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TX Open Carry Jan. 1, 2016-What you need to know!

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HB 910 Licensed Open Carry: Frequently Asked Questions

There are very few changes to existing law beyond the removal of the word “concealed” from statute, but there are exceptions and licensees should become familiar with those changes.

Bill Analysis for HB 910 – Licensed Open Carry

Frequently Asked Questions:

  • When will the new open carry law go into effect? — January 1, 2016.

  • Will I be required to take additional training to get a new license, one that doesn’t say “concealed”? — No additional training is required. After January 1, a renewed license will be for a License to Carry (LTC), rather than a Concealed Handgun License (CHL). There is no need to obtain a new license before your current CHL expires.

  • Will there be changes to reciprocity agreements with other states? — No. Texans with valid carry licenses must follow reciprocal state’s laws, some of which allow open carry and others 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.

  • Am I required to have a certain type of holster for my handgun if it’s fully or partially exposed? — Yes, statute requires wholly or partially visible handguns to be carried in a belt or shoulder holster when carried on your person or in your vehicle. There is no specific requirement for a retention holster.

  • Can I be prevented access to any location while openly carrying a handgun? — Private property owners may prohibit access by a licensee with a wholly or partially visible handgun by posting a 30.07 sign. You could also be given verbal notice to leave the property by the owner or manager. Entering a 30.07-posted property with a wholly or partially visible handgun is a Class C misdemeanor; refusing to leave when you’ve been asked to do so is a class A and could cause you to lose your license. If you are asked to leave, it is recommended that you do so immediately. Note: If a business wants to prohibit licensees from carrying both concealed and openly, they must postboth 30.06 and 30.07 signs. NO exposed handguns are allowed on the grounds or any portion of a college campus, or in any of the prohibited locations listed in Penal Code Section 46.03 or 46.035.

Governor Abbott recently set the tone for the new law and the New Year by adopting a policy that individuals properly licensed under Chapter 411, Subchapter H, of the Texas Government Code may carry a handgun openly or concealed on the premises of the Office of the Governor in accordance with state law. Similarly, the Texas Legislature did not impose any new restrictions on carrying in the Capitol by individuals in possession of a valid License to Carry with passage of HB 910. These examples will hopefully dissuade local governments from attempting to pass illegal ordinances and post improper signs as open carry takes effect next year.

 

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It's going to take numerous lawsuits and court cases before the local Barney Fifes will admit to having to operate under the laws concerning open carry themselves. Texas Law Shield and others should have a very busy 2016. Thanks for the information, Bob.

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It's going to take numerous lawsuits and court cases before the local Barney Fifes will admit to having to operate under the laws concerning open carry themselves. Texas Law Shield and others should have a very busy 2016. Thanks for the information, Bob.

your are right i know leos that are still fighting ccw as well as your vechicle is your castle

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