Open Carry Question

[BigGuy]

I’m presently the Security Officer at a public library. Being tax funded, we are have no signage. Unfortunately we are in a less than desirable part of town and before the Covid shutdown was, for all practical purposes, a defacto homeless shelter. In the time before I came, staff had gotten extremely lax on the rules. Visitors were allowed bring in multiple bags. (In some cases actual tents) The no food or drink rule was not being enforced. We had many lounge chairs and most days they were all filled minutes after opening and would stay filled until evening. We also had “charging stations,” were visitors could charge their phones. These would be occupied all day by people “Charging” their phones. It was also common for up to 20 people to be sitting around outside, eating food they had just been given from the shelter across the street.
While closed down, we removed the charging stations, half of the tables and chairs, and all of the lounge chairs. We strictly enforce the no food or drink, limit visitors to one bag, and require that they stay no more than one hour. I also enforce the No Loitering policy. I’m sure you can imagine, we received push back. We even had report that somebody had threatened to shoot the place up.
I’m not sure of the law concerning open carry. Am I correct that handguns must be holstered? What about long guns. Can they be openly carried into a public library? I’m trying to figure out how to react if I see some dude coming down the steps toward the front door carrying an AR in front of him.

[BigGuy]

To make matters even worse, the library is set up like a shooting gallery. It is set in in a semicircle with the only public entrance at one corner of the base. Shelving is set radially from the center so that staff can easily see all parts of the library. There is nothing to hide behind. The only other exit from the lobby is at the other end of the base where a hall leads to the back part of the build and a door to the staff parking lot. There is no signage, so visitors don't know about it.
I’m told that before I arrived last October, somebody from the PD came over to look at the place and make recommendations on how to handle an active shooter situation. I’m told he looked around, shrugged his shoulders and left.
Finally, even though I hold a level III license, the Library Board does not want me armed. The only way to make this more of a fish in a barrel situation would be the actual addition of water.

[Jusme]

As far as I know there are no laws prohibiting the carry of firearms in a library. LTC holders can carry handguns, either OC or CC. Long guns can be carried in public, so I don’t believe there is much that can be done to prevent someone from walking in with a gun. Since your company has decided to disarm its security, which makes it more like an usher at a movie theater, I would start looking for a job where you can fully utilize your level III license. JMHO

[srothstein]

Here is a quick rundown of the Texas laws on carrying, as I understand them. I am not a lawyer, and I strongly suggest you read Chapter 46 of the Penal Code, along with sections 30.06 and 30.07. Then read the parts of chapter 411 of the Government Code that deal with the license to carry. It is always best for you to read the law yourself. Second best is to pay for professional legal advice.

These are all very broad generalizations and oversimplifications but will give you a general idea of the law. The law is, in many case, very finely nuanced and not as general as I will make it sound.

In Texas, it is generally illegal for a person to carry a gun without a license if he is off his property and out of his car. Anyone can carry a gun anyway they want on their own property. It is legal for a person to carry a gun in their car if it is concealed, and that also allows them to carry to or from their car. Anyone with an LTC (license to carry) may carry a pistol almost any way they want as long as it is concealed. A person with an LTC may carry a pistol unconcealed if it is in a belt or shoulder holster. A person with an LTC may not carry a pistol where there are proper signs forbidding it, with a separate sign required forbidding either concealed or open carry (two signs to forbid both). As you noted though, you cannot post those signs).

There are almost no restrictions on a person carrying a long gun (rifle or shotgun).

People with an LTC are required to show it to a peace officer or a magistrate under certain conditions. Unless you meet both the position and the other requirements, no one has to tell you or show you that they have an LTC.

A general conclusion would be that it is legal for anyone to carry a rifle into your library and for anyone with an LTC to carry a pistol, either openly or concealed, into the library. You can ask if they have an LTC but they are not required to answer you.

But now for some good news, and this might help you feel a little more secure. First, I want to point out that mass shootings do not occur very often. They are, in fact, a very rare occurrence. They are so rare that it takes several years before criminologists can get enough incidents to get a valid scientific study. Contrary to the mass media's best efforts to portray otherwise, the odds are overwhelmingly against you ever seeing or being involved in a shooting like this.

Secondly, again contrary to mass media impressions, people with LTCs are among the best people in the world. They tend to be nicer and more polite (well, my experience says so) and they have much less criminal activity. There are fewer people with LTCs convicted of crimes each year than there are police officers. Part of this is the personality of the people who get licenses. They are law abiding citizens. If they weren't they would not bother to get the license and would just carry the gun anyway. Part of it is that they have some very tough standards to pass to get the license, including a background check with the FBI running their prints.

