OPEN CARRY & TEXAS GUN LAWS December 17, 2015 South Padre Island Convention Center Edward Adrian Sandoval ADMINISTRATIVE FIRST ASSISTANT DISTRICT ATTORNEY CAMERON COUNTY DISTRICT ATTORNEY S OFFICE P: 956-544-0849 F: 956-544-0869 E: edward.sandoval@co.cameron.tx.us
PUNISHMENT RANGES Class C Misdemeanor Fine not to exceed $500.00 Class B Misdemeanor Up to 180 Days in County Jail Fine not to exceed $2,000.00 Class A Misdemeanor Up to one (1) year in County Jail Up to $4,000.00 fine Third (3 rd )Degree Felony Between 2 & 10 years in Prison Up to $10,000.00 fine Texas Penal Code Ch. 12
NO GENERAL PROHIBITION ON OPENLY CARRYING LONG ARMS
GENERAL INFO -- HANDGUNS Must have a license to carry!!! May openly carry loaded or unloaded handguns. Must be in a belt or shoulder holster. May still conceal carry handguns. Current Concealed Handgun Licenses will not need to take additional training or reapply for the new License to Carry.
LICENSE REQUIREMENTS Statute sets out the eligibility criteria that must be met in order to apply. Texas Gov t Code 411 subch. h Must be at least 21 years of age (unless active duty military). Must meet Federal qualifications to purchase a handgun. Complete Handgun Course administered by qualified handgun instructor: Classroom component, and Handgun Proficiency.
WHO IS INELIGIBLE? Individuals with: felony convictions some misdemeanor convictions: including charges that resulted in probation or deferred adjudication (various date restrictions), pending criminal charges, chemical or alcohol dependency, certain types of psychological diagnoses, protective or restraining orders, defaults on state or city taxes, government fees, or child support. Texas Government Code 411.172
PROPERTY OWNER S RIGHTS Property owners have the right to exclude license holders carrying handguns (concealed or open). Must post appropriate signs or give notice: Texas Penal Code 30.06 (Concealed Carry), or Texas Penal Code 30.07 (Open Carry). A public or private employer may prohibit employees who are licensed from carrying a handgun on the premises of their business. Texas Government Code 411.203
Texas Penal Code 30.06 & 30.07 Actor: Owner of the property, or Someone with apparent authority to act for the owner. Provides notice to a license holder/person: Oral, or Written communication: Card, Sign, or Other Document.
THE SIGN MAGIC WORDS, English and Spanish, Contrasting colors, Block letters at least one inch in height, Displayed in a conspicuous manner clearly visible to the public.
30.06 MAGIC WORDS Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.
30.06 MAGIC WORDS "Conforme a la Sección 30.06, Código Penal (ingreso por titular de la licencia de arma de fuego encubierta), una persona con licencia bajo el Subcapítulo H, Capítulo 411, Código de Gobierno (ley de licencias de arma de fuego), no puede entrar en esta propiedad con un arma de fuego encubierta."
30.07 MAGIC WORDS Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly
30.07 MAGIC WORDS Conforme a la Sección 30.07, Código Penal (ingreso por titular de la licencia de arma de fuego portada abiertamente), una persona con licencia bajo el Subcapítulo H, Capítulo 411, Código de Gobierno (ley de licencias de arma de fuego), no puede entrar en esta propiedad con un arma de fuego portada abiertamente
No Concealed
No Open
No Concealed No Open
IF THEY DO NOT LEAVE Special Class C Misdemeanor - $200 Fine Class A Misdemeanor if the license holder was personally given notice by oral communication and subsequently failed to depart. Exception locations owned or leased by a government entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Tex. Penal Code 46.03 or 46.035
Locations (NO GO ZONE) that a license holder cannot carry a handgun (open or concealed). Tex. Penal Code 46.035(b) NO GO ZONES ---IMPORTANT NOTE ---- Premises means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
NO GO ZONE NO. 1 Certain Establishments/locations licensed by the Texas Alcohol Beverage Commission. Derives 51% or more of its income from sale or service of alcoholic beverages for onpremises consumption
NO GO ZONE NO. 1 CONT. MUST POST A WARNING SIGN: Prominently displayed at each entrance, English & Spanish, No Magic Words: but must give notice it is unlawful for a licensed handgun holder to carry a handgun on the premises, Contrasting colors, Block letters at least one inch in height, Have the 51 in red at least five inches in height, Conspicuous manner clearly visible to public. Texas Government Code 411.204(a)&(c)
NO GO ZONE NO. 1 CONT. The ABC may require non 51% Licensed Locations to post warning signs. See Texas Government Code 411.204(d)
NO GO ZONE NO. 2 ON THE PREMISES: SPORTING EVENT HIGH SCHOOL, COLLEGIATE, OR PROFESSIONAL INTERSCHOLASTIC EVENT UNLESS THE LICENSE HOLDER IS A PARTICIPANT IN THE EVENT AND A HANDGUN IS USED IN THE EVENT
NO GO ZONE NO. 3 PREMISES OF A CORRECTIONAL FACILITY A place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes: a municipal or county jail; a confinement facility operated by the Texas Department of Criminal Justice; a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and a community corrections facility operated by a community supervision and corrections department. Tex. Penal Code 1.07(a)(14)
Premises of a NO GO ZONE NO. 4 hospital licensed under Chapter 241, Health and Safety Code, or nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate.
