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Constitutional Carry and reciprocal agreements

3,597 Views | 32 Replies | Last: 4 yr ago by tlfw378
AggiePops
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Question for anyone who is knowledgeable enough about both the details of the Constitutional Carry bill that Abbott is likely to sign soon and our current reciprocal agreements with other states.

It's been nice traveling to and or through other states that have a reciprocal agreement with Texas as to carry licenses, knowing the long arm of the law won't have a problem with me having a firearm or two with me - in particular, loaded ones. If you're simply passing through, most states are okay with you having one in your vehicle even without a LTC as long as its unloaded and not easily accessible, but the LTC provides more legal options.

So - once my current LTC license expires, presumably there will be no renewal process as we won't need one within the State. I find it unlikely that the current reciprocal states will 'honor' the new bill and let any Texan carry loaded firearms in their states, much less concealed ones. I'm thinking that the legislature might have forgotten about this particular aspect when drafting and voting on the bill, though I obviously don't know that for sure and am hoping there's something in there that will handle it.

Anyone know how this will work?

AgBQ-00
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The LTC process is still available to those who want to get or maintain an LTC. It is kept for those very reasons, ease of firearm purchase, reciprocity with other states etc. None of that changes. All this bill does is make it legal for those who are able to purchase and keep a firearm, to carry that firearm on their person. Background checks during weapon purchase are still done. Enhanced penalties for those carrying unlawfully will go into effect. But it is a win for those who want to carry and are able to legally do so without going through the LTC process.
DeWrecking Crew
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No one knows for sure because other states have yet to comment, but IMO there is a 95% chance you will still need LTC for reciprocity.
Lance in Round Mountain
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AgBQ-00 said:

The LTC process is still available to those who want to get or maintain an LTC. It is kept for those very reasons, ease of firearm purchase, reciprocity with other states etc. None of that changes. All this bill does is make it legal for those who are able to purchase and keep a firearm, to carry that firearm on their person. Background checks during weapon purchase are still done. Enhanced penalties for those carrying unlawfully will go into effect. But it is a win for those who want to carry and are able to legally do so without going through the LTC process.
Thanks for your explanation & insight. My LTC permit expires in Nov. Sounds like it's best to renew my LTC despite the new law.
txags92
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Lance in Round Mountain said:

AgBQ-00 said:

The LTC process is still available to those who want to get or maintain an LTC. It is kept for those very reasons, ease of firearm purchase, reciprocity with other states etc. None of that changes. All this bill does is make it legal for those who are able to purchase and keep a firearm, to carry that firearm on their person. Background checks during weapon purchase are still done. Enhanced penalties for those carrying unlawfully will go into effect. But it is a win for those who want to carry and are able to legally do so without going through the LTC process.
Thanks for your explanation & insight. My LTC permit expires in Nov. Sounds like it's best to renew my LTC despite the new law.
Renewal is so easy now, there is no reason not to unless you have been out committing felonies.
jwright4288
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LTC is definitely still going to be worth having for traveling and for no background check when buying.

If you someone doesn't currently have a LTC and doesn't carry when traveling (which is surprisingly common) then it's likely not worth it. Though even then, no background check makes buying guns so smooth that it's still worth it to me
4
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Half the other states are constitutional carry, too.

So unless it's weird like North Dakota's, where it's constitutional carry only for North Dakota residents, you should be fine in those States as well without a license.
DiskoTroop
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I'm curious how 30.06/07 might be applied to those without a license.
txyaloo
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phideaux_2003 said:

I'm curious how 30.06/07 might be applied to those without a license.
It won't. Those only apply to licensed carry. Businesses have to post 30.05 to ban unlicensed carry.

Might create an interesting situation for someone with an LTC going into a business with 06/07 signs but no 05 sign.
DiskoTroop
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.05 huh? Ok so now there's a third huge ass sign business have to post to keep guns out. Interesting.

ETA - that looks like general trespassing code.
AnScAggie
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I still plan to keep my LTC active after September 1st.
txyaloo
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phideaux_2003 said:

.05 huh? Ok so now there's a third huge ass sign business have to post to keep guns out. Interesting.

ETA - that looks like general trespassing code.
30.05 has been changed in the new law. The new signage requirement to ban unlicensed carry is below. Has to be in english/spanish, at all entrances, conspicuously placed in contrasting colors.

Quote:

(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30. 05, Penal Code (criminal trespass), a person may not enter this property with a firearm"
DeWrecking Crew
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4 said:

Half the other states are constitutional carry, too.

So unless it's weird like North Dakota's, where it's constitutional carry only for North Dakota residents, you should be fine in those States as well without a license.


