Abilene Police Department and ACU Police Department Open Carry Forum December 10, 2015

Chief Stan Standridge Welcome Purpose of meeting Ground rules

Informational Guide The material presented is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain legal advice with respect to any particular issue or question As with any new legislation, some issues are unclear and will need to be addressed through case law and future legislative action We may not be able to answer all questions

Goals Discuss right “to keep and bear arms” Understand gun laws effective January 1, 2016 Explain rights to carry (when/where) Contrast carry by license and unlicensed Identify property owner rights Talk about proper signage Recognize applicable criminal violations Discuss how Abilene officers will interact Answer questions

Foundation of Law Second Amendment to the Constitution of the United States - A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

Foundation of Law Article I, Section 23, of the Texas Constitution – every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Building of Law Like some regulation on free speech (yelling fire in a crowded theater), some regulations have been accepted as applicable to the Second Amendment Arms have been regulated (machine guns, silencers, bazookas, etc.) Manner of carry has been regulated Regulations sometimes include licensing

District of Columbia v Heller 2008 Supreme Court case Right “to keep and bear arms” is a personal right Right is not unlimited and there may be “reasonable regulation” “Not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose”

Easy Texas Law State laws for officers – almost 2600 pages (small font) HB 910 – 42 pages Old CHL handbook – 72 pages So let’s look at an easy law, say….. how to tether a dog…..

HS to Definitions: Collar – means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog. Owner – means a person who owns or has custody or control of a dog. Properly fitted – means, with respect to a collar, a collar that measures the circumference of a dog's neck plus at least one inch. Restraint – means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.

HS to Violation: UNLAWFUL RESTRAINT OF DOG – An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement: between the hours of 10 p.m. and 6 a.m.; within 500 feet of the premises of a school; or in the case of extreme weather conditions, including conditions in which: the actual or effective outdoor temperature is below 32 degrees Fahrenheit; a heat advisory has been issued by a local or state authority or jurisdiction; or a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. In this section, a restraint unreasonably limits a dog's movement if the restraint: uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; is a length shorter than the greater of: five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or 10 feet; is in an unsafe condition; or causes injury to the dog.

HS to Exceptions: Section does not apply to: a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar; a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction; a dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained; a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog; a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or a dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

HS to HS Penalty: A person commits an offense if the person knowingly violates this subchapter. A peace officer or animal control officer who has probable cause to believe that an owner is violating this subchapter shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner. A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with this subchapter within 24 hours of the time the owner is provided the statement. An offense under this subsection is a Class C misdemeanor. A person commits an offense if the person violates this subchapter and previously has been convicted of an offense under this subchapter. An offense under this subsection is a Class B misdemeanor. If a person fails to comply with this subchapter with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense. If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Easy Right?

“Easy” Cheat Sheet Gun Laws January 1, 2016 Open carry – no licenseConcealed carry – no licenseConcealed carry – licensedOpen carry – licensed (holstered)Long guns (not in violation of disorderly statute) GENERALLYNo Yes, if no specific prohibition Person’s own premisesYes In car or watercraftNoYes Yes, if holsteredYes Any private premises open to publicNo Yes, unless signYes, unless signYes, unless no firearms sign Educational institution (Not college)No No, unless written authorizationNo unless written authorizationNo, unless written authorization Grounds where educational activity is being conducted (Not College) No No, unless written authorization Educational institution vehicleNo No, unless written authorization High school, collegiate, or professional sporting event (Except shooting events) No Yes, unless no firearms sign Public college campusNo No, until (4 year schools) or (Jr. colleges). Then yes unless sign. No Private college campusNo No, until Then yes unless prohibited on campus. No Polling place-day of election or early voting No Building with court or court officesNo No, unless court authorized Government meetingNo Yes, unless signYes, unless signYes, unless no firearms sign Government facilities generallyNo Yes Secure areas of police facilitiesNo Yes, unless notice and compliance with Gov. Code § Yes, unless no firearms sign Correctional facilityNo Secured area of airportNo No, but no offense if they leave when asked No RacetrackNo While intoxicatedNo Premises of TABC licensed business with 51% sign. No Yes, unless no firearms sign Hospital or nursing homeNo Yes, unless signYes, unless signYes, unless no firearms sign Place of worshipNo Yes, unless signYes, unless signYes, unless no firearms sign Place of employmentNo Yes, unless prohibited by employer (yes in own vehicle) or other prohibition Any place with “no firearms” posted including public or private facilities No Yes, unless sign and not otherwise prohibited Yes, unless sign and not otherwise prohibited No Courtesy Theresa James City of San Angelo City Attorney

Applicable Laws PC and – signage requirements PC – requirement to ID (detention) PC – disorderly conduct PC – definition of a firearm PC – unlawful carrying of a weapon PC – places firearms prohibited PC – unlawful carrying of a weapon by a license holder

Applicable Laws PC – prohibited weapons GC – license eligibility GC – requirement to display license GC – authority to disarm PC 9.31 – self defense PC 9.32 – deadly force in defense of a person PC 9.33 – defense of a third person

Applicable Laws PC 9.34 – protection of life or death PC 9.41 – protection of one’s own property PC 9.42 – deadly force to protect property PC 9.43 – protection of third person’s property TABC – carrying firearms on premises EC – firearms on school property LGC – preemption against municipality ordinances LGC – preemption against county ordinances

Applicable Laws There are others and we didn’t mention Federal law or case law.

