Come Jan. 1, 2016, the controversial new open carry gun law will take effect, and San Angelo Police and other agencies are preparing for what's to come. In fact, Chief Tim Vasquez of the San Angelo Police Department said there are a few things people need to know in regards to the law that takes effect in just two weeks.
The Stipulations of Open and Carry
First, individuals who currently hold a valid license to carry a concealed gun do not have to attend extra training, nor will they need a separate license. They may continue to carry while the license is valid. However, those wishing to obtain or renew their license after the first of the year will have to complete updated training. Reference material will be provided on the Texas Department of Public Safety website, and the eligibility requirements to obtain a license to carry will not change. State law allows residents 21 and older, as well as those on active military duty, to obtain a license after undergoing a background check, taking classes and passing written and hands-on tests.
Additionally, those individuals who choose to open carry can only carry handguns, loaded or unloaded, in a shoulder or belt holster.
Chief Vasquez said there will probably be some confusion with these details in the beginning.
“We are expecting, for sure, more calls for service. I suspect that initially people who have concealed handgun permits will be carrying their firearms, and how long that lives, I don’t know. Also, it is going to take quite a bit of time for our systems to get used to seeing that around. I don’t think we will see any increase in crime level, but I do think we will see an increase in work load,” said Vasquez.
Vasquez also said that his department will follow protocol that requires a permit.
“Legislatures left the unlawful carry law in place; and in that particular law, it says that it is unlawful for anyone to carry a weapon, a gun, a pistol specifically, unless they have a permit," Vasquez explained.
That means SAPD officers will be checking for permits, but if that is the only reason they have stopped someone, they will release them once they do a verification.”
Therefore, people who are carrying openly must keep a permit on them at all times so the citizen can present it to law enforcement upon request.
“What we have done is we have created a policy and sent out some guidelines to the officers in regards to how to handle these situations, and it’s pretty clear to them that’s how we will do it," Vasquez explained. "Unless there is any other reason to be detaining the person, we will identify them and make sure they have a permit. They will be released unless we have any reason to suspect that any other crime is occurring.”
Open Carry and Higher Education
Although people can carry openly in most places, open carry and concealed carry will not be permitted on the premises of an institution of higher education or private/independent institution of higher education. This includes any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking areas of that institution.
However, law of concealed carry on campuses changes Aug. 1, 2016, and will soon allow the authorization of concealed carry with a valid license on the premises of institutions of higher education in the state of Texas. Open carry, on the other hand, will not be allowed.
Additionally, the institution of higher education will be allowed to establish its own rules and regulations on the subject of concealed carry of handguns by licensed holders on campus or specific areas located on the campus. Officials may also choose to post that they will not allow concealed carry on campus.This law will go into effect on large Texas campuses Aug. 1, 2016, and then for public junior colleges on Aug. 1, 2017.
Jamie Highsmith, public information officer for the San Angelo ISD, said this new law required the district to specifically prohibit firearms on it campuses.
Highsmith explained, “DH Local, an Employee Standards of Conduct policy, covers a variety of expectations for all employees such as tobacco and e-cigarette use, use of electronic media, professional attire, and, now, weapons prohibitions. The added language approved [at the San Angelo ISD Board of Trustees meeting earlier this month] regarding prohibited weapons reads, ‘The District prohibits the use, possession, or display of any firearm, illegal knife, club, or prohibited weapon, as defined at FNCG, on District property at all times.’ The language also included ‘Exceptions’ which reads ‘No violation of this policy occurs when the use, possession, or display of an otherwise prohibited weapon takes place as part of a District-approved activity supervised by proper authorities.’ Again, this applies to employees.”
This regulation also includes a prohibition of firearms on any grounds or building where a school-sponsored activity takes place as well as the district-owned premises.
"This added language provides policy support for the employee handbook, which already indicated employees could not bring firearms, illegal knives, clubs, or other prohibited weapons onto school grounds based on GKA and FNCG,” she said.
Matt Kimball, assistant superintendent of Human Resources and Professional Development of San Angelo ISD, stated, “Nothing has changed from a legal standpoint. We understand that families will walk their children to school and open carry and we are educating our teachers and staff on how to approach this. All the San Angelo ISD schools have resource officers on all campuses to utilize if needed.”
Other Things to Know
Overall, there is no waiting period to buy a firearm in Texas, nor is there a state firearm registry. This applies to both handguns and long arms. In order to purchase a firearm in Texas, people must present a state-issued ID, and in most cases, they will need to buy from an individual or business with a federal firearms license (FFL) permit. Most FFL holders in Texas will not sell directly to people from out-of-state due to legal concerns, but many businesses will coordinate and ship firearms to other FFL holders nationwide.
It remains legal for individuals to handle gun transfers among themselves on a casual basis provided three conditions are met:
- The recipient must be 18 years of age or older.
- The recipient must not be intoxicated.
- The recipient must not intend to commit a crime with the weapon.
Texans are also authorized to carry a loaded shotgun or rifle within easy reach within their vehicles. Handguns are also accessible, but only if they are concealed from view and people have a concealed handgun license.
Anyone wishing to possess a concealed carry permit must obtain the necessary materials from either an FFL-licensed gun dealer or from the Texas Department of Public Safety. A $140.00 processing fee must accompany the completed application. Once the application has been received, the Department of Public Safety has 60 days to either approve or deny it. Possible reasons for denial can include felonies on the applicant’s record or a history of mental instability. A permit applicant must notify the Department of Public Safety within 30 days of changing his or her name or address if the change occurs during the application process.
Once the application has been approved, people must complete a classroom and firing range course in handgun proficiency before a permit gets issued. Upon successful completion of this course, gun owners will receive a certificate necessary to successfully obtain a concealed carry permit.
In addition, a concealed carry permit expires on the holder’s first birthday after having the license for four years. At this time, the concealed handgun license must be renewed or the license holder must stop carrying a concealed handgun.
Even if someone obtains a concealed handgun license, this permit does not allow the right to carry a weapon anywhere. It does not authorize citizens to carry a firearm into a court of law, a business that derives 51% or more of its income from alcohol, a school or school-sponsored sporting event, a hospital, a place of worship, an election polling place, a racetrack, or a correctional institution. A permit holder may also not carry a weapon while intoxicated.
To further review this law and other Texas state laws, please visit: http://www.txdps.state.tx.us/rsd/chl/legal/newlegislation.htm. Also, for Frequently Asked Questions about the Open Carry Gun law in Texas, please visit http://www.opencarrytexas.org/faq.html. To view the San Angelo ISD Employee Handbook, please visit: http://www.saisd.org/Employment/EmployeeHandbook.asp. Finally, click here for the online Texas concealed handgun licensing application page.
!["Fear" - Oil painting by Avery Nunez](/sites/default/files/styles/teaser_compact_extra_large/public/2024-11/fear-oilpaintingbyaverynunez.jpg?h=bec4f437&itok=E8KC02KU ""Fear" - Oil painting by Avery Nunez")
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I have no problem with concealed carry , it poses no threat to me and others like myself , better to have it and not need it than to need it and not have it . I do how ever have a problem with open carry , i feel that the individuals who want to open carry , is to intimidate others , and that is the whole purpose of open carry to many of the people who want to display their masculinity on their waist band . Why are they so afraid , it doesn't make any sense at all . You have the right to carry concealed , which is a much better deterrent , if criminals are hell bent on breaking the law , they will first check to see if any one is armed , then they will either open up or go some where else . Of course these individuals , open carry proponents , will scream their heads off , claiming that it is their right to open carry . They don't realize that it is only their right if they pay huge fees to the state government for the right to carry . The law should be , that anyone can carry , open or concealed as long as they have no history of committing a felony or mental illness . No fees no classes . By the way I will not be doing business in any establishment that allows open carry .
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Permalinkwell put
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PermalinkThere are a couple of things that need to be corrected:
"open carry and concealed carry will not be permitted on the premises of an institution of higher education or private/independent institution of higher education. This includes any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking areas of that institution."
While this may be the correct wording for open carry it is not what currently stands for concealed carry on a college campus until August. "premises" in this context means inside of buildings - only.
Also, in Texas anyone CHL holder or not has the right to carry a concealed handgun in their vehicle. The CHL only applies when not on your private property, in your vehicle or traveling to or from it.
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PermalinkIt is interesting that Milo Otis won't be doing business with anyone allowing open carry. There will also be plenty of people that will choose not to do business with those who restrict their rights. it's a two way street and one that business owners should be aware of.
The argument I have heard most was that they were baring these rights because they don't want to make their customers feel unsafe or alienate them. Ironically that is exactly what they are doing in making a choice to impose those exact feelings on their customers that embrace those rights.
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PermalinkI doubt Whataburger will miss your business.
The Texas-based fast food chain Whataburger will not be allowing customers to openly display firearms in their restaurants. The company announced that even though open carry may be legal, the practice is against company policy. The law gives businesses the right to regulate if and how weapons are allowed on their property.
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PermalinkWithin the U.S. in the last 20 years, how many massacres and shootings were prevented by concealed weapons holders? How many were contained, preventing more death and/or casualties? Lastly, how many do you think will be prevented/contained with the new open carry in place--considering the attacker(s) will shoot the obvious sitting duck first before commencing fire?
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Permalink"Officials may also choose to post that they will not allow concealed carry on campus." for public universities this is not correct and is not an option.
Please do some more research before posting this stuff.
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PermalinkI thought the video was very illuminating.
Other than that, I guess some schools are in open rebellion to the law, like Baylor:
Starr: "Little Doubt" Baylor Will Opt Out of Campus Carry
(Baylor Prez Ken Starr is a right wing Republican who prosecuted President Bill Clinton in the Monica Lewinsky mess)
From the University of Texas:
"S.B. 11 deals only with the concealed carry of handguns by people who have a concealed carry license. It is now — and will still be — illegal to display a firearm in campus buildings as well as on campus streets, sidewalks, walkways, etc." Source at utexas.edu.
"The changes enacted by House Bill 910 (Open Carry) are effective January 1, 2016. However, this law does not permit open carry on a university campus." source at Texas A&M.
I think the possible mismatches of interpretation are that:
The Aggie president explains the difference:
"Current law allows concealed handgun license (CHL) holders to carry a concealed handgun on a university campus only in parking lots, parking garages, driveways, streets, sidewalk or walkway and other outdoor areas, except where an activity sponsored by TAMU is being conducted.
Beginning September 1, 2016, public four year universities must allow concealed carry of handguns in buildings by handgun license holders. Universities will be allowed to designate certain areas on campus where carrying of concealed handguns by license holders is prohibited, subject to system and legislative review." (source)
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PermalinkHowever even with a handgun, in Texas, there are several places where a person may possess a handgun legally without the benefit of a Texas Concealed Handgun License (CHL). These places include:
•A person’s residence or other real property under their control.
•A person’s private motor vehicle or watercraft if the handgun is concealed, and the person is legal to possess a firearm, is not a member of a street gang, and is not engaged in the commission of a crime greater than a Class C misdemeanor traffic or boating violation.
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PermalinkThe police chief sure is showing his true colors on this issue over on Farcebook. Officers will respond code 3 and Dallas says they won't respond unless someone appears to be a threat. Big difference! If anyone witnesses officers responding I pray there are a hundred cell phones recording the event!!!
Also I believe any additional training is on holsters and only applies to new applicants come Jan. 1st. Someone please correct me if I'm wrong though.
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PermalinkSimone, there are a number of serious factual errors in this article that are deeply concerning. Please check facts before publishing such misinformation. I have provided references for corrections to misinformation in the article.
What is not clear from your article is whether the errors and serious misinformation are your errors or the Chief of Police's errors. Naturally, if the errors are on the part of the Chief of Police, this is hugely concerning and a major problem.
1. No additional training is required for renewal for existing CHL (now called LTC) holders. [a]
2. No CHL/LTC license is required for any person to have a loaded handgun on or about their person in their vehicle. This went into effect Sept 1 2007 with the change to the Castle Doctrine. [b]
3. A CHL/LTC holder is NOT precluded from carrying in a place of worship or hospital [c].
REFERENCES:
a. http://www.txdps.state.tx.us/RSD/CHL/Legal/newlegislation.htm (specifically bullet points 4 and 5).
b. http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=80R&Bill=HB1815 (specifically Section 1.a.2).
c. http://www.txdps.state.tx.us/InternetForms/Forms/CHL-16.pdf (specifically Sec 46.035, sub-section i).
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PermalinkLegal precedent -- and numerous State Senators and Representatives made clear dozens and dozens of times while debating HB910 and SB17 -- the announced plans by SAPD are very much illegal:
“What we have done is we have created a policy and sent out some guidelines to the officers in regards to how to handle these situations, and it’s pretty clear to them that’s how we will do it," Vasquez explained. "Unless there is any other reason to be detaining the person, we will identify them and make sure they have a permit. They will be released unless we have any reason to suspect that any other crime is occurring.”
It is no more legal to stop and request ID of someone open carrying -- SOLELY because they are open carrying -- than it is to pull someone over while driving SOLELY to check and verify they have a driver's license. I strongly recommend SAPD consult with the city's Attorney General and/or the State Attorney General. Doing so will ensure the SAPD is not breaking the law and avoids potential wasteful law suits.
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PermalinkIt will still by a violation to carry a handgun.
Texas Penal Code 46.2 (a) A person commits an offence if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun...
There are, and will be new exceptions: have a license to carry a handgun, carry it in a holster, hip or shoulder.
So...if an officer sees you open carrying a hand gun, He or She may and should identify you and check your license.
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PermalinkI feel safer already knowing that some 21 year old is going to have an AK47 or other rifle where I walk, eat, and shop. Nothing like actually seeing the gun sprawled out at the bar at Chili's or Logan's and knowing that they have a few under their belt to help their nerves. I don't care about concealed carry, but I don't want to actually see someone walk in with a rifle strung around their torso. Makes me nervous if their is gunfire, there will be guns a 'blazin from all directions.
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PermalinkWell put, TR...........normal, civilized people are shocked at the fact this bill actually passed. But, they are not thinking in business terms. Trump is leading in the polls because he plays on people's fears by stroking the terrorism joker card using mexicans and muslims as scapegoats to deflect what's really going on inside their own "real sphere of personal security"--i.e. their own pockets and livelihoods, as they slave working longer hours for less or the same amount of money, have dismal benefits, suffer with all kinds of inflation, worry about job insecurity, retirement due to the '08 crash, the economy, etc. Fear masks the fact that statistically one has a better chance at winning the lottery, or starting a career as a worm farmer on heroin, than being injured or killed in a terror attack on American soil. As such, Trump is an "OPPORTUNIST PLAYING THE FEAR CARD". Likewise, your elected local, state and fed officials are mostly comprised of lawyers by profession. Those lawyers, and accompanying lobbyists, have ruined this country by turning the U.S. Constitution with microsurgical percision into a peice of swiss cheese. Besides terrorism, they stroke the fear of losing your second amendment priviledge, loss of freedom, loss of patriotism, etc. It's a package deal, and they use it while simutaneously crafting policy that generates controversy and billions of dollars in weapons and ammunitions sales (businesses that donate to their political plights) and all kinds of related LAWSUITS--the real cash cow is all related litigation-everything. Let me make myself crystal clear: they don't give two hoots about the right to own ANY kind of weapon, not even a damn butter knife--and they could care even less if you get shot. If they gave two hoots about the issue--they'd protect the kids first and foremost, by having the strictest gun laws around, or total abolishment thereof, and stop cutting children's health and education. The kids in the photo above have been had--that's why they are smiling. They are getting stroked because their parents are the real tools. they are the kinds of parents that eat the terrorism/fear/patriotism bug while knowing nothing about foreign policy-as they send their kids off to fight unwinnable wars only to become statistics or receive crappy service as VETERANS upon returning--all while the politicans laugh and get rich and give half thanks when they get back for protecting "their" interests, because they know terrorism can't be beat within open democratic societies. We can make the smartest bombs, missles, jet fighters, etc. in the world--but all those billions of dollars in tax payer money can't do a damn thing against a freak with an agenda an a gun shop down the street, or some other one with a few chemicals, instructions on the internet, and a subway station around the corner. That tech is no match--get the picture now?
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PermalinkMakes me nervous if *there is gunfire, there will be guns a 'blazin from all directions.
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PermalinkWith everyone being an MMA wanna-be, guess these fine, young, brave, bursting-with-testosterone young men need to show off their bigger tools or manhood. In any event--these weapons are clearly not needed within a civil society. If they are---guess it's not civil......Betch ya a fith of moonshine, some chaw, 3 strips of maple-flavored mesquite jerkey, a bottle of Elixir and new poncho these outstanding examples of the end result of our community culture are Rethuglicans. Ah yes, Southern Exceptionalism........the gift that keeps on giving.....destined to always ending up on the wrong side of history............
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PermalinkYour photo is misleading as your article states, "those individuals who choose to open carry can only carry handguns, loaded or unloaded, in a shoulder or belt holster."
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Permalinkapologies, my bad--forgot to welcome the misses. Welcome aboard, Simone, to the news follower, er.....leader, whichever comes first. I get confused, chicken before egg, egg before chicken, listening to Jody Foster's Army while worm farming on heroin......it's all good............
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Permalinkor, give the tools in the pic above a trip to the front line in Syria--see how long their rap music keeps em' big, bad and 'hood tough up against ISIS. Yes, tales up their %&"?! running back crying as fast as they can..........and leaving their pride and joys behind--no problemo..........
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PermalinkFor a number of reasons I question the stability or emotional maturity of most of those who feel the need to carry a firearm.
http://www.salon.com/2015/12/19/7_ways_fear_and_ignorance_warp_americas_gun_debate_partner/
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PermalinkI just saw Ronald Mc Donald at the gun shop , he was trying on a guchi leather gun belt with matching holsters for his two mother of pearl handled , nickel plated , forty five , shooting irons . I feel much safer now .
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PermalinkIn another gun-related opinion released Monday, Paxton said that K-12 campuses — including sidewalks and parking areas — are to remain gun-free zones under the state’s new open-carry law as long as school-sponsored activities are taking place there.
"For instance, if a high school utilizes a school parking lot for a band rehearsal, that parking lot would likely fall within the scope of” the law "prohibiting weapons during the time of the rehearsal,” Paxton wrote. "Yet, the other parking areas at the school where school activities are not occurring would not fall within” the law "and would not be places where weapons are prohibited.”
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PermalinkGrocery Giant H-E-B Says No To Open Carry Ahead Of New Texas Gun Law
http://www.forbes.com/sites/clareoconnor/2015/12/24/grocery-giant-h-e-b-says-no-to-open-carry-ahead-of-new-texas-gun-law/
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PermalinkI have my CHL and I will still be shopping and eating at the same stores and restaurants it is there right to say if you can open carry in their business myself I prefer to conceal it unless I am on my own property. When it get summer time if I am outside doing yard work need to get gas for the lawn mower I probably would run down to the store with out putting a shirt on to hide it I pay at pump anyway. If a officer came up and ask to see my license it will not bother me they are going their job and I am glad because if someone is carrying one with out a CHL then they need to go to jail.
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PermalinkPost a comment to this article here: