Policy Report on Open Carry Procedures in Texas
Written and edited by Meyer Hirsch
February 23rd, 2024
February 23rd, 2024
What is open carry?
Open carry refers to the legal practice of visibly carrying firearms in public places, openly displaying them in holsters or slings. This practice contrasts with concealed carry, where firearms are carried in a manner that conceals them from public view. Open carry laws vary by state, with some states allowing open carry without a permit, while others require individuals to obtain a license or permit.
In Texas, open carry of handguns is allowed for individuals who possess a License to Carry (LTC), formerly known as a Concealed Handgun License (CHL). The license is issued by the Texas Department of Public Safety (DPS) after completing training and passing a background check. Open carry of long guns, such as rifles and shotguns, is generally legal without a permit, except in certain restricted areas.
- There are some cases in which permitless carry is allowed:
What does open carry look like in Texas?
In Texas, licensed individuals are permitted to openly carry handguns in most public places, including streets, sidewalks, parks, and most businesses. However, there are exceptions, and open carry is prohibited in certain locations, such as schools, polling places, government buildings, hospitals, and establishments that derive most of their revenue from alcohol sales. Signs may be posted to indicate areas where open carry is prohibited.
According to statistics from the Texas Department of Public Safety, as of January 2023, there were approximately 1.7 million active License-to-carry holders in Texas, representing about 6.6% of the state's population aged 21 and older. Additionally, the DPS reported that in 2022, there were over 400,000 new LTC applications processed.
- Although permit-less carry is legal, it is still possible to be arrested for unlawful carry for many reasons: for example, if you are intoxicated, if you are a felon, if you are in a government building without a license, or if you are in a restricted place like a public school.
What legislation has been enacted regarding open carry in the US? Specific legislation in Texas?
At the federal level, there is no specific legislation addressing open carry, as firearm regulations primarily fall under the jurisdiction of individual states. However, the Second Amendment of the United States Constitution protects the right to bear arms, which courts interpreted to include the right to openly carry firearms in public places, subject to reasonable restrictions imposed by state and local governments.
In Texas, open carry rights are governed by state law. Senate Bill 17, signed into law in 2019, expanded open-carry rights by allowing licensed individuals to carry handguns in more places, including churches, synagogues, and other places of worship. Prior to SB 17, open carry of handguns was generally restricted to fewer locations. Beginning September 1, 2021, HB1927 made it legal in Texas for most people 21 or over to carry a handgun in a holster without a permit both openly and/or concealed. This law modified the previous open carry law from 2016 by eliminating the requirement to have a license to carry.
Guns Not Allowed:
- Secured areas of the Airport
- Courthouse
- Polling places on any voting days
- Schools
- Places of business with visible signage prohibiting handguns
- Businesses permitted by TABC that derive 51% or more of their income from the sale of alcohol
- High school, college, interscholastic, or professional sporting event unless the person is a participant and the event involves the use of the weapon
- Correctional facility; civil commitment facility, hospital, nursing facility, or mental hospital
- Amusement park
- A room(s) where an open governmental meeting is occurring
Critics have raised various concerns regarding open carry laws, including:
Fear and Intimidation: Critics argue that openly carrying firearms in public spaces can create fear and intimidation among the public, leading to potential conflicts or misunderstandings. According to a 2019 survey by the Texas Politics Project, 48% of Texans surveyed reported feeling uncomfortable when they see someone openly carrying a firearm.
Potential for Violence: Some critics express concerns that the presence of openly carried firearms could escalate conflicts or lead to gun violence, particularly in situations where tensions are high or where individuals may feel threatened by the sight of firearms.
- There were 15 deaths by firearms per 100,000 people in Texas in 2021, a 50% increase from 1999 when there were on average 10 deaths by firearms per 100,000 people. Over the same period, firearm-related homicides rose 66% and suicides involving firearms rose 40%.
Law Enforcement Challenges: Law enforcement officials have voiced concerns about the challenges of distinguishing between lawful gun carriers and potential threats, which could complicate their response to emergencies or calls for service.
Impact on Public Spaces: Critics argue that the normalization of open carry in public spaces could have a chilling effect on free speech and peaceful assembly, as individuals may feel uncomfortable exercising their rights in the presence of armed individuals.
Overall, critics emphasize the need for balanced gun policies that prioritize public safety while respecting individual rights. They advocate for measures such as universal background checks, mental health screenings, and restrictions on high-capacity firearms to address concerns associated with open carry and gun violence.
Important Links:
https://www.texastribune.org/2023/08/10/texas-license-to-carry-handgun/
https://www.josephruizlaw.com/blog/texas-gun-laws/
https://guides.sll.texas.gov/gun-laws/license-to-carry
https://www.austintexas.gov/department/open-carry#:~:text=Beginning%20September%201%2C%202021%2C%20HB1927,have%20a%20license%20to%20carry.
https://guides.sll.texas.gov/gun-laws/carry-of-firearms