January 1, 2016 Distinction between concealed and open carry throughout state is gone and replaced with a general license to carry a handgun Applicable trespass laws are addressed in Texas Penal Code (concealed carry) and (open carry) Open carry requires a belt or shoulder holster No new training for current license holders; new training after January 1, will include gun retention Without a license, the open carry of a handgun is illegal; law is not open constitutional carry

Holster

Holster Opinion Retention holsters – Level one uses friction only – Level two has a second motion or button – Level three has third motion or action For licensed carry, our opinion is that it be at minimum a level two

Miscellaneous Laws Texas Penal Code Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. This does not include antique or curio firearms manufactured before 1899 or replicas of antique or curio firearms manufactured before 1899 if they do not use rim fire or center fire ammunition

Miscellaneous Laws Texas Penal Code Handgun means any firearm that is designed, made, or adapted to be fired with one hand.

Miscellaneous Laws Texas penal Code – Premises means the building or a portion of a building. The term does not include any public or private drive, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Miscellaneous Laws Texas Penal Code A person commits an offense if he intentionally or knowingly: Discharges a firearm in a public place other than a public road or a sport shooting range; Displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; or Discharges a firearm on or across a public road

Penal Code Concealed carry by license holder after receiving notice that entry on the property by a license holder with a concealed handgun is forbidden Notice can be a proper sign or verbal Violation is class C misdemeanor (up to $200 fine) unless holder refuses to depart after being told to do so; then, class A misdemeanor

Penal Code Open carry by license holder after receiving notice that entry on the property by a license holder with an openly carried (in holster) handgun is forbidden Notice can be a proper sign or verbal Violation is class C misdemeanor (up to $200 fine) unless holder refuses to depart after being told to do so; then, class A misdemeanor

Required Signage Separate notice for both and Written notice must: – Include statutory language in both English and Spanish – Be in contrasting colors at least one inch in height – Must be displayed in a conspicuous manner clearly visible to the public (30.07 must be displayed at each entrance to the property)

30.06 Statement “Pursuant to Section 30.06, Penal Code (trespass by a license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.”

30.07 Statement “Pursuant to Section 30.07, Penal Code (trespass by a 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.”

Property Owner Rights In most cases: – Property owners have a right to carry a firearm on their property with or without a license – Property owners have a right to convey this right to employees on their property – Property owners have a right to prohibit weapons on their property (with proper notice they can prohibit concealed, open, all guns or any combination of those three)

Property Owner Rights Exceptions: – Common areas of apartments – Parking lots, sidewalks, etc.

Signs

Old Law

Signs

Quarter Guide A quarter is.955 of an inch in Diameter. As such, it is a good guide of letter size Paper is 8 1/2” x 11” and is useful for illegal knife (fold over long end)

Alcohol Establishment Signs

Public Unlicensed Handgun Carry Permitted if concealed in motor vehicle or watercraft owned by person or under persons control and includes when directly en route Cannot be: – Engaged in criminal activity (other than class C traffic law) – Prohibited from possessing a firearm – A member of a criminal street gang

Public Long Gun Carry No license required Prohibited places apply General firearms prohibition applies on private property (no specific statutory language required)

Prohibited Places (all firearms) Educational institution/activities w/o written permission High school, collegiate or professional sporting event Polling place (polling signs posted) Court or court offices w/o authorization (pending decision on mixed use locations) Correctional facility

Prohibited Places (all firearms) Secure area of airports (opportunity to leave if licensed holder with concealed) Racetrack While intoxicated (license holder); Public Intoxication law may apply 51% locations Within 1,000 feet of execution on day of execution

30.06 or Signs or Verbal Notice Required to Prohibit Handguns Private premises open to public Government meeting Hospital or nursing home Place of worship

Campus Carry Begins August 1, 2016, on both public and private institutions of higher education Concealed carry only Public institutions can carve out certain locations Private institutions have a provision to opt out Junior (Community) Colleges begin August 1, 2017

Abilene Police Interaction Officers are instructed: – Persons lawfully carrying firearms under Texas law should not be unnecessarily hindered in the exercise of that privilege – Any detention of a person for carrying a handgun shall be in accordance with Texas Penal Code §46.02, Unlawful Carrying of Weapons – Disarming of persons lawfully carrying firearms should only occur consistent with state law where an officer reasonably believes it necessary for the protection of the license holder, officer, or another individual

Abilene Police Interaction License holders may be required to disarm prior to entering a secure portion of the Law Enforcement Center License holders may carry in unsecured portions of the Law Enforcement Center

Miscellaneous Laws Texas Government Code – If a license holder is carrying a handgun on or about the license holder’s person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder’s driver’s license and the license holder’s handgun license

Miscellaneous Laws Texas Government Code A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

Questions?