Open Carry in Texas - Applying for License
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westernamerican
Open Carry in Texas - Applying for License
Is it possible to apply for an open carry license in the state of Texas if you have a CHL already? If so where is this done?
THat says it all.
Carry 24-7 or guess right.
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westernamerican
westernamerican, you have to go back to basics here. Texas law says that it's against the law to have a handgun on or about your person -- open, concealed, loaded, unloaded... doesn't matter, it's illegal. Then the law makes some exceptions, which include being on property you own or control, engaging in a sporting activity commonly requiring use of a handgun, or carrying concealed with a CHL. There is no "open carry license" in Texas, unless you count commissioned security guards (who have to be working, or directly en route to or from work, must be in uniform, and must carry openly).
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
( . . . )
§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) a judge or justice of a federal court, the supreme
court, the court of criminal appeals, a court of appeals, a district
court, a criminal district court, a constitutional county court, a
statutory county court, a justice court, or a municipal court who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(5) an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency; or
(6) a district attorney, criminal district attorney,
or county attorney who is licensed to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code.
(b) Section 46.02 does not apply to a person who:
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1221, § 4
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as an employee of a penal
institution who is performing a security function;
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261, § 28
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;
Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1221, § 4
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, if the weapon is a type commonly used in the activity;
Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1261, § 28
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;
(5) holds a security officer commission issued by the
Texas Board of Private Investigators and Private Security Agencies,
if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes); or
(8) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises.
(c) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use
of the club, including at least seven hours of training in the use
of the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or carrying of a club do not apply to a public
security officer employed by the adjutant general under Section
431.029, Government Code, in performance of official duties or
while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the
carrying of an illegal knife do not apply to an individual carrying
a bowie knife or a sword used in a historical demonstration or in a
ceremony in which the knife or sword is significant to the
performance of the ceremony.
(f) Section 46.03(a)(6) does not apply to a person who
possesses a firearm or club while in the actual discharge of
official duties as:
(1) a member of the armed forces or state military
forces, as defined by Section 431.001, Government Code; or
(2) an employee of a penal institution.
(g) Repealed by Acts 2005, 79th Leg., ch. 1093, § 4; Acts
2005, 79th Leg., ch. 1179, § 3.
(h) For the purpose of Subsection (b)(2), "premises"
includes a recreational vehicle that is being used by the person
carrying the handgun, illegal knife, or club as living quarters,
regardless of whether that use is temporary or permanent. In this
subsection, "recreational vehicle" means a motor vehicle primarily
designed as temporary living quarters or a vehicle that contains
temporary living quarters and is designed to be towed by a motor
vehicle. The term includes a travel trailer, camping trailer,
truck camper, motor home, and horse trailer with living quarters.
Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 288, § 1
(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view.
Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 976, § 4
(i) The provisions of Section 46.02 prohibiting the
carrying of a handgun do not apply to an individual who carries a
handgun as a participant in a historical reenactment performed in
accordance with the rules of the Texas Alcoholic Beverage
Commission.
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
( . . . )
§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) a judge or justice of a federal court, the supreme
court, the court of criminal appeals, a court of appeals, a district
court, a criminal district court, a constitutional county court, a
statutory county court, a justice court, or a municipal court who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(5) an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency; or
(6) a district attorney, criminal district attorney,
or county attorney who is licensed to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code.
(b) Section 46.02 does not apply to a person who:
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1221, § 4
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as an employee of a penal
institution who is performing a security function;
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261, § 28
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;
Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1221, § 4
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, if the weapon is a type commonly used in the activity;
Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1261, § 28
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;
(5) holds a security officer commission issued by the
Texas Board of Private Investigators and Private Security Agencies,
if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes); or
(8) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises.
(c) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use
of the club, including at least seven hours of training in the use
of the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or carrying of a club do not apply to a public
security officer employed by the adjutant general under Section
431.029, Government Code, in performance of official duties or
while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the
carrying of an illegal knife do not apply to an individual carrying
a bowie knife or a sword used in a historical demonstration or in a
ceremony in which the knife or sword is significant to the
performance of the ceremony.
(f) Section 46.03(a)(6) does not apply to a person who
possesses a firearm or club while in the actual discharge of
official duties as:
(1) a member of the armed forces or state military
forces, as defined by Section 431.001, Government Code; or
(2) an employee of a penal institution.
(g) Repealed by Acts 2005, 79th Leg., ch. 1093, § 4; Acts
2005, 79th Leg., ch. 1179, § 3.
(h) For the purpose of Subsection (b)(2), "premises"
includes a recreational vehicle that is being used by the person
carrying the handgun, illegal knife, or club as living quarters,
regardless of whether that use is temporary or permanent. In this
subsection, "recreational vehicle" means a motor vehicle primarily
designed as temporary living quarters or a vehicle that contains
temporary living quarters and is designed to be towed by a motor
vehicle. The term includes a travel trailer, camping trailer,
truck camper, motor home, and horse trailer with living quarters.
Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 288, § 1
(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view.
Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 976, § 4
(i) The provisions of Section 46.02 prohibiting the
carrying of a handgun do not apply to an individual who carries a
handgun as a participant in a historical reenactment performed in
accordance with the rules of the Texas Alcoholic Beverage
Commission.
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westernamerican
OK. Here's the simple answer: It is legal to carry a handgun on or about your person on premises that you control (home or business), or while traveling, hunting, or engaging in a sport where the type of handgun is used (for example, bullseye target shooting). It is completely legal up-front, not a defense to prosecution.
In those cases, the law says nothing about open or concealed carry, loaded or unloaded.
I do not recommend open carry while traveling. It is very likely to get you busted, unless maybe you are traveling on horseback in cowboy clothes.
- Jim
In those cases, the law says nothing about open or concealed carry, loaded or unloaded.
I do not recommend open carry while traveling. It is very likely to get you busted, unless maybe you are traveling on horseback in cowboy clothes.
- Jim
But.....seamusTX wrote:In those cases, the law says nothing about open or concealed carry
When HB1815 becomes effective Sept 1st, a handgun in a vehicle must be concealed.
SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle that is owned by the person
or under the person's control at any time in which:
(1) the handgun is in plain view;
Mike
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txinvestigator
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If we are discussing car carry via traveling, today it is not a defense to prosecution, it is non-applicable.seamusTX wrote:True. It's a defense to prosecution now (has been since 2005). But I was pointing out where open carry is legal.Mike1951 wrote:When HB1815 becomes effective Sept 1st, a handgun in a vehicle must be concealed.
- Jim
*CHL Instructor*
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
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txinvestigator
- Senior Member
- Posts: 4331
- Joined: Wed May 04, 2005 6:40 pm
- Location: DFW area
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Yes sir;Seburiel wrote:How do ya mean, TXI?txinvestigator wrote: via traveling, today it is not a defense to prosecution, it is non-applicable.
Does that mean, when travelling, there is simply no prosecution for carrying?
(no sarcasm, honest question)
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
§ 46.15. NONAPPLICABILITY. (b) Section 46.02 does not apply to a person who:
(3) is traveling;
*CHL Instructor*
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.