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Open carry is going to be something that everyone will have to get used to. Initially, it will be weird to see someone carrying a handgun in the grocery store, but it is important to know that the people who are openly carrying a gun are law-abiding citizens and are not there to intimidate or hurt you.
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Constitutional carry did not pass in Texas, so a police officer has the right to ask you to prove that you have a Handgun License (HL). If you are asked by a police officer to prove that you are allowed to carry a handgun, you must produce identification.
Yes, you can call the police, but before you call, observe how the person is acting. If they are acting suspicious, or enter a building such as a school, then please give us a call. But, if they are simply at a gas station filling up their car, then they are probably a law-abiding citizen who is legally open carrying.
Technically, you are temporarily detained so that the officer can check your license and make sure that you are legally able to carry a handgun.
Yes, you are able to do that.
Again, it is situational. If your kids see someone in a grocery store shopping, they should not be alarmed if that person is carrying a handgun. But if they are at school, and they see a person (who is not a Police officer) carrying a gun, they should immediately tell someone and/or call 911.
Yes, you can, but only in the areas that are open to the public. So if that person has to go to a portion of the building where a normal citizen would not be allowed, they are not allowed to carry a handgun. If you are in this position where you are not sure if you can carry or not, it is recommended that you leave your handgun in your vehicle.
No, it will not be considered aggravated assault as long as the person carrying the weapon was not threatening to use it.
Currently, there is no standard that constitutes what is a shoulder or belt holster.
Yes, since constitutional carry did not pass, the officer is within his or her right to ask you for your license. Also, when you get your handgun license (HL), you are instructed that if a police officer asks you for your HL, you must provide it.
Do as the officer asks. Tell the officer you are carrying a weapon and have a license to do so. Do not reach for the weapon, have the officer tell you what to do with the weapon.
The police department will have information available on the basic facts of the open carry laws.
Yes. After the person has proved that they are carrying a weapon legally, they are free to go as long as the only reason they were stopped was for proof for a handgun license.
You must have the 30.06 (concealed carry) and the 30.07 (open carry) signs posted in the front windows of your business.
Yes. As a private business owner, you can tell someone to leave if they are carrying a weapon whether you have or don’t have the proper signs posted.
No, you will not be arrested for that type of holster. It is still mounted to your belt which is the requirement in the law.
You must have them posted at all entrances.
No. A citizen does not have the right to ask a handgun license carrier for proof that he or she is legally carrying a weapon.
The open carry law gives you the option to conceal your handgun or carry it out in the open.
No. Off duty police officers will still be required to conceal their handgun. However, if an officer wants to go and get their handgun license, they will be allowed to carry a handgun out in the open as long as they are not carrying it under the authority or general orders of the Police Department.
The police will act with caution when approaching the person, they will collect the facts, and when it is found that this person was doing nothing wrong, the investigation will be turned towards the person who made the false 911 call.