Opting out

[polldaddy poll=9297135]Under the new law, private business owners have the option of banning open carry within their businesses by posting an official 30.07 sign, which legally states that openly carried firearms will not be allowed on the premises.

“I have seen several businesses that posted the 30.07 sign, leaving the 30.06 [concealed carry ban] sign absent and allowing for continued concealed carry,” Bell said. “I think the private business sector is using the law the way it’s intended to be used and [is] still recognizing that law-abiding citizens will never be their problem.”

Many big-box stores in Tomball and Magnolia, such as H-E-B and Target, have banned the open carry of firearms in their establishments. H-E-B already permits concealed carry but will not permit open handgun carry, company spokesperson Leslie Lockett said.

Although posted signage is legally required for business owners to ban open carry in a private establishment, businesses without signs can still refuse service to those who are openly carrying a firearm, said Mike Holley, chief of the misdemeanor division for the Montgomery County district attorney’s office.

“If a person with authority directs you to leave the premises, they can do that,” Holley said. “For example, a small business may not have signs up, but if the owner asks you to leave, you’ll be required to leave.”

David Sottilare, co-owner of Trinity Fine Jewelry in Tomball, said while he does not carry a gun openly in his store, customers are welcome to under the new law.

“I don’t [open carry] because it can be too intimidating,” Sottilare said. “[But if customers want to open carry], it’s not a problem at all.”

City, county buildings

In addition to private businesses, open carry can be restricted in many public government buildings where posted signage or verbal notices are given to patrons.

The city of Tomball has posted 30.07 and 30.06 signs in the lobby of the City Hall building, stating that because of the layout of the building, neither open nor concealed carry is allowed inside, Tomball Police Chief Billy Tidwell said. However, Tidwell said other city buildings, including the Tomball Police Department building, allow open and concealed carry in public spaces, such as the lobby.

“It’s such a confusing issue the way it was done,” he said. “I think over the next few years [the law] will get more clarified and [lawmakers] will be able to get more consistent with those rules.”

Magnolia City Council discussed whether to allow open or concealed carry in areas of City Hall at a Jan. 30 workshop. The council has yet to announce a decision as of press time.

“Currently, the [way the]rule is written, anybody could walk in [the Magnolia City Hall building] with open carry or concealed carry,” Magnolia City Attorney Leonard Schneider said. “Some cities around the state of Texas have done nothing, [some] have banned both and other cities ban [only open carry]. It’s a preference of what the council wants to do.”

Under Senate Bill 273, which went into effect Sept. 1, the open and concealed carry of firearms is prohibited at any meeting required to adhere to the Open Meetings Act, including city council and school board meetings.

Holley and Bell said their offices have received a number of questions about how open carry will work in different public settings.

At the Alan B. Sadler Building in Conroe, open and concealed carry are allowed in some portions of the building, but not in other areas, such as the Commissioners Court room, Montgomery County Precinct 2 Commissioner Charlie Riley said.

The county plans to station a security guard or an additional metal detector at the courtroom door in the coming months as a way to keep firearms out, Riley said.

“If you’ve got your [CHL], you can show that license and [bypass] the metal detector [at the front of the building],” he said. “But what keeps you from going from the front door to the fourth floor to our courthouse?”

Similar enforcement is also in effect in Harris County. At the Harris County Administration Building in downtown Houston, open and concealed carry is permitted throughout the building except for where Commissioners Court is held on the ninth floor, said Robert Soard, first assistant for Harris County Attorney Vince Ryan. When the court is in session, a metal detector is in use, he said.

“We’re 20 days into the new year with this new law, and we’re not aware of any issues on Harris County property with people wanting to take a gun where they can’t,” Soard said. “People are using common sense.”

Safety concerns

Tomball and Magnolia officials agree that, while firearm license holders are generally not cause for concern, open carry is still a risk when it comes to others who may want to cause harm. 

“I don’t want to see people walking around with guns on their hips; it’s too easy to get in trouble with that,” Riley said. “I’m glad we’re keeping [firearms] away from the courtroom. I don’t want someone with a gun on their hip walking up the aisle while there’s someone waiting for trial [who might] reach up and grab it.”

Although the law allows many local government employees to openly carry a firearm, residents in Montgomery County Precinct 2 will not see county employees doing so anytime soon, Riley said.

“I don’t want [residents] to have a problem and see one of our guys come out [to inspect it] with a gun on his hip,” he said. “I think that sends a bad signal.”

Bell said crime rates among firearm license holders are low since applicants must go through criminal background checks and mental illness diagnosis screenings to receive a CHL.

“It’s a statistical zero that people who have that license to conceal or open carry are going to be your problem—it is those folks who don’t have a regard for our laws,” Bell said.

Additional reporting by Joe Lanane and Marie Leonard