TX OC and my KY permit?

C

chris in va

New member
Simply put, if I visit family in Texas, could I theoretically open carry there using my KY permit? Both states are reciprocal.
 
Although I'm not an attorney, I'm going with "yes", because the new TX law simply eliminates the word "concealed" as it relates to handgun licenses; IOW the single license gives the bearer the ability to carry either open or concealed at his/her discretion. I don't see how TX law enforcement could possibly treat out-of-state reciprocal handgun licenses differently.

Be aware that
  • OC requires a belt or shoulder holster;
  • OC and CC require separate and distinct no-entry signs prohibiting carry at private businesses [this has been extensively discussed in a separate L&CR thread]; and...
  • There is currently some noise being made about retailers who sell alcoholic beverages for off-premise consumption possibly starting to check open carriers' handgun licenses at the door, due to a provision in the TX Alcoholic Beverage Code that potentially penalizes a retailer who "knowingly allows" someone to carry an unlicensed weapon onto the premises. [This would not apply to restaurants that sell alcohol for on-premise consumption, and "51%" bars and clubs are already off-limits to carry; FWIW compared to the laws in most other states, the TX Alcoholic Beverage Code is downright byzantine, but I digress.]
 
How would a store be knowingly allowing unlicenced carry if they didn't check each oc customer? Does the law require this of store owners? No it doesn't so how could a court prove they knowingly allowed it? I understand some fancy lawyer will screw this up with a successful lawsuit at some point in the future but as I understand it the burden of proof is not, or shoukd not,be ob store owners, but the individual who OC's.
 
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