Texas law now allows permitless carry of handguns, but gun owners still screened at state Capitol
AUSTIN – Texans may no longer need a license and associated background checking to package their pistols in public, but gun owners can still expect law enforcement scrutiny before entering the state capitol.
The inspection of unlicensed gun carriers is part of a policy that was tacitly implemented on September 1, the day the law came into effect. Anyone carrying without a permit must check in at the west entrance of the Capitol, “where they will be properly screened by state troopers,” the Texas Department of Public Security told the Dallas Morning News.
Gun instructor Michael Cargill entered the west entrance of the building on Tuesday. When he informed the soldiers that he was carrying without a permit, Cargill said he had been asked to provide identification. A soldier then called and gave Cargill’s license number.
About three minutes later, Cargill was let in.
Cargill immediately told The News that the soldier was doing a “criminal history check” to see if Cargill was allowed to wear without permission under the new law.
“What [state officials] saying and doing are two different things, ”said Cargill, who owns Central Texas Gun Works. “They think they have to check people out before they go into this building with a gun.”
It is unclear whether similar research is being conducted in other Austin state government buildings. DPS did not respond to requests for comment on the review process or explain the reasons for it.
The new law does not require companies to allow visitors and customers to travel without a permit. The law also does not prohibit state officials from denying entry to those who carry a gun without a license, said attorney Richard Hayes, whose Houston firm created a guide to the new law for gun owners.
Gyl Switzer, executive director of Texas Gun Sense, said the review policy appears to offer state decision-makers in the Capitol a higher level of protection than other government buildings.
“In other places with license-free carry, we have no idea if people had a background check and if they are wearing legal,” Switzer said. “There are valid questions why you and I don’t have the same protection on the street, out in public, and we would support that protection because it is dangerous to wear it unauthorized.”
Governor Greg Abbott’s office did not respond to requests for comment.
In the regular term that ended in May, state lawmakers passed and Abbott signed a bill that abolished the requirement of acquiring a handgun license for individuals who do not state or federal laws prohibit possession of a weapon .
New signs popped up around the Capitol last week directing those who want permission-free access to the west entrance of the building. Visitors who do not have a license to wear must go through a metal detector and be checked with a security staff.
Some gun rights advocates are calling for foul.
“All law-abiding gun owners should be treated equally under the law,” said Chris McNutt, executive director of Texas Gun Rights. “The new Capitol policy discriminates against those who cannot afford a license.”
Others are not bothered by the review policy.
“Because DPS is charged with protecting all lawmakers and visitors to the Capitol, they don’t break the letter or the spirit of the law,” said Andi Turner, legislative director of the Texas State Rifle Association.
This is not the first time the Texas Capitol has operated by different rules than other public buildings. During the first wave of COVID-19 last spring, the State Capitol and Governor’s Mansion remained closed to visitors after Abbott ordered the museums to reopen.
The state capitol raises a unique legal issue in that the building hosts open government meetings, a prohibited place under the permissionless carry law, said Hayes, the attorney at Walker & Taylor PLLC.
“There will be a bit of growing pains initially as we figure out how constitutional carriers are treated at the state, county, and township levels,” said Hayes.
The permissive carry law, which supporters refer to as “constitutional carry,” has long been advocated by lawmakers by conservatives and gun rights activists. It has failed to grow in importance in recent years as Democrats and gun security groups struggled to make it easier to carry guns after repeated incidents of gun violence, including two high profile mass shootings in El Paso and Midland-Odessa in 2019.
Other provisions of the Unauthorized Carrying Act include making carrying a firearm while drunk and allowing records to be deleted for anyone convicted of carrying a gun illegally before September 1. It also allows peace officials to disarm a citizen at any time if they believe there is a need to protect that person, officers, or others.
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