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Temple, TX, June 16, 2016– For more than 15 hours yesterday, Democrats took to the Senate floor to filibuster in an effort to force votes on amendments designed to restrict the rights of Americans to keep and bear arms. Open Carry Texas (OCT) vehemently, categorically, and whole-heartedly opposes every proposed measure, including the NRA-backed amendment sponsored by Senator John Cornyn (R-TX) requiring a mandatory wait period.

When the People give the government the ability to determine who is “eligible” to exercise a right, what’s to stop the government from determining no one is “eligible?” While we also oppose the current background check (BGC) system, broadening it will do nothing to keep guns out of the hands of dangerous individuals. Extended BGCs do nothing more than inconvenience and interfere with the rights of law abiding citizens to keep and bear arms in the manner protected by the constitution: uninfringed. We oppose the so-called “universal BGC” proposals as infringements upon our rights.

The terrorist watchlist and “no-fly” list are both subjective, arbitrary lists that also do nothing to ensure the safety or security of the American people. As a gun rights organization who is dedicated to the safe and legal carry of firearms, we do not want killers having the ability to take the lives of innocent people. However, we also recognize, as Benjamin Franklin did, that “those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

The process by which the government determines one to be ineligible to fly is a secret. There is no notification process to an individual placed on the no-fly list, meaning that Americans frequently don’t find out until they’re already trying to board a plane. There is no appeals process for being removed from the list and – other than politically connected individuals – it is nearly impossible to do so. Due to the complete lack of due process involved in the “no-fly” list, OCT condemns and opposes any effort to prevent law abiding citizens who have not been adjudicated by a court from exercising their right to keep and bear arms, including the right to purchase them, based on such a list.

The terrorist watchlist is an even more egregious and constitutionally offensive strategy to undermining our civil rights. While the word “terrorist” is surely intended to conjure up images of body counts, grotesque violence, Muslim extremists, and wholesale fear. The problem is in who gets to decide what constitutes a “terrorist.” The suggested amendment to deny gun rights to individuals on the terrorist watchlist does not seek to deny guns to terrorists, but to people suspected of being terrorists. Anti-liberty politicians want to use this broad and ominous term to deny rights to a category of people that has no baseline definition other than “the use of violence and intimidation in the pursuit of political aims.” Once the government is given permission to bar individuals deemed to be potentially engaging in or planning to engage in “terrorist” activities, there is no stopping the government from deeming anyone a “terrorist” that opposes its will. In fact, both Open Carry Texas and the National Rifle Association have been accused of being terrorist organizations and its members “domestic terrorists.” The Founding Fathers would have been labeled terrorists in the late 18th Century.

Due to the lack of due process involved in every amendment being proposed, we cannot support, endorse, or accept any of them. We will not condone the destruction of any aspect of our constitution under the guise of public safety. Senator Cornyn’s bill would treat people adjudicated without due process as criminals just for being placed a list without warrant, affidavit or cause. “Liberty is always dangerous, but it is the safest thing we have” and we can’t allow fear-mongering to alter, abolish or infringe upon it no matter how feel-good it may sound. The shooting in Orlando was a government failure, not a failure of our constitution.

OCT is an organization dedicated to the safe and legal carry of firearms in the State of Texas in accordance with the United States and Texas Constitution and applicable laws. About Open Carry Texas: Our purpose is to 1) educate all Texans about their right to carry in a safe manner; 2) to condition Texans to feel safe around law-abiding citizens that choose to carry them; 3) encourage our elected officials to pass constitutional carry legislation for all firearms; and 4) foster a cooperative relationship with local law enforcement in the furtherance of these goals with an eye towards preventing negative encounters.

Can an HOA or Apartment Complex Ban Guns?

This is another interesting question sent to us and one the courts haven’t yet had to wrestle with in Texas that we’re aware of. Texas law does not address whether Homeowner’s Associations may infringe upon basic constitutional rights. Some states expressly prohibit HOAs or landlords from passing rules or regulations that bar its citizens from legally carrying self-defense firearms. Texas is not one of them. All is not lost.

