New gun laws which took effect earlier this year in Texas

New gun laws which took effect earlier this year in Texas - referred to a "constitutional carry" have been in effect for just over three months, but the rules can be confusing, even for law enforcement officers.

Cody Lee, criminal investigations lieutenant for the Gatesville Police Department, recently spoke to the Exchange Club and offered an overview of the law.

Signed by Gov. Greg Abbott, the Firearm Carry Act of 2021 allows legally eligible gun owners (those who have not been convicted of certain crimes or who don't have other disqualifying limitations) over age 21 to legally carry a gun in Texas without a license.

However, those carrying the firearm are required to have it secured in a holster or they can be convicted of a misdemeanor. It is also a criminal offense for someone to intentionally display a handgun to someone else in a public place, or to be in possession of the firearm if one is legally intoxicated and not on their own property.

There are also several places where people are not legally entitled to carry a handgun, including schools (or within 1,000 feet of a school), public buildings where meetings are taking place, and other venues such as sporting events, amusement parks, establishments which make 51 percent or more of their revenue from the sale of alcohol, racetracks, election sites, secure areas of an airport or hospitals.

Private businesses and entities, such as stores or churches, may also post signs prohibiting carrying firearms on their property.

A more detailed list of the sites where firearms are prohibited can be found by doing an internet search on Texas gun laws.

Asked if the new law has resulted in any difficulties locally, Lee said, "I haven't run into it this year. I'll call our county attorney and district attorney for their views on the law if there is a question."

When he was a young law enforcement officer, Lee said he had a lot of respect for game wardens because almost everyone they encountered out in the field was in possession of a firearm.

"I didn't have to worry about that as a young officer," Lee said. "Ninety percent of the people I encountered back then did not have a gun. Now, you have to consider that every (adult) person you come in contact with may have a gun."

GPD Patrol Lt. Georg Cleverley  said she is concerned that someone who thinks they are doing the right thing at a crime scene by using their gun may in fact end up making a bad situation even more dangerous.

"What makes me nervous are people without any training or a license that may be carrying a gun," she said, adding that someone with good intentions may attempt to use their weapon, thinking they are doing the right thing but may end up getting hurt or unintentionally hurt someone else.

Lee said he receives regular reports on gun sales, and since the new law took effect, those sales have increased significantly.

"I used to get two or three (of the reports) a month, and now I'm getting two or three a day," he said. "Gun sales are very high right now."

Among those prohibited from carrying firearms are those convicted of assault and those with a court mandated restraining order against them.

Signs which may be displayed at businesses regulating the carrying of firearms include 30.06, which prohibits a concealed firearm, 30.7 in which open carry is permitted but concealed firearms are not, and 30.05 which prohibits firearms from being carried by those who are unlicensed.

But there are many places in which members of the public are prohibited from carrying firearms whether they are licensed or not.

"Government buildings are different from anything else," said GPD Chief Nathan Gohlke. "(Firearms) are prohibited in many areas of those buildings and cannot be carried where a city council or county commissioners  meeting is being held.

"Churches can choose whether to limit the carrying of firearms, and businesses can decide to do different things."

Lee noted that with constitutional carry, the law only applies to Texas.

"If a gun owner is permitted, just about all the other states will recognize a permit (issued in Texas). But constitutional carry is only recognized (for Texans who are in Texas, and not visiting other states)."

There are multiple laws which apply to carrying firearms, which can add to the confusion.

"You can run into situations where four or five different laws apply, and it's like a multiple choice test where all the answers are right, you just have to decide which is best."

Gohlke added that the constitutional carry law is specifically oriented to handguns, and that other laws pertain to shotguns and rifles.

He was asked what someone should do if they are at a crime scene and have a gun when police arrive.

"Put the gun down and raise your hands high in the air," Gohlke said.