Open Carry Laws: Rifles Included Or Excluded?

Open carry laws in the US refer to the practice of visibly carrying a firearm in public places. While federal law does not restrict the open carrying of firearms, specific rules may apply to property owned or operated by the federal government. The laws vary from state to state, with some states imposing no restrictions on open carry, while others require a permit or license. Some states, such as California, Connecticut, Florida, and Illinois, prohibit the open carrying of firearms in public. Texas law, for example, allows individuals to carry handguns in most public places without a license, but prohibits carrying certain weapons, such as rifles, in specific locations. The definition of open carry also varies, with some states considering a weapon loaded when a live round is in the chamber, while others define it as having ammunition readily accessible.

Open carry laws in Texas

Texas open carry laws have changed several times in recent years. As of September 1, 2021, HB1927 made it legal for most people aged 21 or over to carry a handgun in a holster without a permit, both openly and/or concealed. This removed the previous requirement to have a license to carry (LTC) in order to carry a handgun in most public places. Texans can still obtain an LTC, which may carry additional benefits.

Texas law does not specifically put restrictions on who can carry a long gun, such as a rifle or shotgun. However, some people are prohibited from owning or possessing any firearm by law. For example, it is illegal to carry a firearm in Texas if you:

• Are under the age of 21
• Have a prior felony conviction
• Have a recent conviction for certain types of misdemeanours
• Are subject to a protective order
• Are a member of a criminal street gang
• Are intoxicated

In addition, Texas law prohibits people from displaying a firearm in a public place in a "manner calculated to alarm".

There are also places where firearms are prohibited, including:

• A court or office used by a court
• The secured area of an airport
• Within 1,000 feet of a state execution
• A business that gets 51% or more of its income from the sale of alcohol
• School, collegiate, or professional sporting events
• A correctional facility
• Hospitals and nursing facilities

Private businesses can also opt out of allowing concealed, open, and permitless carry by posting appropriate signage.

Open carry and disorderly conduct

Open carry laws in the United States refer to the practice of carrying a firearm in public places, with the firearm kept readily accessible on the person, within a holster or attached to a sling. While the laws vary from state to state, most states now place few or no restrictions on the open carry of firearms in public. However, there have been instances where individuals carrying firearms in public have been charged with disorderly conduct.

In the State of Texas, disorderly conduct includes "intentionally or knowingly displaying a firearm in public 'in a manner calculated to alarm.'" In the case of State v. Ross, the Court of Criminal Appeals had to determine what behaviour is considered alarming and what constitutes reasonable open carry. The court concluded that the statute does not require a person to actually be alarmed, but rather focuses on whether the firearm was displayed in a way calculated to alarm. This gives it an objective reading, invoking the reasonable person standard.

In another instance, a man in Utah was photographed with a rifle across his back at a JC Penney store, which led to a bill that defined when someone could be charged with disorderly conduct while openly carrying a gun. The bill stated that guns must be holstered, and that carrying a gun in the hand or openly displaying it on the body could result in a citation for disorderly conduct.

While open carry laws vary across the United States, the issue of disorderly conduct related to firearm possession is complex and subject to interpretation by law enforcement and the courts.

Open carry and public safety

Open carry laws in the United States refer to the practice of carrying firearms that are openly visible in public places. This is distinct from concealed carry, where firearms are hidden from casual observation. The laws regarding open carry vary from state to state, with some states requiring permits or licenses, while others impose few or no restrictions.

Impact on Public Safety

The increase in open carry laws has sparked debates about public safety. While proponents of open carry argue that it allows law-abiding citizens to display their weapons, there are concerns about the potential dangers it poses. Here are some key considerations regarding open carry and public safety:

• Increased Threat of Violence: Relaxing open carry laws makes it easier for people to carry firearms in public, which can escalate arguments and lead to fatal outcomes. The presence of visible firearms may also encourage aggressive and violent behaviours, as suggested by researchers.
• Intimidation and Suppression: Open carry can be exploited by individuals or groups to intimidate and suppress the rights of others. White supremacist groups, for example, have a history of using open carry laws to threaten and intimidate people at rallies, in front of places of worship, and at electoral campaign offices.
• Confusion for Law Enforcement: Open carry laws can complicate the work of law enforcement officers, especially during shootings or active shooter incidents. It becomes challenging to distinguish between legal gun carriers and those posing a credible threat to public safety.
• Impact on Suicide Rates: Studies have found a correlation between permitless open carry laws and increased rates of firearm suicide in certain states.
• Public Support and Opposition: Open carry laws are generally supported by gun rights advocates and opposed by gun control groups. However, law enforcement and the public often express concerns about the potential dangers posed by open carry.

In summary, while open carry laws give individuals more freedom to carry firearms in public, there are valid concerns about their impact on public safety. The visibility of firearms can escalate conflicts, enable intimidation, confuse law enforcement, and contribute to higher rates of gun-related incidents.

Open carry and private businesses

Open carry laws vary from state to state in the United States, and private businesses are affected by these laws in several ways. While open carry is allowed in most states, private businesses can prohibit firearms on their property. However, there are specific requirements for giving "notice" that firearms are not allowed, which vary by state. For example, in Texas, there are different rules for signage depending on the type of business and the type of firearm.

Private businesses that want to ban guns on their property must generally give proper "notice" to people at the property, either verbally or through written communication. The specific requirements for written notice also vary by state. For instance, in Texas, the written notice must include specific language in both English and Spanish, with block letters at least one inch in height, and be displayed in a conspicuous manner.

It is important to note that the decision to post a sign prohibiting guns on private business premises can have legal implications. For example, in Wisconsin, if a business owner posts a "no firearms" sign and an incident occurs where a gun is discharged, the business owner can be found negligent for failing to monitor customers and clients for firearms. On the other hand, if a business owner allows guns on the premises and an incident occurs, they may be granted immunity.

Overall, the laws and regulations regarding open carry and private businesses can be complex and vary depending on the state. Business owners should educate themselves on the specific laws and regulations applicable to their state and seek legal advice when necessary.

Open carry and law enforcement

Open carry laws in the United States refer to the practice of visibly carrying a firearm in public places, as opposed to concealed carry, where firearms are hidden from casual observation. The definition of open carry varies from state to state, with some states requiring the weapon to be "fully visible" to be considered as carried openly, while others specify that it need only be "partially visible".

Open carry laws can pose challenges for law enforcement officers, who may struggle to distinguish between legal open carry and credible threats to public safety. This was evident in the July 2016 shooting of police officers in Dallas, where law enforcement had difficulty identifying the gunman among those legally carrying guns openly. Similarly, in October 2015, a Colorado woman reported a man with a long black rifle outside her home, but officers did not respond immediately because open carry is legal in the state. The man later shot and killed three people.

The presence of openly carried firearms may also increase the risk of violence and alter people's behaviour, making them more aggressive and violent. This can be especially true in situations where tensions are already high, such as protests or political rallies. In 2017, a group of white supremacists protesting the removal of a statue of Robert E. Lee in Charlottesville, Virginia, openly carried military-style rifles to intimidate others and suppress their Constitutional rights.

While the Second Amendment guarantees the right to bear arms, open carry laws can complicate the work of law enforcement and endanger both officers and the public. As such, law enforcement officers must be trained to recognise the signs of a potential threat and respond appropriately, even in states where open carry is legal.

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