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Clarification about reciprocity
Posted: Tue Aug 04, 2015 6:57 pm
by ShootDontTalk
I searched, but am not finding the answer I'm looking for.
Can a person with a concealed carry license recognized as valid in Texas open carry in the proper holster on January 1st? This was asked by a guy who drives a big rig frequently through Texas.
Some guys on another forum asked as well and I don't want to steer them wrong.
Re: Clarification about reciprocity
Posted: Tue Aug 04, 2015 7:01 pm
by The Annoyed Man
I believe the answer is yes, but subject to the same other out-of-state license restrictions for places like gun-free school zones, etc. In other words, for him, the only thing that changes is the decision to OC or CC. Whatever he can legally do while CC'ing, he can legally do while OC'ing. You might want to apprise him of 30.07.
Re: Clarification about reciprocity
Posted: Tue Aug 04, 2015 7:19 pm
by ShootDontTalk
Thanks TAM. I believe you're right. I learned a valuable lesson. Don't ever try to summarize Texas gun laws (concealed and MPA) in four little simple paragraphs. I think I'm gonna send these guys over here to read all about it. Thanks again.
Re: Clarification about reciprocity
Posted: Tue Aug 04, 2015 8:02 pm
by Charlies.Contingency
That is a very good question, and I guess it all depends on the exact language in 30.07, if it refers to TEXAS CHL holders, or a CHL recognized by etc..
Re: Clarification about reciprocity
Posted: Tue Aug 04, 2015 8:17 pm
by The Annoyed Man
Charlies.Contingency wrote:That is a very good question, and I guess it all depends on the exact language in 30.07, if it refers to TEXAS CHL holders, or a CHL recognized by etc..
It would seem to me that either is carrying under the authority of Texas CHL law, and subject to all of Texas' laws. If 30.06 applies to anyone lawfully carrying concealed in the state of Texas - whether on a Texas license or an out of state license - why wouldn't the same be true for 30.07 and open carry?
Re: Clarification about reciprocity
Posted: Tue Aug 04, 2015 8:33 pm
by Charlies.Contingency
The Annoyed Man wrote:Charlies.Contingency wrote:That is a very good question, and I guess it all depends on the exact language in 30.07, if it refers to TEXAS CHL holders, or a CHL recognized by etc..
It would seem to me that either is carrying under the authority of Texas CHL law, and subject to all of Texas' laws. If 30.06 applies to anyone lawfully carrying concealed in the state of Texas - whether on a Texas license or an out of state license - why wouldn't the same be true for 30.07 and open carry?
TAM, could you be so kind as to paste onto here a copy of the 30.07 wording if available?
Re: Clarification about reciprocity
Posted: Tue Aug 04, 2015 9:13 pm
by Keith B
Charlies.Contingency wrote:The Annoyed Man wrote:Charlies.Contingency wrote:That is a very good question, and I guess it all depends on the exact language in 30.07, if it refers to TEXAS CHL holders, or a CHL recognized by etc..
It would seem to me that either is carrying under the authority of Texas CHL law, and subject to all of Texas' laws. If 30.06 applies to anyone lawfully carrying concealed in the state of Texas - whether on a Texas license or an out of state license - why wouldn't the same be true for 30.07 and open carry?
TAM, could you be so kind as to paste onto here a copy of the 30.07 wording if available?
Here it is
“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.”
So a person with a concealed handgun license from a reciprocal state will be able to carry openly just like a Texas licensee.
Re: Clarification about reciprocity
Posted: Wed Aug 05, 2015 8:59 am
by Charlies.Contingency
Keith B wrote:Charlies.Contingency wrote:The Annoyed Man wrote:Charlies.Contingency wrote:That is a very good question, and I guess it all depends on the exact language in 30.07, if it refers to TEXAS CHL holders, or a CHL recognized by etc..
It would seem to me that either is carrying under the authority of Texas CHL law, and subject to all of Texas' laws. If 30.06 applies to anyone lawfully carrying concealed in the state of Texas - whether on a Texas license or an out of state license - why wouldn't the same be true for 30.07 and open carry?
TAM, could you be so kind as to paste onto here a copy of the 30.07 wording if available?
Here it is
“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.”
So a person with a concealed handgun license from a reciprocal state will be able to carry openly just like a Texas licensee.
Because they are covered in Subchapter H, Chapter 411, Government code. So almost the same language as 30.06, so what 30.06 refers to a legal carrier, is the same standards that 30.07 uses. So until otherwise specified, whomever can legally conceal carry, even out of state license holders recognized with a reprocity agreement, can now (starting next year) open carry as well.
Did I get that right?
Re: Clarification about reciprocity
Posted: Wed Aug 05, 2015 12:17 pm
by Keith B
Charlies.Contingency wrote:
Because they are covered in Subchapter H, Chapter 411, Government code. So almost the same language as 30.06, so what 30.06 refers to a legal carrier, is the same standards that 30.07 uses. So until otherwise specified, whomever can legally conceal carry, even out of state license holders recognized with a reprocity agreement, can now (starting next year) open carry as well.
Did I get that right?
Yep
Re: Clarification about reciprocity
Posted: Wed Aug 05, 2015 12:24 pm
by Charlies.Contingency
Keith B wrote:Charlies.Contingency wrote:Keith B wrote:
So a person with a concealed handgun license from a reciprocal state will be able to carry openly just like a Texas licensee.
Because they are covered in Subchapter H, Chapter 411, Government code. So almost the same language as 30.06, so what 30.06 refers to a legal carrier, is the same standards that 30.07 uses. So until otherwise specified, whomever can legally conceal carry, even out of state license holders recognized with a reprocity agreement, can now (starting next year) open carry as well.
Did I get that right?
Yep
Awesome, thanks! I hope this helps others trying to figure this out!
Re: Clarification about reciprocity
Posted: Wed Aug 05, 2015 12:35 pm
by Keith B
Charlies.Contingency wrote:
(Note: Your quoting format had an error!)
Fixed the original.