And finally, with a few exceptions, people are very unlikely to be carrying rifles or shotguns around. They are just not too convenient. They are bulky and interfere with your normal motions. The exceptions include people who are carrying the weapon to protest something - mainly weapons laws but we have seen a few protesting other things recently.

The final question you mentioned was about what to do if you see someone carrying a long gun coming your way. My first gut instinct is to say that if he has it on a sling, you probably have little to worry about. If he is carrying it in his hands, you may have something to worry about. If you see him coming in time and can lock the front door before he gets there, I could see that as a reasonable action. You do not have to let him in the building. You should also call the police and let them know what is happening. The reason I mention carrying in his hands or on a sling is that Disorderly Conduct, section 42.01 of the Penal Code, makes it a crime to carry a weapon "in a manner calculated to alarm." If he is scaring you with it, it is time to let the police know and handle it. They may not be able to do much (their or the DA's definition of alarm may differ from yours) but they can probably convince the person to leave.

Hope that helps a little bit. I am sure a few others will chime in to clarify points I got wrong or glossed over too much.

[Lynyrd]

Finally, even though I hold a level III license, the Library Board does not want me armed

So the Library Board wants security, or they would not have hired you. But they don't want security if they want to disarm you. They can't have it both ways.

[Grayling813]

Are you employed by the library or a private security company?

Sounds like you are employed as a Level 2 security guard even though you have Level 3 license.

I agree with Jusme...if you aren't allowed to carry your weapon find another security guard position. It's just too dangerous these days to be in public in a uniform of authority and not be armed.

[BigGuy]

Are you employed by the library or a private security company?

Sounds like you are employed as a Level 2 security guard even though you have Level 3 license.

I agree with Jusme...if you aren't allowed to carry your weapon find another security guard position. It's just too dangerous these days to be in public in a uniform of authority and not be armed.

I'm part time with the library, hoping it goes full time. I also do part time for another company and my license is through the security company they use.

[ELB]

I'm part time with the library, hoping it goes full time.

Your description of the failure to allow you to enforce the rules prior to the commie flu says to me that they really don’t give a flip about security, they just need a “security guard” to fill the checkbox somewhere, maybe so they can tell the insurance company they have one. Security theater instead of Actual security. (And how many actual library patrons did you have? I’m going to bet not many.)

As the commie flu panic calms down I predict they will slide back into their old habits of not wanting you to enforce anything lest you offend the homeless, or the clueless, or the latest alphabet identity.


So I am suggesting that you may want to reconsider your desire for a full-time position at the library in favor of a position that will have more appreciation for you and your skills.I realize it’s probably hard to let go of something that is already in your grasp, with the potential to go full-time and probably provide health insurance benefits and all that, but Since you are conscientious enough to engage in self improvement and try to understand the law, and explore the what-ifs, you are going to have some awfully frustrating days ahead I think.


And anything that goes wrong with “Security” will be your fault, whether it was too much or too little.



My two cents. Good luck.

[Grayling813]

Are you employed by the library or a private security company?

Sounds like you are employed as a Level 2 security guard even though you have Level 3 license.

I agree with Jusme...if you aren't allowed to carry your weapon find another security guard position. It's just too dangerous these days to be in public in a uniform of authority and not be armed.

I'm part time with the library, hoping it goes full time. I also do part time for another company and my license is through the security company they use.

The library contracts you part time through the security company? Or does the library also have a security license under this provision and employs you?
https://www.dps.texas.gov/rsd/psb/GLOA.htm

[BigGuy]

Are you employed by the library or a private security company?

Sounds like you are employed as a Level 2 security guard even though you have Level 3 license.

I agree with Jusme...if you aren't allowed to carry your weapon find another security guard position. It's just too dangerous these days to be in public in a uniform of authority and not be armed.

I'm part time with the library, hoping it goes full time. I also do part time for another company and my license is through the security company they use.

The library contracts you part time through the security company? Or does the library also have a security license under this provision and employs you?
https://www.dps.texas.gov/rsd/psb/GLOA.htm

I actually misspoke. All Library employees are actually employees of the City. The City does have a security license number and I'm employed by them.

[Grayling813]

As an unarmed security guard I believe your best response to seeing someone headed for the front door with a rifle would be to lead everyone out a door on the opposite side of the building.
Your city employer cares not one whit about security or your well being.

[BigGuy]

As an unarmed security guard I believe your best response to seeing someone headed for the front door with a rifle would be to lead everyone out a door on the opposite side of the building.
Your city employer cares not one whit about security or your well being.

Pretty well the conclusion I've co.e to. I've already spoken with the other employees and assured them I'd never joke about something like that. If they hear me say "Man with a gun," to head for the back door taking as many patrons as they can.