San Antonio Police Department Open Carry Legislation Issues
National Trends in Open Carry Texas is the 45 th state to allow some form of open carry. No permit is required to open carry in 30 states A permit is required to open carry in 15 states Five states do not allow any form of open carry 2
Open Carry in the United States 3
NEW BILLS House Bill 910 Effective January 1, 2016 Establishes Open Carry of handguns (in addition to concealed carry) by State Handgun license holders and some license holders from certain other states. Texas has reciprocity with 42 states 4
NEW BILLS Senate Bill 273 Effective September 1, 2015 Prohibits government entities from restricting a license holder from entering or remaining on a premises or other place owned or leased by the governmental entity. This does not apply to private entities 5
STATE HANDGUN LICENSE HOLDERS Currently, State licenses citizens to carry concealed weapons after background check and training. Effective January 1, 2016, these same licensees will also be able to openly carry handguns as long as they are kept in a shoulder holster or belt holster. 6
STATE HANDGUN LICENSE HOLDERS The State did not define or set requirements for what is considered a holster 7
IMPACT OF OPEN CARRY LAW Visitors to your place of business or offices will be openly visible to your employees and customers unless you prohibit their entry. Unless you properly prohibit entry by posting the exactly worded state required sign with letters of correct size, the handgun licensee will be free to enter your building wearing their handgun. 8
IMPACT OF OPEN CARRY LAW After entering a building, a licensee would need to be asked to leave the building verbally or in writing under the threat of filing a trespass charge, in order to get them to leave. 9
AUTHORITY TO DENY ENTRY Texas Penal Code Sec. 30.06 and Sec. 30.07 establish the exact sign that must be used to prevent entry by licensees with concealed and open handguns, respectively. By separate sign under Penal Code 30.05, entry may be prohibited by an owner, into buildings to any person carrying firearms (except a handgun license holder with a handgun). 10
AUTHORITY TO DENY ENTRY Separate laws may prohibit possessing firearms at some schools, sporting events, polling places, racetracks or in establishments in which the on premise consumption of alcohol accounts for over 51% of receipts, and fall under the requirements of specialized statutes. Specialized signs may be required to provide proper notice at such place 11
COLLEGE CAMPUSES: Open vs. Concealed Carry Open carry of firearms is prohibited on college campuses. Concealed carry is governed by the following rules. 12
COLLEGE CAMPUSES: Public vs. Private Private or Independent colleges may totally prohibit the carrying of handguns on the campus or grounds where a school activity is conducted. Public institutions may not. 13
COLLEGE CAMPUSES: Four year vs. Junior Colleges Effective August 1, 2016 for four year colleges and August 1, 2017 for Junior Colleges public schools may partially restrict open carry by following certain procedures and adopting rules. These rules may apply to the storage of handguns in dormitories on campus, as well as the concealed carrying of handguns. The rules may not generally prohibit a license holder from carrying a concealed handgun on the campus. 14
COLLEGE CAMPUSES: Four year vs. Junior Colleges These rules may apply to the storage of handguns in dormitories on campus, as well as the concealed carrying of handguns. The rules may not generally prohibit a license holder from carrying a concealed handgun on the campus. To prohibit the carrying of concealed weapons, the school must post a sign as required by Penal Code Section 30.06. 15
PROPER SIGNAGE Signage is dictated by State Law 16
IMPORTANCE OF PROPER SIGNS Proper signs trigger your ability to prevent entry to persons carrying weapons at the door to your buildings. Without such signs, a person in authority would be required to approach the individual after they had entered your building. 17
IMPORTANCE OF PROPER SIGNS This should be avoided because police cannot respond to the presence of every handgun license holder, and can make an arrest only if there is a disturbance or possible breach of the peace. Businesses should consult their own counsel for interpretation of the laws and recommendations on how to legally set and enforce their policies. 18
LAWS RELATING TO CARRYING OF WEAPONS Different types of firearms are regulated differently. Handguns may not be carried in public without a license. Long guns may be carried openly. Under the Local Government Code, Sec. 229.001 a municipality is heavily restricted on how it can regulate firearms and it may not, in most all cases, regulate the carrying of a firearm by a license holder. 19
LAWS RELATING TO CARRYING OF WEAPONS This all means that business owners must get up to date legal advice from their counsel on how to to maintain control over weapons being brought into their buildings. 20
AUTHORITY TO DISARM Peace officers may temporarily disarm handgun license holders only when they perceive the weapon poses a danger to the license holder or someone else, but must return the weapon if the license holder is released without arrest. Peace officers will only arrest persons engaged in disorderly conduct, other criminal activity, or persons possessing weapons not legal to be carried in public. 21
HANDLING OF EMPLOYEES Employers should seek legal advice from counsel if they wish to prohibit weapons in the workplace. State law allows such restrictions in workplaces but not in parking areas. 22
San Antonio Police Department THANK YOU