Under American Jurisprudence, a Servitude (basically an HOA, but specifically defined as “a right by which something – as a piece of land – owned by one person is subject to a specified use or enjoyment by another”) cannot “unreasonably burden a fundamental constitutional right” (§ 3.1(2) Validity of Servitudes: General Rule, Restatement Third, Property (Servitudes) American Law Institute 2000). In other words, even though an HOA is allowed to set certain rules and regulations related to the properties it oversees, it cannot violate your rights wholesale. Additionally, a HOA rule or regulation that lacks “rational justification” is likewise invalid.

Many Home Owner Associations seem to be run by very authoritarian leaders. Many do not. Those that do feel as if they can rule over their “kingdom” with an iron fist and impose their will on everyone else. These are the people that will try to use “gun violence” as a “rational justification” for gun bans. This line of thought has been losing a lot of steam lately. Most recently, in the Matthew Grace and Pink Pistols v District of Columbia and Cathy Lanier opinion, a federal court in DC essentially laughed at the “more guns equal more crimes” mantra that so many anti-gun jurisdictions and entities espouse today.

All [the government] offer[s] by way of reasoning is that all guns, even guns carried in self-defense, increase the incentive for criminals to carry guns, or increase the chances for accidents. But as plaintiffs rightly emphasize, “it is ‘not a permissible strategy’ to reduce the alleged negative effects of a constitutionally protected right by simply reducing the number of people exercising the right.”

The District’s policy thus bans some citizens from exercising their constitutional right to carry firearms outside the home for self-defense, and no amount of proof of the negative effects of exercising a constitutional right can justify a ban.”

So the question becomes does an HOA ban on open carry in public areas violate a fundamental constitution right. The answer is “no” as long as they aren’t also banning concealed carry. However, a sign saying “no guns allowed” would violate American Jurisprudence (common laws of the United States) and be “invalid” by law. An HOA also cannot prohibit carry on any land that is managed by the association of which a homeowner is a member.

In the same vein, condominium complexes are shared interests in which tenants own their particular condominium and the common areas. Penal Code 46.02 specifically allows for carry “on the person’s own premises or premises under the person’s control,” this includes the common areas of the complex. In fact, in the Texas Court of Criminal Appeals case Chiarini v. State of Texas, the court held that just that.

We conclude that appellant’s undivided ownership interest in the common area of the condominium complex made the common area appellant’s “own premises” under the UCW statute. Because appellant was carrying a handgun on his own premises, he did not violate § 46.02.

The HOA may restrict guns in a community meeting room if the proper signage is posted at every entrance but the HOA cannot restrict guns in the entire HOA jurisdiction area. The bottom line is that in an HOA, it would likely be a very long, hard–fought battle if the board wants to challenge the home owners’ right to bear arms.

Where the law gets diluted and confusing for some is when applied to apartments or rental homes. Under current Texas law, private property owners can ban licensed open carry, concealed carry, or both in common areas of their “property” as long as they provide notice. Home owners and renters of houses are the same as to their rights. The same applies to renters in apartment complexes. You can also have guns in hotel and motel rooms for as long as the rent is paid but the hotel or motel may restrict the common areas by the proper signage if the signs are posted at every entrance to a common are.

It is not a stretch of the imagination that a resident in a rental property who is assaulted, injured, or otherwise victimized due to a landlord’s decision to disarm them could sue for damages for failing to provide adequate protection to the tenant. This is an area that apartment complexes and landlords need to take into account when drafting their tenant policies.

Like HOAs, no court would likely find in favor of a tenant if the landlord merely banned open carry in common areas because there is still an alternative to legally carry for self-defense on the property if concealed. Since there is an alternate available, the rights of the tenant are not being “irrationally” violated, even if the rationale of such a decision may not be agreeable to those of us that know better. Tenants in rental homes or apartment complexes in which the landlord has decided to place both 30.06 and 30.07 signs should have a talk with the management and make them aware that banning all guns on its property sets them up for lawsuits should anyone in the complex be victimized. At a minimum, this would at least dissuade them from posting 30.06 signs in common areas.

