Rockwall Police Chief addresses Open Carry gun law at Chamber breakfast

(ROCKWALL, TX – Feb. 4, 2016) The Rockwall Area Chamber of Commerce welcomed Rockwall Police Chief Kirk Riggs to speak on the new Open Carry gun law during the Chamber’s quarterly partnership breakfast meeting this morning at Saltgrass Steak House in Rockwall.

As of January 1, 2016, concealed handgun licenses become carry licenses and with a valid concealed license issued before that date will still be allowed to openly carry or conceal a handgun in public. Anyone who receives a license after Jan. 1 will get a Carry license that will allow them to openly carry or conceal a handgun.

A license holder may generally carry a concealed handgun or openly carry a handgun in a belt or shoulder holster anywhere, provided the holder keeps the gun concealed or in the holster and is not intoxicated. A license holder may not carry in a place prohibited by law or on private property when notice is given. Other places a license holder cannot carry include:

Premises of a polling place on the day of an election or while early voting is still in progress
Premises of any government court or offices utilized by the court
Into a secured area of an airport
On the physical premises of a school
On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place

Riggs pointed out that the law does not specifically prohibit license holders from carrying a loaded handgun, and that a license holder may carry a handgun in a holster or concealed as he sees fit, whether that’s loaded or unloaded, with the safety on or off, or however the individual is comfortable carrying.

“Another thing about the law which I think is interesting is if you decide you want to have two six shooters on your hip like in the old western days, it doesn’t say how many guns you can carry,” he said.

To legally prohibit guns from being openly carried inside your place of business or property, signage must be posted which includes the following exact language in both English and Spanish as specified by the law: ‘Pursuant to section 30.07, penal code (trespass by license holder with an openly carried handgun), a person licensed under subchapter H, chapter 411, government code (handgun licensing law), may not enter this property with a handgun that is carried openly.’

This signage prohibits handguns from being openly carried, but still allows concealed handguns inside the establishment.

“If you’re a business and decide not to post a sign, you still have the authority to ask someone who is openly carrying a handgun to conceal it or leave the establishment,” Riggs said.

For an establishment which is licensed to sell alcohol for on-premises consumption, has alcohol sales which make up more than half of its gross receipts (known as the 51 percent rule), and has the legally required 51 percent signage posted, no one can legally carry a handgun openly or concealed inside that establishment. However, Mayor Jim Pruitt said that the City of Rockwall does not allow establishments serving more alcohol than food within the city.

“You’re not going to be going into a place which sells over 51 percent alcohol, because we don’t allow those types of establishments in the City of Rockwall,” Pruitt said.

For employers concerned with employees openly carrying or having a concealed handgun on their business property, Riggs added that business owners are allowed to write a policy prohibiting employees from carrying guns on business property, regardless if they have a carry license.

“As a business owner, you do have the authority to have a policy, for your employees only, which doesn’t allow them to openly carry or have a concealed handgun on your business property,” Riggs said.

Response to 9-1-1 calls concerning Open Carry was another key area Riggs said the department has been discussing and training over since the passing of the new gun law. Generally, the responding officer will always use caution and work to prevent injury to himself or the individual in question, and will usually ask to see the individual’s carry license (or license number if the individual does not have it on their person). If the individual refuses to show his license, he may be charged with Unlawful Carrying of a Weapon.

“We met with the D.A. and some of the other chiefs and are in agreement that that’s what we’ll do in Rockwall,” Riggs said. “If they don’t comply, which we hope they will, we could go ahead and make the arrest for Unlawful Carrying.”

If emergency operators receive a call about a person who’s intoxicated and openly carrying a handgun, Riggs said officers responding to that call will first determine the individual’s level of intoxication before deciding the appropriate course of action.

“That’s still going to be left up to the responding officer once he gets out there to determine whether the individual is intoxicated,” Riggs said. “Now obviously intoxication can occur in many forms, whether it’s cannabis or a few pills, but that’s something that the responding officer will need to determine before he takes action.”

CARGO (Citizens Association for Responsible Gun Ownership) held a special presentation earlier in January at The Center in Rockwall during which it welcomed Rockwall Assistant Police Chief Kirk Aldridge and Lieutenant Joseph Florance, who provided those in attendance with an overview of the Open Carry law. Riggs credited the presentation for helping to bring more awareness on the new gun law and educating residents on how to be a responsible carry license holder.

“They did an awesome job presenting that and getting it out to the public,” he said. “We’re educating the public, and that’s what we’re going to continue to do is to help everyone understand what they can and can’t do.”

For questions regarding the Open Carry law, contact Chief Riggs at kriggs@rockwall.com or 972- 772-6454, or Rockwall Assistant Police Chief Kirk Aldridge at 972-772-6455 or kaldridge@rockwall.com.

Story and photo by Austin Wells, Blue Ribbon News staff writer.

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