TexasCHLforum.com

Our nation and our state have been rocked by multiple shootings of civilians and police officers that are so appalling and heartbreaking that we all search for answers and look for blame. Still, I was surprised when I received a handful of calls to my Senate office blaming me and my colleagues in the Texas Legislature for the deaths of the Dallas police officers. After these senseless killings, there has been a great deal of attention focused on open carry laws in Texas. Unfortunately, inaccuracies about the law and the facts are being articulated in the press and in social media.

The Second Amendment clearly gives citizens the right to keep and bear arms. In fact, with various restrictions (or in some cases none at all), 45 states allow some form of open carry. House Bill 910, passed last session, took the existing law regarding carrying a concealed handgun and allowed those same license holders to carry openly in a belt or shoulder holster. But the new legislation had nothing to do with the criminal acts that led to the death of those brave officers. It did nothing to change Texas laws surrounding the open carry of long guns, the type of weapon that killed the Dallas officers and was seized from some rally participants.

There are prohibitions on who can possess a rifle or shotgun in Texas, and certain places like schools, polling places and courts are examples of prohibited locations to carry. Also, contrary to some statements made by authorities, all municipalities in Texas, including the city of Dallas, already have authority under Texas law in the Local Government Code (Section 229.001(b)(6)) to regulate, including prohibiting if they choose to do so, the carrying of firearms by other than a person licensed to carry a handgun at certain locations, including parades, political rallies and official political meetings. Otherwise, anyone - licensed or not - may possess or openly carry a long gun. This has always been the law in Texas. The right to openly carry long guns has been deeply embedded in the law and the culture of Texas and respected for 170 years regardless of which party had a majority in the Legislature, Democrats or Republicans.

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