As open carry takes effect in Texas, officials predict lawsuits

In light of this new law, employers should review their policies to make sure that they prohibit in the workplace not just concealed firearms but openly carried ones as well.

The law, which went into effect January 1, gives the state’s roughly 900,000 gun permit holders the right to carry their firearms openly in belt and shoulder holsters, according to Governing magazine. One is reciprocal, and that is when licensed gun holders in Texas can carry in another state and vice versa.

“It’s the responsibility of the operators of the facilities to ensure that the patients are not around risky weapons”, said Republican state Rep. Matt Rinaldi, an open carry supporter.

Licensed gun owners can now bring their firearms into Texas’ 10 state psychiatric hospitals.

CJ Grisham, president of Open Carry Texas at the State Capitol. The calls for clarity come amid concerns that courthouses that display signs banning guns may face penalties under the provisions of Texas Senate Bill 273, which came into effect in September a year ago. Also, you can’t carry a gun while drunk, while committing a crime, or while acting recklessly.

The real question, however, is will black people receive the same level of respect and consideration when it comes to the application of this new law as non-black people will?

Higginbotham Brothers stores across the state, have posted signs prohibiting the open carrying of handguns. These are same requirements as the concealed handgun law signage (with slightly different verbiage). “They’ve had open carry in Wyoming since the 1800s and haven’t had a problem with and I don’t think we will either”.

Shortly after the law passed, Whataburger announced it would not allow open carry in its restaurants.

“There is a difference of opinion about whether or not just the mere fact that someone is walking down Main Street carrying a pistol in a holster is sufficient probable cause for a police officer to insist on seeing their handgun permit”, said Kevin Laurence, the executive director of the Texas Municipal Police Association.

The Transportation Security Administration also does not allow openly carried guns beyond airport security checkpoints.

So it appears the change is instead being driven by another new state law that allows governmental entities to be penalized for improperly posting “no guns” signs. The website GunFreeBusinesses that launched last week lists places that have yet to post 30.07 signs, encouraging visitors to contact these businesses to urge them to ban open carry on the premises. For those law enforcement officials who violate the law and racially profile lawfully carrying Black people, it may take several federal lawsuits in order to address the issue and stop the behavior.

While the national retailer welcomes CHL to carry openly in their stores, they say they are asking managers at stores to sell alcohol to check those customers for their licenses.

Time will tell how this law will impact the African American community, but there is one thing African Americans should always be mindful of in Texas-don’t let “open carry” get you carried away!