NO GO ZONE NO. 4 CONT. Must prominently display at each entrance to the facility a sign: English and Spanish Magic Words from 30.06 & 30.07 Contrasting colors Block letters at least one inch in height Displayed in a conspicuous manner clearly visible to the public. Texas Government Coded 411.204(b)&(c) Texas Penal Code 46.035(i)
NO GO ZONE NO. 5 AMUSEMENT PARKS A permanent indoor or outdoor facility or park Where amusement rides are available for use by the public Located in a county with a population of more than one million At least 75 acres in surface area Enclosed with access only through controlled entries Open for operation more than 120 days in each calendar year, and Has security guards on the premises at all times. Does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Tex. Penal Code 46.035(f)(1) Must post a sign that complies with the provisions of Texas Penal Code 30.06 & 30.07 Texas Penal Code 46.035(i)
No Go Zone No. 6 Premises of a church, synagogue, or other established place of religious worship. Must post a sign that complies with the provisions of Texas Penal Code 30.06 & 30.07 Texas Penal Code 46.035(i)
NO GO ZONE NO. 7 CERTAIN GOVERNMENT MEETINGS Texas Penal Code 46.035(c) Limited to the room or rooms meeting is being held. Applies to open meetings subject to the Open Meetings Act. (Texas Government Code ch. 551)
NO GO ZONE NO. 7 A LICENSE HOLDER MAY NOT CARRY A HANDGUN WHILE INTOXICATED. Texas Penal Code 46.035(d)
NO GO ZONE -- PUNISHMENTS Class A Misdemeanor Third Degree Felony 51% Location Correctional Facility
RESTRICTED AREAS Places Weapons Prohibited (Texas Penal Co de 46.03) Does not matter if you have a License Third Degree Felony Premises means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Tex. Penal Code 46.03(c)(2) & 46.035(f)(3)
RESTRICTED AREA NO. 1 Physical premises of a school or educational institution (institutions of higher education), Any grounds or buildings on which an activity by a school or educational institution is being conducted, or Passenger transportation vehicle of a school or educational institution, Regardless if public or private, Unless written regulations or written authorization of the institution.
RESTRICTED AREA NO. 1 CONT. Campus Carry -- Tex. Gov t Code 411.2031 Permits Concealed Carry on College and University Campus, Private Institutions can opt out, Institution President/Chief Executive Officer instructed to establish reasonable rules and regulations regarding the carrying of concealed handguns by licensed holders on the campus or on specific premises located on the campus, cannot restrict in dorms/living spaces, May not carry weapon on areas that are otherwise prohibited by law (Tex. Penal Code 46.03 & 46.035). Takes effect on August 1, 2016 for Four Year Institutions Takes effect on August 1, 2017 for Two Year Institutions S.B. 11, 84 th Leg., R.S., ch. 438 sec. 8(d)
RESTRICT AREAS NO. 2 POLLING PLACES Premises Election day Early voting
RESTRICTED AREA NO. 3 Premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.