Keep in mind, though, that 30.06 and 30.07 signs only apply to the LICENSED carry of a firearm. Therefore, the signs are meaningless to possession of unlicensed firearms because Penal Code Section 46.02 provides an exemption as listed above. Since the signage requirements only apply to “license holders,” law abiding gun owners without a license who carry only in their vehicles or homes (or to and from them) wouldn’t be subject to them. In these cases, it’s best to keep it to yourself lest the landlord decide to close this loophole.

This is a problem that may require a legislative solution. It is a difficult balancing act between property rights, gun rights, and the inalienable right to life, which predicates a right to defend that life. If the legislature forbids landlords from completely banning guns on its property, then it essentially says gun rights trump private property rights. If it does nothing, it essentially says private property rights trump gun rights.

An unfortunate solution to this conundrum may be that someone gets injured, critically injured or dies as a result of a gun ban by a landlord. If a landlord is successfully sued into bankruptcy or feels the pain of such a lawsuit, other property owners will be forced to wake up and reevaluate their policies. This can be preempted by someone wealthy enough to preemptively sue or is able to find a sympathetic attorney to challenge the polices now since they do have standing for such a case.

The ability to ban guns only applies to privately owned rental properties and not publicly owned ones. Under Texas law, government entities CANNOT create rules or regulations more strict that state law, which includes banning guns in government housing.

To summarize, an HOA cannot completely ban guns within its jurisdiction because properties within it are privately owned even if communally managed. On the other hand, private property owners of homes or apartments can ban guns in common areas on their property if they choose under current law. The only choices are to accept it, challenge it in court, or choose not to live in such a place to begin with. Public housing is different since it is a government run entity and cannot ban guns of those that are legally allowed to possess them.

Now, for a dose of reality. When it comes to having to defend yourself if you are charged with a violation, the reality about what the law says is that the answer is “what the Judge or Jury says on that day.”
Unfortunately common law is often based on a particular set of bad facts. An example might be where someone accidentally discharges a weapon in an apartment complex and kills a child.  In this case, some Judge is going to hold that it is the right of the landlord to exclude guns and since the landlord did not exclude weapons then they are civilly liable for the shooting.  On the other side is the scenario that you are presented with where a Judge may create civil liability because the tenant was denied the right to carry concealed or otherwise.  Of course, the argument usually then goes that the legislature should give more clear guidelines.  A good example that is the current campus carry law where both sides are already trying to exploit the legislation that was written due to poor wording and an attempt by legislators piecemeal rights.
In the end, the only way to make this more black and white is to pressure the legislature to address is pointedly and specifically as possible.
Hope this does muddy up the waters further but it is the world we live in.

Open Carry Texas relies on the generosity of our members to complete our mission and objectives. Please consider being a high caliber supporter by making a monthly donation of $2.23, $5.56, $7.62 or any other amount here.

Disclaimer: This post is not intended to be legal and is shared for informational purposes only.


30.06 Signs and Vehicle Carry

We recently had a question sent to us about whether a business could put up a 30.06 or 30.07 sign up at the entrance to a parking lot. The question was whether they could ban the entire parking lot from open or concealed carry. The answer is “yes” and “no.” Let me explain.

We’ll begin with Government Code Section 411, which is what governs who is “eligible” to carry a self-defense firearm. There are certain requirements and criteria for who can and cannot carry. There are also proficiency and training requirements prior to being issued a government permission slip to carry. This section deals specifically with licensing and does not address concealed carry in a vehicle. It is the predicate for most other laws dealing with self-defense carry and provides the means to do so.

