3 01 2016
TEXAS OPEN-CARRY LAW
TEXAS OPEN CARRY
On Friday, January 1, 2016, Texas Open-Carry Law went into effect. This means that individuals with concealed handgun licenses can now display those guns in open. [Note, the concealed handgun license (CHL) will now be called license to carry.] However, the guns must be carried on either a belt or shoulder holster.
Ive received several calls, texts, and emails about this new law from clients and members of the community about what the new law means. Questions, likeshould I call 911 if I see someone carrying a firearm? What places can you carry a firearm and what places are prohibited? Can police stop you just to ask for your permit to open carry? Below are links that answer these questions:
Round Rock Police Department
Austin American Statesman
What is unclear is the long-term consequencesboth positive and negativethat may flow from this new law. There is sure to be confusion on how this law will be enforced. I expect to see tons of litigation in state-criminal courts on what constitutes reasonable suspicion or probable cause to stop someone who is openly carrying a firearm and complying with the state law.
For instancewhat if a person is lawfully carrying a gun and a third-party calls 911 because he or she subjectively believes that lawful gun owner is acting dangerous? How do police respond?
These questions and more are yet to be determined. If you get arrested for lawfully carrying a firearmthen call my office today to discuss your rights.
GENARO R. CORTEZ
OPEN CARRY, OPEN CARRY AWARE, PLAIN VIEW, FIREARMS, GUNS