Several new state gun laws have gone or will soon go into effect.
Most notably, handgun license holders can openly carry firearms as of Jan. 1, and concealed carry will be allowed on university campuses starting Aug. 1. Also, seven new laws, including one that potentially allows guns inside city hall buildings in Austin, is already official.
The laws were passed during the 2015 Texas legislative session in what state Sen. Kirk Watson, D-Austin, called “an effort to show how pro-gun you can be.”
“I don’t think it’s just about gun rights. I just think the argument gets cloaked in that,” said Watson, a concealed handgun license holder who opposes open carry. “We want to make sure everybody’s rights are protected, but we want to do it in a way that’s reasonable, rational and takes into account public safety.”
Watson anticipates receiving complaints early this year in response to the new open-carry handgun laws, which he said were not overwhelmingly requested by constituents.
Austin Police Department Commander Andy Michael said he is not worried about unintended consequences stemming from the new laws and does not anticipate significant changes to enforcement policies unless the armed individual is acting erratically or near an area where firearms are banned.
“We have no intention of asking for a license based solely on the fact we see somebody openly carrying a weapon,” Michael said.
Efforts to educate
The Austin Police Department does not currently plan on holding any community meetings or public forums to answer questions and educate the public about the new rules. Michael instead recommends residents attend a monthly commander forum in their part of Austin to discuss any concerns they may have.
According to the Texas Department of Public Safety, there are 825,957 license holders as of Dec. 31, 2014. The vast majority of those licensees comply with the law, said John Lacaria, owner of Texas Firearm Academy in Austin.
“I think most companies realize you can stop license holders from coming in, but all the signs in the world aren’t going to stop a criminal from coming in,” Lacaria said.
Know the rules
New state Senate rules resulted in many unclear new laws that require interpretation from the state’s attorney general, according to Watson. For example, state Sen. John Whitmire, D-Houston, sought clarification from Texas Attorney General Ken Paxton, who responded Dec. 21 by confirming handguns are not allowed on “any grounds or building on which an activity sponsored by a school … is being conducted.”
Outside of schools, most establishments are required to post signs if they do not wish to allow concealed carry, open carry or both, according to Michael Cargill, owner and instructor of Central Texas Gun Works.
Texas Restaurant Association spokesperson Wendy Woodland said more than 100 restaurant owners attended a November webinar detailing open-carry laws. An establishment that draws more than half of its on-site business from alcohol sales must automatically ban firearms from the premises, Woodland said.
H-E-B already permits concealed carry, but the Texas-based grocer is not permitting open handgun carry, spokesperson Leslie Lockett said. Whole Foods Market has not allowed firearms since the company was founded, according to spokesperson Rachel Malish, and that policy will remain.
Policing public property
Cargill also argues the city of Austin is disobeying a new state law that allows concealed carry—and as of Jan. 1, open carry—inside portions of Austin City Hall. An Oct. 9 memo from Abbott’s legal team essentially sides with Cargill, who filed one of 25 related complaints to the state.
Attorney General Ken Paxton in December issued a response to the complaints that sided with Abbott’s opinion. However, Austin officials continue to argue City Hall should be exempt from the new law.
Bee Cave, Lakeway, Rollingwood and West Lake Hills each post signage warning visitors they are prohibited from carrying handguns—concealed or open carry—in city meeting rooms. Rollingwood City Council will discuss a city policy toward licensed handgun carry in municipal buildings in February, City Administrator Charles Winfield said.
Starting in August, The University of Texas must begin allowing concealed carry. A working group on Dec. 10 recommended 25 guidelines to regulate campus carry. Concealed handguns would be allowed in classrooms but not dorms, according to the recommendations. Austin Community College must follow suit and allow concealed carry starting Aug. 1, 2017, but no official policy changes have been announced.
Private schools can opt out of the new law but must state a policy no later than Aug. 1.
“Concordia University Texas has not yet made a decision on campus carry, and before a decision is made, we will gather input from our stakeholders so that we do what is best for our campus community,” said Lisa Kessler, associate vice president of marketing and communications.
Business response
Since the new state gun laws went into effect, Peyton “Fletcher” Sweeney, owner of Four Points gun shop Fort Fletch, 4610B N. RR 620, Austin, said “few people in the open carry arena” have purchased handguns.
“Most licensees are opting not to open-carry,” he said. “The feedback I get is it’s not really appropriate for the general area. The other side is if there is a criminal, the first thing they are going to do is go after your gun.
“Just because you can [carry], doesn’t necessarily mean you do.”
Additional reporting by Leslee Bassman