That's too logical...in reality, unless Texas restrictions are the exact same as the restrictions in the other states you'll most likely see that LTC is needed, at least in the near term, perhaps in a few years that'll get worked out
Picard
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Keep your LTC renewed. There's no telling how a future government may be able to screw you over if you don't.
4
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DeWrecking Crew said:

4 said:

Half the other states are constitutional carry, too.

So unless it's weird like North Dakota's, where it's constitutional carry only for North Dakota residents, you should be fine in those States as well without a license.


That's too logical...in reality, unless Texas restrictions are the exact same as the restrictions in the other states you'll most likely see that LTC is needed, at least in the near term, perhaps in a few years that'll get worked out


Oklahoma:

Licenses are not available for non-residents. In terms of reciprocity, Oklahoma recognizes permits issued by all other states. In addition, residents of other permitless carry states can carry in the state.
4
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Rules for all open carry or constitutional carry states:

In open carry states, a person can legally carry their firearm in a holster or attached to a sling so that it is in the open and easily accessible.

In these states, any person of legal age and is not otherwise prohibited from carrying a firearm can do so without a permit. In North Dakota, permitless carry is only allowed for residents. All non-residents must have a permit to carry a concealed handgun. Concealed and open carry do not require a permit for any of the states mentioned above except North Dakota and some localities in Missouri.

DiskoTroop
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as a facility manager I have to think about this stuff...

I wonder if removing our current 06 and 07 postings and simply posting 05 covers any and all carry of firearms. Would 05 apply to both licensed and unlicensed carry?
txyaloo
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phideaux_2003 said:

as a facility manager I have to think about this stuff...

I wonder if removing our current 06 and 07 postings and simply posting 05 covers any and all carry of firearms. Would 05 apply to both licensed and unlicensed carry?
No - 05 only applies to unlicensed. There's a defense to prosecution if an LTC carries past an 05 sign. You'll have to post all 3 to ban all legal guns.
DiskoTroop
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Interesting. That would make Texas gun signage larger than our company signage at our entrances...
txags92
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phideaux_2003 said:

Interesting. That would make Texas gun signage larger than our company signage at our entrances...
The signs have to be large to make sure that people who are planning to commit felonies like murder and robbery know that they can't bring their gun in without being charged with a misdemeanor. I am sure it is a major deterrent for potential criminals.
DiskoTroop
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txags92 said:

phideaux_2003 said:

Interesting. That would make Texas gun signage larger than our company signage at our entrances...
The signs have to be large to make sure that people who are planning to commit felonies like murder and robbery know that they can't bring their gun in without being charged with a misdemeanor. I am sure it is a major deterrent for potential criminals.
Oh certainly.
txags92
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phideaux_2003 said:

txags92 said:

phideaux_2003 said:

Interesting. That would make Texas gun signage larger than our company signage at our entrances...
The signs have to be large to make sure that people who are planning to commit felonies like murder and robbery know that they can't bring their gun in without being charged with a misdemeanor. I am sure it is a major deterrent for potential criminals.
Oh certainly.
I had a manager send out an email to several of us right after open carry was signed into law asking him if we needed to put signs on the entry doors into our office. I replied to him that the office building already had signs on the entry doors telling anybody who wanted to commit murder that they were not allowed to bring a gun in the building, so we should be safe. I am not sure his sarcasm detector was operating properly that day...
DiskoTroop
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I've initiated a conversation with our legal dept and our North America VP of security on this. (I'm the security subject matter expert for the facilities department so they know me well and this is part of my job, so it's not just some jerk deciding to email Execs.)

Any how, we're having a conversation now. Despite the VP agreeing with the principle that the signs are useless, no matter what, a lack of posting would be viewed as condoning carry on site by legal.

It's gonna happen.
txags92
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phideaux_2003 said:

I've initiated a conversation with our legal dept and our North America VP of security on this. (I'm the security subject matter expert for the facilities department so they know me well and this is part of my job, so it's not just some jerk deciding to email Execs.)

Any how, we're having a conversation now. Despite the VP agreeing with the principle that the signs are useless, no matter what, a lack of posting would be viewed as condoning carry on site by legal.

It's gonna happen.
Yeah, I was the office safety rep at that time, and we would have been forced by corporate to put up signs if the building hadn't already had one.
DeWrecking Crew
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4 said:

Rules for all open carry or constitutional carry states:

In open carry states, a person can legally carry their firearm in a holster or attached to a sling so that it is in the open and easily accessible.

In these states, any person of legal age and is not otherwise prohibited from carrying a firearm can do so without a permit. In North Dakota, permitless carry is only allowed for residents. All non-residents must have a permit to carry a concealed handgun. Concealed and open carry do not require a permit for any of the states mentioned above except North Dakota and some localities in Missouri.




