Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun; creating a criminal offense; providing penalties.
Impact
The enactment of SB346 is poised to impact several state laws relating to self-defense and firearm regulations. Local governments may face challenges in enforcing any regulations on open carry, given the preemption clause, which could restrict local authority to add further regulations beyond state law. It is anticipated that this measure could also influence the dynamics of public safety and law enforcement interactions, as officers will need to adjust to individuals visibly carrying firearms. Furthermore, the law dictates penalties for violations connected to open carry, indicating a structured framework for regulations surrounding this practice.
Summary
SB346 is a legislative proposal that seeks to amend existing laws concerning the carrying of handguns in Texas. Specifically, the bill grants individuals licensed to carry a handgun the authority to openly carry a holstered handgun. This change represents a significant shift in how handgun carrying rights are interpreted and exercised, moving from a primarily concealed-carry framework to one that accommodates open carrying. Supporters of the bill argue that it enhances the rights of legal gun owners and aligns Texas law with the rights of individuals in various other states where open carry is already permitted.
Contention
However, the bill has encountered notable opposition, primarily from groups advocating for gun control and public safety. Critics argue that the open carry of handguns may lead to increased incidences of public fear and misunderstandings regarding firearm ownership. They emphasize the potential for escalated tensions among the public and law enforcement, raising concerns over safety in public spaces. The bill’s opponents advocate for stricter regulations on firearm possession, suggesting that allowing open carry could undermine the progress made in efforts to reduce gun violence and promote responsible ownership practices.
Relating to the locations in which carrying certain weapons is prohibited and the applicability of a defense to prosecution for an offense relating to carrying a handgun in certain prohibited locations and associated notice requirements.
Relating to prohibiting the carrying of a handgun by a member of a criminal street gang while engaged in criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to the offense of unlawful transfer of handguns and other firearms and to the duties of certain entities with respect to handgun licenses that are active, suspended, or revoked; creating a criminal offense.
Relating to adding a designation on a person's driver's license or commercial driver's license indicating that the person is licensed to carry a handgun.
Relating to wrongful exclusion of handgun license holders from certain property owned by or leased to a governmental entity and to certain offenses relating to the carrying of handguns on that property.
Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun; creating a criminal offense; providing penalties.
Relating to the authority of a person who is licensed to carry a handgun to openly carry a secured handgun; creating a criminal offense; providing penalties.