So as of January 1st, 2016, the new Open Carry Law went into effect in Texas, which permits current Concealed Carry Permit holders (full disclosure: I am one myself), if they should choose, to openly carry a handgun of their choice in a secure holster on their person. While the pre-OC restrictions on CHLs remain in-force after OC, banning carry in Courthouses, K-12 schools, etc, and while private businesses may restrict Open or Concealed carry with the proper 30.07 or 30.06 signage as an exercise of their property rights, government institutions (besides courts buildings, jails, etc) are specifically enjoined from restricting either open or concealed carry and can face stiff legal penalties for doing so.
We library personnel have been given basic training on the new law recently by a representative from our county attorney’s office. A good summary of what was discussed at that training is encapsulated at the link that follows, consistent with what the Texas State Library and Archives Commission FAQ says on the subject:https://www.tsl.texas.gov/ld/pubs/ocpublic.html
The long and short of it is that we are NOT to confront individuals open carrying, BUT that if there is a situation of “gun + X”, where X stands for disorderly or suspicious behavior, we are to discreetly contact 911 and let local law enforcement handle the matter. If the individual removes the weapon from the holster, call 911. If they remove the holster from their person and set it on a table, call 911. If they come in toting an AR-15, call 911. The latter isn’t technically an issue of Open Carry; the open carry of long guns in Texas has long been legal, but open carry of a long gun in an urban area could still run afoul of other laws like certain sub-sections of Disorderly Conduct, say. It was intended for allowing hunters and farmers to openly carry rifles in rural areas on public lands between non-adjoining private property, not for douchenozzles to scare the sh*t out of people at their local suburban Chipotle restaurant. I am not a lawyer and this is pure speculation on the part of this diarist and none of this post should be construed in any fashion as legal advice. Always consult a licensed attorney when seeking the answers to specific legal questions.
OC and CC guns *can* be restricted at the public library in Texas ONLY when there is a school-sponsored activity happening that day (the mere presence of school-age children is not sufficient!) OR on days when the Library itself is being used as a polling place on Election Day. Signage to that effect is not legally required, but our county is working on developing such temporary signage anyway as a courtesy and a friendly reminder.
As a library employee, I console myself with dark humor like this; noting that while Houston Public Library nearby includes this in their rules:
(quote)
The following behaviors, activities and/or items are prohibited in all Library buildings:
9. Items that could potentially be used as weapons [emphasis added], including but not limited to sporting equipment such as baseball bats, skateboards, etc.
But ACTUAL WEAPONS, like a Glock 23? C’mon in, hoss!
I have to laugh because otherwise it’s just so infuriating.
One of the nasty features of the new OC law is that before January 1st, many public libraries, Houston Public Library among them, can and did restrict concealed carry with a properly situated 30.06 sign. We had our own home-brew signage that was not legally binding but there mainly as a deterrent and an expression of management’s preference on the matter. I never spoke up because I personally don’t personally have an issue with Concealed Carry, so long as its done responsibly with the proper equipment (this does not mean “pocket carry”, which I view as stupidly irresponsible). For me, it was the perfect compromise for Texas. Then OC had to go ruin it for everyone. Now many more restaurants are reacting to the new law by posting both 30.07 AND 30.06, restricting OC and CC simultaneously, reducing the total number of places where even concealed carry is permitted. I would never dream of Open Carrying myself and I feel about OC people the same way that many Gore voters in 2000 felt about Nader voters in the immediate aftermath.
So while I very much dislike OC, and while I think OC has the potential to really do damage to the peaceful, contemplative ambiance and calm we should expect in a library environment, we are legally enjoined from restricting it. If library patrons find this ridiculous, they need to let politicians know their displeasure at the ballot box and by contacting them directly via US Mail. Be diplomatic and polite but also speak your mind in no uncertain terms. Ask for an exception that empowers libraries to restrict OC via a 30.07 sign at a bare minimum. I for one am glad I deal only very rarely with the general public, my work is largely behind the scenes in my library. I resisted the urge to ask when we’d be receiving our county-issued body armor and bullet-proof glass for Reference and Circulation staff. Though one of my colleagues did understandably ask if we could CC or OC ourselves, considering that we could not restrict OC. The answer is of course no, government agencies can restrict their own employees as a personnel matter via internal policies. Only licensed peace officers and assistant DAs who work for the county are permitted to carry on the job, etc.
Neighboring Houston Public Library does have a rule about prohibiting
6. Unlawfully carrying a weapon.
But basically OCers are to be presumed to be lawfully carrying unless they also engage in, say,: 7. Intimidating, stalking, harassing, speaking loudly, or other behavior that interferes with or impedes the peaceful use and enjoyment of Library premises, services, or programs.
...Whereupon library staff will call 911, because this has now become an aforementioned “Gun Plus” situation. Personally, I find a stranger walking around with a gun on his hip plenty intimidating all by itself, but this doesn’t count, apparently. (Admittedly, I don’t even like being around armed cops, and I’m white, too).
BTW, the full HPL rules I’m quoting from can be found here:
http://houstonlibrary.org/library-rules-policies
To be excruciatingly fair, since January 1st in my little corner of Texas in former Tom Delay country, I have yet to see a single instance of OC in public. I’ve heard some people state that support from OC came from some members of the CC community who liked the idea of OC protecting them “just in case” the flubbed their concealment, whether an unexpected gust of wind blows up their shirt and reveals their hitherto concealed weapon, or if their weapon happens to “print” on the shirt or other garment they’re using to conceal it. Basically they were in favor of OC because they wanted to be able to get by with “half-assing” their concealed carry practices. I don’t have much sympathy with this view. I feel like such CC community members who supported OC for these reason(s) threw away a perfectly good public compromise we’d had in this state since 1994 and that we may never get back again. It’s bad public policy and it’s bad for local businesses being forced to take a public stand on such a contentious issue, and state and local government employees are forced to endure arguably less safe and more intimidating, anxiety-inducing workplaces as a result.
There have been no reports to date of anyone actually exercising OC in any of our branches to my knowledge. We are all perhaps “Waiting for Gun-Toting Godot”, feeling anxious and nervous about a scenario that may never actually come to pass. Before the gun nuts rush to the comments section, yes, I know criminals can and have been probably carrying in our libraries for years, and no, I myself don’t have an objection to law-abiding citizens carrying concealed if they do so responsibly...but OC goes too far and doesn’t have a place in our public libraries in my personal opinion, but that’s the law of the land as it stands and we all have to live with it for now until we can finally toss out the nutbags in Austin and elect sensible people again to State office. I’m not holding my breath.