Ok, so Texas you can constitutional carry concealed, constitutional carrying in other states requires it not be concealed sans North Dakota
JSKolache
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phideaux_2003 said:

as a facility manager I have to think about this stuff...

I wonder if removing our current 06 and 07 postings and simply posting 05 covers any and all carry of firearms. Would 05 apply to both licensed and unlicensed carry?
Or you could remove all signs, cuz Freedom
DatTallArchitect
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DeWrecking Crew said:

4 said:

Rules for all open carry or constitutional carry states:

In open carry states, a person can legally carry their firearm in a holster or attached to a sling so that it is in the open and easily accessible.

In these states, any person of legal age and is not otherwise prohibited from carrying a firearm can do so without a permit. In North Dakota, permitless carry is only allowed for residents. All non-residents must have a permit to carry a concealed handgun. Concealed and open carry do not require a permit for any of the states mentioned above except North Dakota and some localities in Missouri.




Ok, so Texas you can constitutional carry concealed, constitutional carrying in other states requires it not be concealed sans North Dakota
No, you can conceal carry in all constitutional carry states w/o a CCL/LTC accept for in ND and parts of MO (once constitutional carry is put into affect in Texas). Some states, like Oklahoma, require you to be from a state with Constitutional Carry in order to conceal carry without a license. My guess is that those states are trying to put pressure on other states to pass Constitutional Carry.
eric76
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AggiePops said:

Question for anyone who is knowledgeable enough about both the details of the Constitutional Carry bill that Abbott is likely to sign soon and our current reciprocal agreements with other states.

It's been nice traveling to and or through other states that have a reciprocal agreement with Texas as to carry licenses, knowing the long arm of the law won't have a problem with me having a firearm or two with me - in particular, loaded ones. If you're simply passing through, most states are okay with you having one in your vehicle even without a LTC as long as its unloaded and not easily accessible, but the LTC provides more legal options.

So - once my current LTC license expires, presumably there will be no renewal process as we won't need one within the State. I find it unlikely that the current reciprocal states will 'honor' the new bill and let any Texan carry loaded firearms in their states, much less concealed ones. I'm thinking that the legislature might have forgotten about this particular aspect when drafting and voting on the bill, though I obviously don't know that for sure and am hoping there's something in there that will handle it.

Anyone know how this will work?
As I understand it, there will be more restrictions on where an individual can carry without a permit than where he can carry with a permit.

Here is an interesting video on one officer's view of permits: it is a backdoor registration in that when you register, you tell the government that you have and carry firearms.

eric76
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DeWrecking Crew said:

4 said:

Rules for all open carry or constitutional carry states:

In open carry states, a person can legally carry their firearm in a holster or attached to a sling so that it is in the open and easily accessible.

In these states, any person of legal age and is not otherwise prohibited from carrying a firearm can do so without a permit. In North Dakota, permitless carry is only allowed for residents. All non-residents must have a permit to carry a concealed handgun. Concealed and open carry do not require a permit for any of the states mentioned above except North Dakota and some localities in Missouri.




Ok, so Texas you can constitutional carry concealed, constitutional carrying in other states requires it not be concealed sans North Dakota
I suspect that the real trick is keeping track of which state has which laws.
tlfw378
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I've seen that video and I have to respectfully disagree with the premise that the government will automatically take you off the gun owner list simply because you no longer have your LTC permit. Way more negatives then positives for not renewing. YMMV.
eric76
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tlfw378 said:

I've seen that video and I have to respectfully disagree with the premise that the government will automatically take you off the gun owner list simply because you no longer have your LTC permit. Way more negatives then positives for not renewing. YMMV.
I didn't get the impression that he thinks that they'll take you off the "list" if you no longer have your permit.
DiskoTroop
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JSKolache said:

phideaux_2003 said:

as a facility manager I have to think about this stuff...

I wonder if removing our current 06 and 07 postings and simply posting 05 covers any and all carry of firearms. Would 05 apply to both licensed and unlicensed carry?
Or you could remove all signs, cuz Freedom
I do what the company says. It's not my building. I go home at 5pm.
techno-ag
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If concealed properly, no one will notice. Sign or no sign.
Trump will fix it.
tlfw378
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eric76 said:

tlfw378 said:

I've seen that video and I have to respectfully disagree with the premise that the government will automatically take you off the gun owner list simply because you no longer have your LTC permit. Way more negatives then positives for not renewing. YMMV.
I didn't get the impression that he thinks that they'll take you off the "list" if you no longer have your permit.


That was his entire reasoning for not renewing. He didn't want to be on the government gun owner list. My premise is it is too late for that.
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