RESTRICTED AREA NO. 4 Licensed Dog and/or Horse Tracks Premises Texas Penal Code 46.01(15) Texas Racing Act Art. 179e (25)
RESTRICTED AREA NO. 5 Secured Area of an Airport: Area of an airport terminal building to which access is controlled by inspection of persons and property under federal law. I forgot defense - 46.03 (e-1) (e-2) Effective August 1, 2015
RESTRICTED AREA NO. 6 Death Chamber Facility (Huntsville Unit) 1,000 feet from premises of the location On a day death sentence is to be imposed
RECAP ON LOCATIONS No Go Zones Restricted Areas 51% Locations Schools / Educational Institutions Sporting / Interscholastic Events Polling Places Correctional Facility Courthouses/ Buildings housing offices used by the Court Hospital / Nursing Homes Dog/Horse Tracks Amusement Park Secured Area of Airport Religious Places of Worship Death chamber Facility Government Meetings Being intoxicated
GENERAL RESTRICTIONS ON HANDGUNS May not carry a handgun without a license: unless it is on the person s premises or premises under their control; or inside of or directly en route to a motor vehicle or watercraft owned or under control of carrier. In a motor vehicle or watercraft: May not display a handgun in plain view unless have license and handgun is in a belt or shoulder holster; May not possess a handgun and engage in criminal activity other than Class C Misdemeanor; May not possess a handgun and be prohibited by law from possessing; May not possess a handgun and be a member of a criminal street gang. Class A Misdemeanor, Third Degree Felony if 51% Location. Texas Penal Code 46.02
GOVERNMENT PROPERTY A license holder may carry a handgun on government property unless that act of carrying is prohibited by Penal Code 46.03 (Places Weapons Prohibited) or 46.035 (Unlawful Carrying of Handgun by License Holder). Local Government Preempted from Acting to Regulate display of weapons in jurisdiction. Texas Local Government Code Ch. 229, Subch. A
GOVERNMENT PROPERTY CONT. Texas Government Code 411.209 Prohibits Government Entities and Political Subdivisions from posting 30.06 signs on property not otherwise protected by Penal Code 46.03 and 46.035. Provides for civil penalty AG charged with enforcement (They forgot to include 30.07 language) Texas Penal Code 30.06 & 30.07 Does not permit government entities to use exclusion signs on locations/property not otherwise protected by Texas Penal Code 46.03 & 46.035
GENERAL RESTRICTIONS ON HANDGUNS May not display a firearm or other deadly weapon in a public place in a manner calculated to alarm. Texas Penal Code 42.01 Class B Misdemeanor
Nonapplicability Tex. Penal Code 46.15 46.02 and 46.03 do not apply to the following individuals Peace Officers and Certain Federal LEOs On or Off duty Parole Officers On Duty (OD) Community Supervision and Corrections Department Officers - OD Court Bailiffs OD Juvenile Probation Officer OD Active Judicial Officer with proper license Prosecutors with proper license Certain honorably retired law enforcement officials with proper credentials
Nonapplicability Tex. Penal Code 46.15 46.02 does not apply to the following individuals Members of the state military forces OD Guard of a Penal Institution Travelers Hunters, Fisherman, Sportsman Engaged in the activity In the area of the activity En route to activity/area Uniformed Commissioned Security Officer (OD or en route) Holders of a Handgun License ABC License Holder and supervising a permitted or licensed premises Law Enforcement Students (in Class or en route) Historical Reenactors
POLICE OFFICER S RIGHTS A peace officer may demand that a license holder display identification and license holder s handgun license -- Texas Government Code 411.205 A peace officer may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual Texas Government Code 411.207(a)
Station Security Texas Government Code 411.207(c) &(d) A peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of a law enforcement facility. Must post a sign at each entrance to a nonpublic, secure portion of the facility: English and Spanish, Identifying that under 411.207 a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility, must appear in contrasting colors, block letters at least one inch in height, displayed in a clearly visible and conspicuous manner. Law enforcement facility a building or a portion of a building used exclusively by a county sheriff s office/department and/or municipal police/marshal s office/department, and support personnel to conduct the official business of the agency. Nonpublic, secure portion of a law enforcement facility portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.
SEIZURE OF HANDGUN & LICENSE Texas Government Code 411.206 If a peace officer arrests a license holder who is carrying a handgun the officer shall seize the license holder s handgun and license as evidence. Article 18.19 applies Any Judgment of conviction entered by any court for an offense under Section 46.035 must contain the handgun license number of the convicted license holder. Certified copy of the judgment is conclusive to justify revocation of a license under subchapter h of chapter 411, Texas Government Code.
RESOURCES Texas DPS Regulatory Services Division http://txdps.state.tx.us/rsd/chl/index.htm Smith County Sheriff s Presentation https://www.youtube.com/watch?v=bzjpjtg3eh8 Portland Police Chief s Presentation https://www.youtube.com/watch?v=fw8fec67o4y Houston PD, City of Houston, Harris County DA https://www.youtube.com/watch?v=jqgrm_voh7w
QUESTIONS & COMMENTS