Update: Open & Concealed Carry Laws (Jan. 2016)

texas no open carry signHere is an update on the latest open and concealed-carry news around the country.

Open-Carry In Texas Results In Increase Of No Open-Carry Signs

As of January 1, 2016, open-carry became legal in Texas and it is the most populous state to allow open-carry. In the wake of this event, many retailers have decided to post no open-carry signs with some of the most noteworthy being: Costco, H-E-B grocery stores; Target; Starbucks; Whataburger; Torchy’s Tacos; Randall’s grocery stores; AMC Theatres; Jimmy Changas and Whole Foods.  Many shopping malls are also prohibiting open-carry.

In Texas, unlike most states, businesses can post no-gun signs OR no open-carry signs. A no-gun sign does not allow the open or concealed carrying of guns while the no open-carry signs specifically prohibit only open-carry.  It will be interesting to see how this plays out and if other states decide to create the same type of signs as Texas.

Only 5 states now prohibit open-carry: California, Florida, Illinois, New York and South Carolina.  Florida may be the next to allow open carry, stay tuned!

Public Debate – How Police Should Respond To Calls Regarding Open Carry

This has been a heated debate in Colorado recently, due to the recent Colorado Springs shooting. According to the Denver Post, the shooter’s neighbor spotted him carrying a rifle down the street and she called 911.  The dispatcher advised that open carry was legal in Colorado Springs.  Within hours, three people were shot to death.

Many police agencies in open carry states agree this is a problem because the open carry statutes make it difficult for them to properly respond and determine if there is an emergency situation. We can expect to see more discussions and debates about this issue, because there is no easy answer.

Update On Washington D.C.’s “Good Reason” Requirement  

As you may recall, Washington D.C. has one of, if not the most, restrictive requirements for obtaining a concealed-carry permit. It requires “good reason” for needing the permit.  In May, 2015 a federal district judge (who was visiting from New York) ruled the “good reason” requirement was not proper and granted a preliminary injunction putting the strict requirement on hold.  Just recently, a federal appellate court vacated that ruling after finding the visiting district court judge did not have authority to rule on the case.

It looks like the case will now go to a properly sitting federal court judge and the case will start over.

Colleges & Universities

Every day there are new articles about how concealed and open carry is to be handled on college and university campuses.  There is a lot of talk but not a lot has been decided.  If you have a store on a college campus, either talk to your attorneys or contact me for the current law in that state so you know how and what you need to do on this issue.

Grocery Stores & Open Carry

Whether a grocery still will allow customers to open carry is again becoming a very big issue and it seems to be taking place across the county.  Groups both for and against open carry are organized and ready to protest and boycott.  Be ready and be prepared.

Stay tuned.

 

Photo of State Rep. Diego Bernal: http://www.sacurrent.com/Blogs/archives/2015/10/20/state-rep-diego-bernal-has-signs-for-businesses-that-want-to-prohibit-open-carry