• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Post your TX Open Carry experiences here!

bigsranch

Newbie
Joined
Jan 11, 2016
Messages
3
Location
Katy, TX
Open Carry and the 30.07 sign

I'm into my 20th year now of holding a Texas CHL. 8 years of holding a Colorado CHP since officially registering as a Colorado resident.

Something I have noticed over the years that might be worth passing along to both Coloradoans and Texans now that licensed OPEN carry is lawful in Texas-

IWB ( inside waistband ) holstering provides a very practical method of navigating through the public square.

My carry style can be as relatively notorious...or...as relatively discreet ...as I wish with very little adjustment in my presentation.

This is a very comfortable zone for me between display - and concealment ...AT MY DISCRETION.

That's a good idea. I've open carried a couple of times this month with a regular belt holster. It takes some getting used to.
My .45 fits nicely in my IWB holster and I could cover or uncover at my discretion. I'll probably only use the belt holster when I'm working on my 45 acres.

With the proliferation of 30.07 signs, and the industry associations that push them on their members, I'm afraid open carry as currently constructed in Texas is pretty much dead. While I believe in property rights, I don't think that businesses open to the public should be allowed to "opt out" of open carry or concealed carry. Either it is legal or it is not. More work to be done.

BTW, two weeks into January, and I've not seen anyone besides me open carrying. I'm afraid that means there aren't enough of us to have any meaningful economic impact on those businesses that "opt out".
 
Joined
Jan 13, 2016
Messages
8
Location
Huntsville, TX
I'm afraid that means there aren't enough of us to have any meaningful economic impact on those businesses that "opt out".

Very true. Many people here in this forum wouldn't want to admit it themselves. How many people open carry right now? 1 in 10000? Or 50000? Businesses would gladly take a loss on 1 out of 10000 to appease the majority of customers in that 10000 people sample.

While I believe in property rights, I don't think that businesses open to the public should be allowed to "opt out" of open carry or concealed carry.

This would seem conflicting with believing in property rights. Either one is pro government dictation on what can and cannot happen on their property, or one is against. Pick and choosing seems to erode the "belief in property rights."
 
Last edited:

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Point is. Asking for CHL is a gray area morally but clear in legal standing. I can ask you for a drivers license by approaching you. You can refuse me and tell me off. Or not. Basically, one would break NO law by asking or even demanding. Similarly, one would break no law by refusing to a person who is clearly not a law enforcement agent. Thus, legality of it is very clear. Anyone can ask or demand CHL from you, with or without obvious reason, and you can refuse them, and all of you will be within your legal rights. However, if such a request is in good taste, it is up to the actors in a particular setting.

Another point. While you are on a private property, anyone who works there can give you a verbal notice to leave (if you are OCing). You can claim they don't directly represent the owner, but you'll be gambling with arrest and charges of misdemeanor A. On the other hand, whoever would give you the notice to leave gambles nothing on their end.

Summation. While a walmart employee can ask you for CHL, you can refuse. That walmart employee can issue a verbal notice to leave the private property while OCing. You may refuse and ignore the given notice, but then be under a chance of arrest and prosecution for trespassing. Thus, refusing to show CHL is within your rights, and to ask you to leave is within that employee rights. What ya gonna do, besides not liking it? Find a middle ground, perhaps?!?

Generally easily solved. Go up the food chain - immediately ask for the store MOD (mgr on duty).
 
Joined
Jan 13, 2016
Messages
8
Location
Huntsville, TX
Generally easily solved. Go up the food chain - immediately ask for the store MOD (mgr on duty).

A gray area. Could be considered as unwilling to leave after a verbal notice:

"except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by subsection (b) and subsequently failed to depart"

"Subsection (b) is: a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication"

How "subsequently failed to depart" will be looked at, who knows.

The only safe way is to leave, either conceal or leave in a car, re-enter, demand to speak to a manager...
 
Last edited:

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,431
Location
northern wis
Very true. Many people here in this forum wouldn't want to admit it themselves. How many people open carry right now? 1 in 10000? Or 50000? Businesses would gladly take a loss on 1 out of 10000 to appease the majority of customers in that 10000 people sample.


This would seem conflicting with believing in property rights. Either one is pro government dictation on what can and cannot happen on their property, or one is against. Pick and choosing seems to erode the "belief in property rights."


But it hasn't happen that way in other states more signs come down after awhile then go up. What we have seen a influx of signs in the beginning then after awhile the signs start to disappear. I expect the same to happen in TX.
 

qednick

Regular Member
Joined
May 1, 2007
Messages
499
Location
Bandera, TX
With the proliferation of 30.07 signs, and the industry associations that push them on their members, I'm afraid open carry as currently constructed in Texas is pretty much dead.

Really? I'm OC every opportunity I possibly get. Just got back OC'ing at Quiznos at Callaghan @ 410. The only 30.07 sign I've seen so far with my own eyes was at H.E.B.


BTW, two weeks into January, and I've not seen anyone besides me open carrying. I'm afraid that means there aren't enough of us to have any meaningful economic impact on those businesses that "opt out".

#1: Weather hasn't been conducive
#2: Most who'd like to OC are still a bit scared/shy. They're probably waiting till they see someone else doing it to make them feel at ease. All the more reason we should be good ambassadors, OC at every opportunity. The more we do that, the more people will follow, and the more it will become "normalized" and less scary.
 
