefer a bad guy not know if and where my weapon is.
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Old 01-06-2016, 03:55 PM   #11
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Inadvertent reveal is now not a big deal at all - i.e. - you can go between CC and OC at will with the new LTC (or if you have the old CHL).
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