Hello,
I recently attended the open forum on the new Texas Open Carry legislation. The panel was compromised of HPD Chief Charles McClelland, Jr., Harris County DA Devon Anderson, and COH Attorney Donna Edmundson.
The new law will allow a licensed holder to "open carry" a handgun in a holster starting January 1, 2016. Public libraries are not exempt for this legislation.
A link to the panel discussion can be found here:
https://www.youtube.com/watch?v=JQGrM_vOH7w
In summary, the point of this forum was to make citizens aware of the new law and allow them a chance to ask questions to representatives from HPD, Harris County, and COH. The panelists really wanted citizens to understand that while HPD will respond to calls and investigate accordingly, citizens need to use their judgement when reporting that someone has a gun since with this new law it is legal for a person with a Concealed Handgun License to openly carry their handgun in a holster.
Policies and procedures are created by the Mayor and City Council.
Guidelines regarding the law, policies, and procedures will be distributed but it is unknown when.
Open Carry Notes
- Forum panel consisted of HPD Chief McClelland, Harris County DA Judge Anderson, and COH Attorney Edmundson.
- Reminded everyone that starting January 1, 2016, citizens can open carry their guns in a belt or shoulder holster.
- Open carry is not allowed everywhere (e.g., educational facilities)
- Police determine who is legal by stopping a citizen to ask if that person as a CHL
- Constitutional carry (def. constitutional carry is a neologism for the legal carrying of a handgun, either openly or concealed, without the requirement of a government permit) did not pass, so HPD (not citizens) have the right to ask a person to present their ID and/or CHL to determine if they are legally carrying their gun.
- Citizens do have to produce their ID or CHL when asked
- Failure to present CHL has consequences (e.g., arrest, loss of CHL)
- Citizens do not have the right to ask another citizen to produce their ID or CHL
- Reminded everyone that a citizen with a gun does not imply violation of the law
- Observe the person and see what he or she is doing
- If behavior is suspicious (e.g., wearing a heavy coat in summer, agitated behavior, etc.) call HPD and they will respond
- If a citizen displays a firearm to alarm (un-holsters gun) or displays firearm in a calculated way to alarm, HPD will investigate by talking to suspect, witnesses, and will call the DA if needed.
- Officers can have a reasonable suspicion to stop and ask citizen to comply
- Officers can detain a citizen to ask about ID, but once the citizen demonstrates that they are legally carrying, then the interaction becomes a consensual (voluntary) encounter
- HPD will be undergoing new training protocols
- If citizen needs to enter secure location in public facility, citizen has to detach holster and secure in vehicle or gun locker before proceeding into secure area
- Citizens allowed to carry in police facility (e.g., station) as long as he or she is restricted to public areas
- Schools are prohibited areas, but people can carry around school (e.g., public sidewalks)
- Zoos are not exempt at this point
- Citizens can carry in libraries, City Hall, community centers (any government building and/or institutions)
- Public libraries are not a restricted facility
- Some COH buildings will have gun lockers installed
- Possible talk of making some facilities at which students take field trips regularly educational zones (case-by-cases basis)
- Private businesses that want to prohibit open carry and concealed carry handguns must post two signs (306 and 307) at each entrance
- No concrete outline regarding the type of holster required (e.g., a bra holster is apparently okay, as well as a back holster and a holster at which the gun rests 6-inches below the waist)
- There are no requirements regarding retention on the holster
- Recommended advice for CHL persons:
- Get a holster with a level 2-3 holster
- get an umbrella insurance policy
- Some COH guidelines and policies and procedures will be provided (distribution of literature) to citizens
- It is a Class B Misdemeanor to file a false 911 report, but the determination of whether a report is "false" or "fake" depends on the situation.
- COH employees cannot carry a firearm on their person at a work location but can store their firearm in their car in the parking lot
- A "ghostbusters sign" is sufficient for a private business IF it is coupled with a verbal instruction to leave the premises.
- Law does not exempt anyone from any legal consequences from carrying