Joined
Jan 13, 2016
Messages
8
Location
Huntsville, TX
Thought it was a class C now with $200 fine tops?

Only if you disobey the posted signs (excluding 51%). After a verbal confrontation it goes up to A level.

By itself, misdemeanor A is equal to: Carrying a weapon, whether concealed or open, is a class A misdemeanor. This could lead to a year’s imprisonment and/or a fine of up to $2,500.

Thus, after ignoring a verbal notice one would get in a similar trouble if one was open carrying without a CHL. Since you have gotten a CHL and did not want to be charged with misdemeanor A, why take chances with verbal notices?!?
 
Last edited:

CrossFire

Regular Member
Joined
Nov 29, 2007
Messages
407
Location
Irving, Texas, USA
The only 30.07 sign I have seen here is at the AMC Theaters in the mall and at one Mom and Pop restaurant. I OC'd at three places on opening day and you are right, since then it's been too cold.
 

qednick

Regular Member
Joined
May 1, 2007
Messages
499
Location
Bandera, TX
Just spent a good hour or so OC at 1st Choice Automotive & Collision on Callaghan @ Bandera Rd. Owner and his brothers want to get their licenses, mentioned getting Utah CWP. Told him I'd try and find out info on that as I thought something had changed recently in UT where they only give non-resident CWP's to those that already have their own resident license??? Anybody have any up-to-date info/link regarding this?? The BCI website doesn't make it clear and the list of UT course providers in TX seems somewhat outdated.

BTW, I'm making a point to note the locations of these places I visit so anybody else in S.A. area knows what to expect if they OC there.
 

OC Freedom

Regular Member
Joined
Feb 20, 2014
Messages
646
Location
ADA County, ID
Just spent a good hour or so OC at 1st Choice Automotive & Collision on Callaghan @ Bandera Rd. Owner and his brothers want to get their licenses, mentioned getting Utah CWP. Told him I'd try and find out info on that as I thought something had changed recently in UT where they only give non-resident CWP's to those that already have their own resident license??? Anybody have any up-to-date info/link regarding this?? The BCI website doesn't make it clear and the list of UT course providers in TX seems somewhat outdated.

BTW, I'm making a point to note the locations of these places I visit so anybody else in S.A. area knows what to expect if they OC there.

updated as of 11-18-15 page 3 on Utah info.

http://www.handgunlaw.us/
 

fozzy71

Regular Member
Joined
Mar 18, 2010
Messages
921
Location
Roseville, Michigan, USA
....
BTW, two weeks into January, and I've not seen anyone besides me open carrying. I'm afraid that means there aren't enough of us to have any meaningful economic impact on those businesses that "opt out".

I have been OC'ing in MI for 5+ years and only seen 2 others 'in the wild' (i.e. outside of an organized gun group meetup/meeting).
 

nonameisgood

Regular Member
Joined
Dec 4, 2008
Messages
1,008
Location
Big D
Buc-ee's on I-35 today, no notice taken.
Hopdoddy in Preston Center now (under a sport coat) they have a incorrectly worded 30.07... Says 30.06, but says openly carried. I'm just leaving that be. Let's let them have the sign, wrong as it may be, to avoid the alternative (both signs, they are based out of Austin.)


Sent from my iPhone using Tapatalk
 

HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,468
Location
Dallas
Haven't been to Katy Trail burgers in HP village since 1/1, but wd assume they are OC friendly, due to their other location as well as proximity to Beretta store..


Sent from my iPhone using Tapatalk
 

qednick

Regular Member
Joined
May 1, 2007
Messages
499
Location
Bandera, TX
updated as of 11-18-15 page 3 on Utah info.

http://www.handgunlaw.us/

Thank you sir! Looks like UT CWP is not an option for them if they don't already have TX CHL/LTC.

________________________
Last night stopped at the Mini Mart on Hwy 16 in Bandera to get smokes. Place was packed. Everyone trying to buy powerball tickets and apparently the phone lines were all down or something. No reactions or double-takes that I noticed.

Went up to Cowboy Capital Pizza (again) in town to get food to go. A few people there and owners immediately recognized me from last week's encounter. Owner's husband said "After you left last week I asked the girls what they thought about having their first OC'er in." Apparently their response was "huh?"...they hadn't even noticed.
 

qednick

Regular Member
Joined
May 1, 2007
Messages
499
Location
Bandera, TX
Nice :D A place named like that, I'd half expect the waiters and waitresses to be carrying replicas when I walked in ;P

Bandera is known as the "Cowboy Capital". They do a re-enactment gun battle in the main street around noon. It's a really popular town with tourists. Also bikers in the warmer months as is with most hill country towns. There's a chap that dresses up as a native American Indian, carries a BP replica, and charges 5 bucks to have a pic taken with him. There's a popular diner called Old Spanish Trail (OST) that has a "John Wayne" room, and along the bar they actually have saddles that you sit on instead of stools. There's two little hardware stores in town--both sell guns and ammo. It's a great place!

I ordered some custom (We The People) grips for my 1911 which should arrive tomorrow. I can't wait for the weather to warm up so I can strap up and go interact with all the tourists up there. ;)
 
Last edited:
Top