Open carry – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 The Wild Wild West: “Open Carry” Law in Texas Rings in the New Year https://legacy.lawstreetmedia.com/blogs/law/wild-wild-west-open-carry-law-texas-rings-new-year/ https://legacy.lawstreetmedia.com/blogs/law/wild-wild-west-open-carry-law-texas-rings-new-year/#respond Wed, 30 Dec 2015 16:05:47 +0000 http://lawstreetmedia.com/?p=49768

Why is this necessary?

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Hold on to your holsters, folks–there’s a new gun law in Texas. As of January 1, 2016, licensed owners of firearms will be able to carry them in plain view in most places. People will actually be able to flaunt and parade their firearms in belt and shoulder holsters in public…at restaurants, bars, parks, and stores–for every person to witness. It begs the question, is it necessary to expose one’s weapon in public spaces in light of laws allowing for weapons to be carried so long as they are concealed? And if it is necessary, why?

Earlier this year, on June 13, 2015, Governor Greg Abbott (R) signed the open carry bill into law. It passed in the Texas House by a margin of 102-43 votes and in the Senate by 20-11, divided by party lines with Democrats opposing the bill. Visible handguns have been banned in Texas since just after the Civil War, but that will change with the new law taking effect by the start of the New Year.

Despite its Wild West history of cowboys, bandits, John Wayne, and fairly lax gun laws, Texas is pretty late to flex the open carry facet of its Second Amendment arm. Surprisingly, it is the 45th state to enact such legislation, but only after a provision barring law enforcement from asking Texas residents whether they were licensed or had a proper license to carry firearms visibly was removed from the bill. Texas is by far the most populous state with the open carry laws, with nearly 850,000 concealed license holders, thereby making it a notable change regarding the nation’s gun laws as a whole.

Thankfully, the law allows for private businesses and establishments to ban open carry and many have been on the fence about the direction in which they will go. A number of family-based restaurants have geared up to ban visible weapons within their establishments. They fear that families with children and other customers would be “a little uncomfortable” coming to a restaurant that has firearms in plain view. Additionally, H-E-B, a grocery store chain with 316 stores in 150 Texas communities, has also decided to ban open carry within its store. Largely staying out of the debate, H-E-B noted that it sells alcoholic beverages and are acting in accordance to state regulations on that basis. The store, for years, has maintained the policy that long guns and unlicensed guns are prohibited on its property. But it allows concealed weapons and will continue to do so. Whole Foods and Randall’s have followed H-E-B’s suit in banning open carry within their stores.

Other organizations have taken a different stance. Kroger, another grocery chain, will allow open carry within its stores, as will the First Baptist Church of Arlington, near Dallas, Texas. Senior Pastor Dennis Wiles, who sees approximately 2,500 worshipers on Sundays, noted that he came to the decision after meeting with the church’s legal team, congregants, and police officers. Wiles further recognized that the church will re-assess the situation in a couple of months to see if there are any issues to be address, however, he is confident that there won’t be much of a noticeable difference. Executive Director Charley Wilkison of the Combined Law Enforcement Associations of Texas does not agree. Wilkison stated that, “[p]eople will drive without a license…[a]nd we can sure count on them to carry a weapon without training or license.”

But we still don’t know why. Why is this necessary? Intimidation? Self defense? Fashion? What good will come of this? Furthermore, if individuals are entitled to carry concealed weapons, why the additional need to flaunt those weapons, particularly at a time when citizens have been plagued by mass shootings, police brutality, racial discrimination, and religious intolerance? Placing firearm intimidation on the forefront of unstable societal, racial, and economic tensions does not sound like positive and commendable progression toward stability in such a gun weary and gun polarized nation.

Ajla Glavasevic
Ajla Glavasevic is a first-generation Bosnian full of spunk, sass, and humor. She graduated from SUNY Buffalo with a Bachelor of Science in Finance and received her J.D. from the University of Cincinnati College of Law. Ajla is currently a licensed attorney in Pennsylvania and when she isn’t lawyering and writing, the former Team USA Women’s Bobsled athlete (2014-2015 National Team) likes to stay active and travel. Contact Ajla at Staff@LawStreetMedia.com.

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Texas Considering Open Carry of Handguns https://legacy.lawstreetmedia.com/blogs/culture-blog/texas-considering-open-carry-handguns/ https://legacy.lawstreetmedia.com/blogs/culture-blog/texas-considering-open-carry-handguns/#comments Wed, 17 Dec 2014 15:26:36 +0000 http://lawstreetmedia.wpengine.com/?p=30223

Texas is considering open carry of handguns, which would remove it from the list of six remaining states where the practice is illegal.

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Image courtesy of [Lars Plougmann via Flickr]

Hey y’all!

When most people think of Texas one of the first things they associate with this great state is guns–and they would be correct. Texans love their guns! And now lawmakers in the Lonestar state are considering expanding our gun rights.

According to Fox News, Governor-elect Greg Abbott was very open about this the day after his election in November: “If open carry is good enough for Massachusetts, it’s good enough for the state of Texas,.”

Texas has had an open carry ban since the 1870s and I think it might be time to reevaluate those laws. The whole purpose of the original ban of carrying handguns was “when the carpet-bagger government was very anxious about former Confederates and recently freed slaves carrying firearms.”

There are now about 810,000 registered concealed handgun license holders in the state. That is the entire population of San Francisco.

Despite the early momentum of this idea, there are no guarantees open carry will even pass. Bills to allow concealed handguns on college campuses appeared to have huge support in 2009, 2011, and 2013, but they didn’t go anywhere due to objections from universities and law enforcement.

There are plenty of Texans who have their concealed handgun license, so we already know that at least those people are carrying guns. Why not let them show that they are carrying the gun instead of hiding it from all to see? Some people get a certain level of comfort from knowing that they could protect themselves if need be.

I do understand the objections of universities allowing handguns on campus. There haven’t been many shootings on campuses in Texas; but one notorious shooting could keep most universities on edge. Back in 1966, Charles Whitman climbed to the top of the University of Texas Tower with three rifles, two pistols, and a sawed-off shotgun. This guy was an ex-Marine and an architectural engineering major at UT who had already murdered his mother and wife before going to the UT Tower and continuing his killing spree. He had perfect aim at the five-block radius below to kill whomever he wanted. It took 96 minutes to take Whitman down, but 43 people were shot and 13 of them died. That is one chilling tale and enough to have anyone want to oppose an open carry law. However, Charles Whitman was a very sick man and there have been steps taken to prevent something like that from happening again.

Texas has the most federal firearms license holders in the country. The state allows public displays of long guns, such as rifles and shotguns. Concealed handguns are allowed inside the Capitol, where license holders can bypass metal detectors. And yet Texas still insists that handguns be concealed.

According to Fox News, most of the country already allows some form of open carry of handguns but Texas, California, Florida, New York, Illinois, and South Carolina–which make up more than a third of the U.S. population–do not.

A majority of the open carry bills already filed for the upcoming session would still require a license. One, by Rep. Jonathan Stickland, R-Bedford, would eliminate the licensing requirement for concealed or open carry. This is something I don’t agree with. If you are going to openly carry a gun around then you need to have a license. You need to have something that says you understand how to use the gun, what the gun laws are, and what kind of power a gun has.

Texans love their guns. I was raised on how to use them but also how to respect them. It is a culture down here in the South. By all means allow us to show that we have a gun but still make sure that those who carry have the same knowledge and respect for those guns.

Allison Dawson
Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

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