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, Cedar Park and Leander, are already official.
The laws were passed during the 2015 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.
Cedar Park’s and Leander’s police chiefs said they think positively of the new law.
Cedar Park Police Chief Sean Mannix said he believes Texas concealed handgun carriers have a history of acting responsibly and expects open carriers to act the same.
“[But] if a member of our community observes a person carrying a weapon and there is an accompanying behavior or articulable reason that indicates the individual may present a danger, we absolutely want people to call us,” he said.
Leander Police Chief Greg Minton said he has seen few open carriers in the first weeks of 2016. He said his department trained officers and 911 operators to ask specific questions of someone reporting a person openly carrying a gun.
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 is 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
Police departments in Austin, Cedar Park and Leander do 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.
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, asked the state in September to clarify whether handguns can now be openly displayed in public school district parking lots, driveways, sidewalks and walkways.
Gov. Greg Abbott’s office argues the wording of the pending law does allow open carry outside school buildings, according to Michael Cargill, owner and instructor of Central Texas Gun Works.
Nearly every other establishment is required to post signs if they do not wish to allow concealed carry, open carry or both, according to Cargill.
Texas Restaurant Association spokesperson Wendy Woodland said more than 100 restaurant owners attended a November webinar detailing open-carry laws. Any establishment that draws more than half its business from alcohol sales must automatically ban firearms, 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.
In Leander, Mayor Chris Fielder said City Hall and other city government buildings allowed concealed weapons and will now allow open carrying of firearms.
“City Hall is not considered a federal building, and it’s not considered a court except when it’s used [as a] court,” he said. “We’re not taking a stand of ‘no open carry.’”
Mannix said Cedar Park city buildings allow people who are not city employees to carry firearms openly except during federal court sessions. Weapons will also be allowed in City Council meetings unless the council posts signs stating otherwise, Mannix 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.
Additional reporting by Stephen Burnett