In 2007, the 80th Legislature pass the Motorist Protection Act. This bill amended Penal Code Section 46.02. This is the section of Texas law that violates our state and federal constitutions and makes ALL carry illegal except for those given permission to break the law after being issued a license. However, there are two instances where the law doesn’t apply. Those are:

(1) on the person’s own premises or premises under the person’s control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

Section 46.15 previously exempted someone who “is traveling” from the 46.02 ban, but the MPA clarified this because it was being enforced differently. What does “travel” consist of? Some departments were putting a minimum mileage requirement. Others said it applies to travel outside the county. Still others put time requirements on one way travel. Either way, current law states that anyone who lawfully possess a handgun can have that handgun in a vehicle without a license provided it is concealed. And, as of January 1, 2016, you can have an openly carried handgun in a vehicle provided it is in a “belt or shoulder holster” that is carried “on or about the person.”

Now that we have the law laid out, let’s get to the meat of the question. Can a business ban guns on their entire property. First the “no.” Labor Code Section 52.061, which was passed in 2011, specifically protects EMPLOYEES’ right to have a handgun in their vehicles if they are licensed.

A public or private employer may not prohibit an employee who holds a license to carry a handgun…who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

However, it would seem that the law does not specifically protect all OTHER gun owners from having a gun in the parking lot of a business.  This was made clear as mud during discussion on the bill in 2011 on whether it applied to everyone and the entire property. It seems as if the legislative intent was to include everyone, but the words didn’t. Here’s a little bit of that discussion:

REPRESENTATIVE BURNAM: This amendment simply addresses the concern that I was raising in my point of order. If you look at the definition in the Penal Code, which is the last section of the bill as filed, it is much more comprehensive than what the bill’s been represented. So, this amendment is intended to simply do what the bill analysis said it was going to do, which would allow what the author of the bill is trying to accomplish without allowing them to take guns on other parts of the grounds, of the campus, of the facility, of the business. Move its adoption.

REPRESENTATIVE KLEINSCHMIDT: Members, the statutory language used to define premises is in the Penal Code, it’s out there, it’s been used. To add another term or premises in the law today just doesn’t get us anywhere. It’s not practical. It just leads to more questions in the statute. Penal Code’s got a good definition.

BURNAM: On the Penal Code—it s defined, is that not correct, in the senate bill? Or it’s referred to.

KLEINSCHMIDT: —refers to the section of the Penal Code that defines premises.

BURNAM: Right, and in the Penal Code, the way they define premises is strictly the building—that s not applied to the grounds, the sidewalks, the picnic areas, or any other aspect of the facility. Is that correct?

KLEINSCHMIDT: I believe that s correct—does not include the parking lot.

BURNAM: So, I don t understand. All I ’ m trying to do is better define what you ’ say in your bill analysis you re trying to do, to make sure it does what you say in ’ your opening comments about the bill. All I m trying to do is define it to do what ’ you say it does. So, what s your objection? ’

KLEINSCHMIDT: I think the bill stays a lot cleaner if you don t add a new definition to the statutes.

BURNAM: Well, there s this misrepresentation that’s going on as to whether or ’ not we intend to open this up or actually do what you said you did, both in the subject line and the HRO report. We’re just talking about honesty in communication about what s going on. So, I’m just trying to get a clear definition.

KLEINSCHMIDT: Well, an amendment ought to clarify the statute. This doesn’t help, it simply adds an additional definition into the statutes. 

BURNAM: So, what you are saying is, it is your intent in this legislation that it be restricted to parking lots, and not be able to carry guns around, and other various parts of the campus, of the business facility.

KLEINSCHMIDT: This is a parking lot bill. There is no intention for employees to be able to carry beyond their employer’s parking lot. It’ll let them carry in the parking lot. They can show up in their vehicle with it and have it in their locked vehicle in the parking lot.

So, SB 321 specifically protects employees, but what about the rest of us? The law says we don’t need a license to carry in a vehicle. What if a business puts up a 30.06 or 30.07 (or both) to prevent open or concealed carry at the entrance to the entire property.  While the legislators were arguing intent for employees on what defines a “premises,” 30.06 uses another word: “property.” That is a much different word that is more encompassing. So, let’s look at 30.06/07.

