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A Texan Considers Open Carry

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Texas has itself in a bit of a pickle. Here we are with a reputation as a “free state” where everything’s bigger, the cattle graze on endless plains, and the jobs are plentiful. I still remember telling Farago about the process I went through to acquire my CHL and him replying, “I thought you lived in Texas.” Ya see pardner, it’s a big open secret that our processes and procedures for legally carrying a handgun are a bit onerous. First, there’s the training and testing. Then the money. And finally . . .

the vetting and waiting. Sure, its gotten better since I first got mine, but it still disproportionately affects the hardworking poor who often cannot take time off from work and family to attend a day-long state-mandated education and testing session. And don’t even get me started on the licensing fees. Even after all that we still don’t have lawful open carry of handguns.

If you’ve been reading TTAG lately, we’ve been staying current on the goings on at the Texas legislature as our duly elected officials look to put open carry on the books with an effective date somewhere in early 2016. While I’d much rather see firearms freedom restored sooner, it does give gun owners like me a bit of time to truly consider the implications of open carry. And the time to save up for the Texas Edition SIG 1911.

Before I get into the particular issue I’m wrestling with, a little background on what it takes to become legally licensed to carry a handgun on or about your person in the Lone Star State. First, you need to eligible.

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:

Second, you need to apply

GC §411.174. APPLICATION. (a) An applicant for a license to carry a concealed handgun must submit to the director’s designee described by Section 411.176:

Once you get past those requirements, the classes, and the money required for the privilege, setting about to carry is a bit of a minefield, legally speaking. As you can imagine, there are a few places where carrying a handgun is strictly verboten.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder’s person:

If that wall of text made your eyes bleed, a simple list of places you can’t carry looks like this:

An offense under the previously mentioned sections is a Class A misdemeanor in the state of Texas. And frankly, a Class A misdemeanor is nothing to trifle with.

Sec.12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:

Now that I’ve put the hurt on you, let’s get down to brass tacks. With the anticipated advent of open carry here, there’s going to be an endless debate about how tactically sound it is to carry a handgun openly versus concealed. We’ve rehashed a lot of that before and frankly, my opinion is, “it depends.”

This is still academic since we don’t have any legislation on the books (as of this writing) making it legal. That will hopefully change soon, and if we’re real lucky, they’ll strike the licensing requirement completely, making Texas a very large constitutional carry state, but I don’t see that happening.

One undeniable drawback to openly carrying a handgun in the state of Texas, and the thing holding me back from jumping in with both feet, it’s not hard to unintentionally violate one of the requirements listed above. Sure, a lot of those places can be easily avoided (racetracks, sporting events, correctional facilities, etc.). But the two that are the absolute worst are those with posted signs.

As some of you know, a “no guns allowed” sign does not carry the force of law in my state, a fact that I have used with great delight as I merrily carried concealed and went about my day. One of those places, Whole Foods, evidently got wise to their lack of compliance and got around to posting the necessary language, though not “to code” as our head honcho Farago pointed out back in January.

And to keep my nose clean, I’d never admit that I’ve ever carried a handgun in a place with one of those signs anyway. I’m a law abiding citizen. But I can tell you with a great deal of certainty that it is very easy to get surprised by one since there’s no legal requirement or hoops to jump through to post one. For example: IKEA.

When my wife and I finally purchased our first home, we needed some furnishings and I wanted to assemble something with the worst tools possible for the job. So naturally, we travelled north to the IKEA store in Round Rock. Like any other day of the year, I was carrying.

As you might imagine, Saturday afternoon at IKEA is a happening place, and we found ourselves having to park a great ways away to find an open spot. Gun on my hip and AmEx burning a hole in my pocket, we set off toward the great furniture showroom over the hill.

Upon completing our trek, I couldn’t help but notice the properly displayed 30.06 sign letting us know that as lawfully armed Texans, we’d be facing a $4000 fine and/or a year in the slammer for crossing the threshold. Now, I would never break the law, so of course we hiked back, secured my firearm in my truck, and hiked back once more to give an anti-gun company our money. Please leave your supportive comments regarding this decision in the section below.

We could have just as easily waltzed on in, content to wrap ourselves in the security that “concealed means concealed” and that if anybody saw my firearm, it was likely because it was being used legally. And I think we’d be silly to think that 100% of the time, 100% of the 30.06 signs keep 100% of the CHL equipped Texans from carrying. But as you can plainly seen, that’s because the guns can’t be plainly seen.

As long as the 30.06 and new 30.07 language is on the books, open carry will be a paper tiger in the Lone Star State. Law abiding citizens with lots to lose simply can’t run the risk of being arrested and prosecuted by an overzealous DA. I’ve worked far too hard for far too long to spend a year in jail for exercising the rights protected by the Constitution.

My brother-in-law called me earlier this week to ask me some questions about open carry as it’s been big news lately. We chatted about the points above, and he agreed that our licensing scheme disproportionately affects the hardworking poor. We chatted a bit more about the 51% and 30.06 signs and he agreed that it seemed like a minefield for the lawful citizen. And then he asked what we both knew was coming.

“When open carry legislation passes, will you carry openly?”

To which I answered, “It depends.” Out in the rural parts of Texas I frequent for hunting, hiking, camping, and adventuring, I’d say the odds of me carrying openly are a big fat probably. It will be nice to go into town after a morning deer hunt and not have to throw on a big jacket to cover up.

But in Austin and various other metro areas, I’ll probably still keep my piece under wraps. Austin isn’t exactly welcoming when it comes to guns, and the 30.06 signs pop up in all sorts of unexpected places. Risking a $4000 fine, the loss of my CHL, and potentially a year behind bars will dissuade me from exercising the right in all but the most controlled circumstances.

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