New open-carry law fast approaching

Law goes into effect in 8 days

SAN ANTONIO – It will be open season for open carry come Jan. 1, and gun owners and law enforcement are preparing.

"Just feel now we're allowed to do it," said Edward Trigo, who was attending a recent open carry seminar at STW Krav Maga. "I want to just take the opportunity to just be...I guess protect my family, be ready in case."

One of the most highly anticipated and controversial bills of the past legislative session, the state's new open carry law, will allow anyone with a concealed handgun license (CHL), soon to be a license to carry a handgun (LTC), to carry an unconcealed handgun in a shoulder or belt holster.

How many license holders decide to open carry remains to be seen, but supporters say how commonplace it becomes isn't the point.

"It's because of the right to choose. The liberty to choose. The restoration of rights," said Richard Briscoe, the legislative director for Open Carry Texas, a group that lobbied for the new law.

License holders who choose to open carry will generally have the same privileges and restrictions as they do with concealed carry.

Open carry generally has the same privileges and restrictions as concealed with some additional "no, no's." You can't open carry if you're on a college campus or if you're private security and not wearing a uniform. Private property owners have the right to prohibit open carry by posting a sign.

District Attorney Nico LaHood says law enforcement can stop you to ask for your LTC if you're open carrying, "If an officer politely asks you I don't care if you videotape it. Do whatever you want that you feel you need to be protected. Just, 'Yes, sir. Thank you very much, and have a blessed day,' and move on," LaHood told the open carry seminar at STW Krav Maga.

Open Carry Texas disagrees that police have legal authority to stop you only to ask for your license to carry, but they don't recommend disobeying the request unless you have a heap of money to pay for the legal battle.

There probably won't be any need to worry about that in San Antonio, though. Police Chief William McManus said San Antonio officers won't stop you just for openly carrying a gun but he said officers do have the right to ask for your weapon if they stop you and feel unsafe.

"Officers need to be able to protect themselves. So if they feel the need to remove that weapon from the individual, then they're going to do that," McManus said.

McManus also said dispatchers are trained to respond to 911 callers phoning in about someone open carrying a gun by asking a series of questions to determine why that person might be carrying a gun.


About the Author:

Garrett Brnger is a reporter with KSAT 12.