If a private or public entity wanted to ban concealed carry – where allowable under law – all they need to do is put up a sign in accordance with Penal Code Section 30.06. It makes it an offense for a person who “carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent” and if the license holder “received notice that entry on the property by a license holder with a concealed handgun was forbidden.”  Notice consists of a “card or other document” (like a sign) on which is written specific language. Penal Code Section 30.07 is identical, except it applies to open carry. Entities that want to ban both must post both signs.

So, since GC 411 only applies to licensed carry of a firearm, PC Section 30.06 or 30.07 aren’t applicable to unlicensed concealed carry in a vehicle. The signs only apply to “license holders.” Keep in mind that this only applies in vehicles because it’s still “illegal” to carry a handgun outside your vehicle or property under your control without a license. This is why a 30.06 or 30.07 sign at the entrance to a parking lot does not prevent those without a license to carry from carrying concealed in a vehicle only. Once you step out of that vehicle, the signs apply if you have a license. If you don’t have a license, you’re breaking the law under PC 46.02.

Here’s the kicker and the area where we don’t feel comfortable making a definitive statement: if you have a license to carry, the law would at least appear to say that the sign DOES apply to you, while the sign would mean nothing to an unlicensed carrier in the vehicle. To understand how to think like a government official, remove your brain.

Hopefully this clears it up for everyone.

Open Carry Texas relies on the generosity of our members to complete our mission and objectives. Please consider being a high caliber supporter by making a monthly donation of $2.23, $5.56, $7.62 or any other amount here.

Disclaimer: This post is not intended to be legal and is shared for informational purposes only.

Why is open carry so important?

C.J. Grisham, President, Open Carry Texas

1453154378922For the past three years since my arrest, I’ve worked hard to get better gun rights legislation passed through the Texas legislature. As of January 1 of this year, a licensed gun owner can carry a holstered handgun openly instead of being required to cover up. It took a lot of hard work from a lot of people from El Paso to Beaumont, Harlingen to Lubbock and Texarkana to Odessa to make it happen. I wanted to take a quick moment and explain why this is an important law because there are three main reasons why you should support it.

Convenience – The fact is that a thin piece of fabric is the only difference between someone carrying a gun concealed or openly. If you want to take off your coat to sit down for a cup of coffee or a burger, you can now do so without having to untuck your shirt or become a criminal. You can get out of your car to pump gas or grab a quick soda without worrying my gun might be seen. People who wear shirts and ties or tucked in business casual can now defend themselves legally without having to hide their gun.
Comfort – Inside the waistband holster are uncomfortable and cumbersome. Gun owners frequently end up dressing around their firearm instead of carrying what they prefer to carry. In order to carry an outside the waistband holster – the most popular manner of carry – Texans typically end up buying clothing is a size too large so they can properly conceal them. We no longer have to do that. During the summer months, it is even more difficult to conceal during a time when clothing is kept as minimal as possible. Likewise, more women will be able to carry a handgun comfortably having the additional option to carry openly in a belt or shoulder holster and women are the fastest growing demographic for gun ownership.
IMG_0812Exposure – In my line of work in the Army, I was trained on many of the psychological aspects of criminology. Fear and anxiety are a very powerful emotions and they are used incessantly by critics of open carry. However, fear and anxiety can be cured or at least managed. As someone with PTSD I know that firsthand as I have been trained to successfully manage my anxiety as have thousands of people suffering with it. A common treatment in overcoming phobias is exposure therapy. People who are afraid to drive can’t get over that fear if they never get behind the wheel. A fear of heights can’t be overcome by standing on the sidewalk. A fear of guns in public will likewise continue to perpetuate that fear as long as they are stigmatized and invisible to the naked eye. This is what I accomplished by carrying rifles all over Texas. It took some getting used to and made a lot of people uneasy, but by the end of 2013 the number of 911 calls about people carrying rifles dropped over 97% because people knew the law and were exposed to them. People may have still be uncomfortable, but they weren’t fearful. The same is true about open carry of holstered handguns.
In 1995, when the concealed handgun law was passed, we heard much of the same outrage, manufactured fear, and belly aching that we hear today with the passage of the open carry law. Businesses scrambled to put up 30.06 signs banning concealed handguns. People predicted Hollywood-style shootouts and blood running through the streets. It was supposed to be concealed carry-initiated Armageddon. They were proven wrong. Within a year, businesses started slowly removing the signs as they realized it wasn’t a big deal and today few businesses have them up at all. The critics shriveled into their cocoons licking their wounded pride for overreacting. Open carry will be no different and will experience the same growing pains.
We haven’t done anything novel in Texas by passing this law. We aren’t even a leader in gun rights legislation. We’re still way behind the constitutional power curve. We don’t need to wonder what results open carry will bring; we can look at more than 40 states to see for ourselves. Of the 45 states that allow some form of open carry, 31 of them are UNLICENSED open carry states. In other words, we are part of only one-third of the open carry states that still require a license. Open carry was not responsible for a single increase in crime rates, death, or another N’ Sync album.
My ultimate goal and what will define my existence until I succeed is to get constitutional carry passed in Texas, make our license to carry voluntary, remove gun free zones, protect law abiding gun owners, and lower the cost of obtaining a license. Last year, the number of constitutional carry states jumped from five to seven. Two of those states are BLUE states! There is no reason that Texans are any less capable, intelligent, responsible, or deserving to exercise our rights without paying a tax and begging for a permission slip than those other states. I would even opine that we are more capable, more intelligent, more responsible, and more deserving than they are. We’re the only state in the Union that was once its own country. It’s time to be a leader again.

