Update on Texas Open Carry Laws

Posted by Carl Gerhardt

on Nov 03, 2015

On 11/03/2015, Sergeant Billy Masden spoke to the Magnolia Rotary Club about the new "Open Carry" laws in Texas. Pictured from left to right in the above photo is Rotary President, Real Provencher and Constable from Pct. 5, Sergeant Billy Masden.

Sergeant Billy Masden told everyone that Texas has finally passed the Texas Open Carry Law but that it is not legal until January 1, 2016. He then provided answers to the following general questions about the law before opening it up to questions from the audience.

1. Can I lawfully open carry a firearm in Texas?

Yes, as of January 1, 2016, you can carry any handgun openly or concealed as long as you are licensed by Texas or a state with reciprocity. By law, the handgun must be carried in a "shoulder or belt holster". Long arms do not require a license.

2. Can I open carry at my university or college?

No, not in all areas. While campus carry is legal as of August 1, 2016 for 4 year colleges, it must remain concealed and you must have a handgun license. To get a license you must be at least 21 years of age. Public universities will still have some rights as to restrictions. **** JUNIOR COLLEGE CAMPUS CARRY STARTS AUGUST 1, 2017.

3. I live out of state. Can I open carry in Texas?

Yes. There are no residency restrictions to legal open carry as long as you possess a handgun license. You MUST adhere to the rules and laws of the state you are visiting.

4. I already have a CHL. Will I need to get another license to open carry?

No. Your concealed handgun license will "qualify" you to open carry a handgun. The CHL will become just a handgun license.

5. I heard there is additional training for open carry. Do I need to retake the class?

No. The new training will be added to the CHL classes as mandated by the law for those required to take the class. No additional training will be required of current CHL holders.

6. Am I required to use a "retention holster"?

No. While we highly recommend a retention holster to better ensure that your firearm remains secure while carried openly or concealed, there is no requirement to have any specific holster.

7. Can peace Officers require you to present CHL and ID for open carry?

YES. A Peace Officer can in fact request your ID and CHL at any time you are open carrying. Failure to do so will result in an arrest and loss of CHL.

8. Do I give up my right to open carry if I get a concealed handgun permit?

No. Once you have completed the CHL (LTC - License To Carry), you can carry either way.

9. Can I open carry on private property?

Yes, provided the property does not display a 30.07 sign. The 30.07 sign will ban open carry, while the 30.06 sign will still apply to concealed carry. A business wanting to completely ban firearms is required to post both in plain sight. However, if the owner requests removal of the weapon or asks you to leave the property, please respect his or her wishes. Failure to do so could result in the charge of Criminal Trespass and Unlawful Carry.

10. Do local law enforcement officers know that open carry is legal?

Many do, but some do not. Due to this being new, education for both officers and those wishing to open carry is paramount.

11. Can I open carry in a vehicle?

Yes. However, you NO longer have to conceal your holstered firearm while in your vehicle provided you have a license. If you do NOT have a license, you WILL need to keep your handgun concealed. The weapon must be in a holster (belt or shoulder) even in your vehicle if you chose to open carry.

Sergeat Masden then asked for questions and answered all the questions brought up.

An additional photo of Sergeant Masden giving his presentation can be seen below: