Law enforcement prepared for new gun laws

By Marie Bankard

Local officers have prepared for the new open carry law that went into effect on Friday, Jan. 1. Texas lawmakers passed the legislation, which allows for people to open carry a firearm as long as it is holstered. The open carry law allows those that currently carried a concealed handgun license, to openly carry in a holster since the effective date of Jan. 1 as long as the citizen has a permit. The law also goes on to state that the weapon must remain holstered. Those with permits must either conceal the handgun completely, or open carry in full view in a holster. Anyone who had a current concealed weapon permit as of Jan. 1 is covered by the new laws, and will be issued the new License to Carry permit when their current permit expires. Those that currently have concealed handgun permits should be up to par on the laws. Open carry laws will follow suit of the concealed handgun laws. The laws will be basically the same as concealed handgun laws… If it is illegal with a concealed handgun, it will be illegal with open carry. If it is legal with concealed handguns, then it will probably be legal with open carry. However, government and educational institutions will continue to follow the law of the concealed handguns, where weapons will not be allowed. Private businesses will have the option of prohibiting open carry weapons, as long as the business displays penal code verbiage on the premises for the public to see. Private businesses that wish to prohibit open carry may do so by displaying the language of penal code section 30.07, which forbids open carry. Penal code section 30.06 language displayed forbids concealed handguns. In institutions, whether government or private, that prohibit open carry, the accused person could receive a class C criminal trespass citation if caught by authorities. If someone that is open carrying ignores a private business owner’s request to leave the premises, the class C citation would then be upgraded to a punishable misdemeanor A that will result in jail time. According to law officers, the amount of concealed handguns currently could surprise many. And while some may feel the shock of seeing someone on the streets with a holstered gun that are not law enforcement, it could send many into panic to call police. Daingerfield Police Chief Tracey Climer calls for citizens to use common sense when seeing someone open carrying. “Using common sense when it comes to people open carrying can help everyone. As long as that person is carrying the weapon in a shoulder or belt holster on his/her person and they are licensed, then it's legal,” said Climer. “Just because someone is open carrying only is not a reason to be alarmed and contact law enforcement,” said Climer. There is not anything the police can do unless there is probable cause. If they are flashing it around, then the authorities can issue a citation, however, if they are walking down the street, minding their own business, then it is perfectly legal. If there is a call of a known person that is open carrying without a permit, it could also be subject to probable cause. Hughes Springs Police Chief Randy Kennedy urges law-abiding citizens to purchase guns, train themselves on the proper usage, safety measures, and procedures, and to obtain their “License to Carry.” “I am not calling for vigilantes. I want them to practice safety, obtain their license, and follow the laws,” Chief Kennedy said. New applicants will be required to go through the new curriculum for all classes starting from Jan. 1, which includes the use of holsters and the security of guns when carrying openly. Concealed Handgun Instructor Jim Snyder has seen an increase in calls about his classes since Kennedy’s comments and the passage of the new law, in preparation for Open Carry. To continue reading this article, purchase the January 7th edition of the Steel Country Bee, or go to our online e-edition at: http://www.etypeservices.com/Daingerfield%20BeeID312/default.aspx