Inspire Others To Do The Same

Submitted by OCT: Houston Administrator Valente Gonzalez 

c2c20Have you ever been mobbed by anti-gunners? Do you feel pressured by the constant harassment of anti-gunners? I know how it feels. I work in a gun free zone; I have tried to get the employer to remove signs and to make us less of a target to no avail. I am looking at other ways to fix this situation; the employer says that they let us keep guns in our cars. I explain that is fine but that is the law, that isn’t something they can stop. This kind of interaction is called arguing. It is the way by which ideas are expressed, examined and challenged. Can you win every argument? No; but every argument gets people thinking, it gives you experience and when later you lick your wounds and research facts you find out how you were right.  You may not win an argument, sometimes the best you can do is just not lose an argument. Arguments are proving grounds for ideas.

Gun Control/Safety advocates cite misleading statistics that help them to prove their points; sometimes their facts are very misleading, because they cite gun crime, not all crime. They make a statement and end it with “Right” so you can agree with them, never agree with someone who is wrong. They will often try to alienate you by using peer pressure too, for example they will say, “Everyone believes gun control is good.” This is a false generalization designed to influence you so that you do not argue as confidently. Non-apologists (people who explain things) are sometimes at a loss to provide a rebuttal to their accusations, many times this is the first time that they have heard accusations negating their world view and many times this is the first time they have engaged in debate with people outside of their familiar mindset regarding such topics. They are frustrated and don’t know what to do or say to counter the “ideas” that another person is espousing.

So how does someone defend his/her rights from the relentless, mindless assault by the anti-gunners? To defend a position, you need to only remember that you are not the one wanting to change, you are normal; you are part of the reality they want to change. They seek to change reality by making you feel like you are the one seeking change rather than they. They try and perform a role reversal. Always remind them, they are part of the minority, always remind them that they are the ones going up against the silent majority. The Gun Control/Safety argument is something they want you to lose, or be incapable of defending. They want to shake your confidence so your ideas do not carry any weight. These people have ideas that are counter to our rights and many times they are working with only pure emotional appeal.

People defending a position logically cannot reason with emotion, unless they identify the emotion and call it out. Emotions that anti-gunners express are all forms of Resentment. Resentment of your rights and of your support of your rights can be categorized by bitterness, indignation, irritation, pique, dissatisfaction, disgruntlement, discontentment, discontent, bad feelings, hard feelings, ill will, acrimony, rancor, animosity, jaundice; More, anger, and outrage for your rights.


Remember you are dealing with people whose objective has been set to destroy the second amendment as a personal life’s goal under the false guise of “gun safety” or gun control. You will never ever change it.  “The price of liberty is eternal vigilance” is an often paraphrased and true statement. You will never be able to stop paying the price for liberty. So get used to it, enjoy it and never give up the fight. The irony is that we are all fighting for the same thing: safety and security. We simply have fundamental differences how that is achieved.

It is impossible to win the debate with anti-gunner extremists, however we are not trying to convince them so much as we are trying to remind them that they don’t speak for everyone. The way to ensure that their ideas do not get any traction is to call them out and challenge them constantly by seeking out others of like mind and organizing and meeting with a group. Human nature is a curious thing, when humans band together to support a cause their political power increases, they are emboldened, and most importantly they will inspire others to do the same. When you get more people thinking the way you do then your idea will resonate and spread.

Stand up organize and “inspire others to do the same.”

University of Texas Releases Campus Carry Recommendations

Beginning on August 1, 2016, the Campus Carry law goes into effect at all 4-year public universities (community colleges have until August 1, 2017). The law, SB 11, allows universities to “establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus of the institution or on premises located on the campus of the institution.” However, those rules and regulations can’t “generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution.”

With that direction, the University of Texas campus carry working group released their list of recommendations for implementing the law. For the most part, we are satisfied with their recommendations with the understanding that ANY restrictions are too many. However, our satisfaction is only relayed in the context of the law as written and not on our personal beliefs that any location where a gun is prohibited is unsatisfactory.

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Why Not Carry In K-12?

guninschoolBy CJ Grisham, President, OCT

With Campus Carry less than a year away in Texas, Universities are scrambling to find as many places to ban the concealed carry of a handgun by licensed Texans as possible. Since the bill passed in June, liberals in student government and the educational elite have kicked into high gear to oppose the law in any possible.

One of the talking points by the left is that guns need to be banned around the kids. “We need to protect the kids.” Universities are already releasing their recommendations and top of the list is any building or area where there is a dual credit high school presence or a child care facility. This begs the questions, “What makes a child care facility any more or less dangerous than anywhere else on campus?”

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AUSTIN, TX – For a group ostensibly founded and run by professional researchers, Gun Free UT makes numerous claims that wouldn’t pass peer review. While much of the organization’s literature and talking points are just plain ridiculous—for example, a statement from the Warfield Center for African and African American studies, declaring, “[W]e demand that firearms be banned in all spaces occupied by Black people on our campus”—others are factually and statistically indefensible.

There is no disputing the fact that Texas concealed handgun license (CHL) holders are convicted of violent crimes at approximately 1/5 the rate of the general population. However, Gun Free UT claims, “Conviction rates are unreliable, because CHL holders tend to escape prosecution.” The group’s only source for this claim is a link to an article titled “Why Americans Don’t Treat Fatal Gun Negligence as a Crime”—an article that neither explicitly nor implicitly makes the claim in question. Instead, the article is about America’s reluctance to convict individuals responsible for fatal gun accidents. Nothing in the article suggests that America’s unwillingness to convict for negligent shooting deaths is more applicable to CHL holders than to the general population; therefore, Gun Free UT’s claim is completely without merit.

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Turncoats of the Texas Legislature


Law enforcement across the state are gearing up to harass you for lawful open carry just for exercising your rights thanks to a spineless House of Representatives. The Department of Public Safety is actively telling them they have that authority and Chief Law Enforcement Officers are likewise pushing this mindset to their troops on the line.

During debate of House Bill 910, Representatives Matt Rinaldi (R) and Harold Dutton (D) offered an amendment that would have protected Texans who chose to open carry their handguns. The concern was that law enforcement would harass law abiding citizens going about their normal daily businesses solely based on the act of open carrying. To address this issue, two amendments were offered – one in the House and one in the Senate. The amendment passed near unanimously on a 133-10 vote in the House, with those “no” votes being Democrats. They wanted to make clear that in passing this bill, law enforcement had no authority to stop and ID Texans SOLELY based on the act of open carrying a holstered handgun.

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