Many questions with open carry going into effect Friday

Texas’s new new open carry law is going into effect Friday, Jan. 1.

Police are bracing for what could be an increase in 911 calls about people carrying guns.

Everyone ABC-7 spoke with does expect an increase in emergency calls. The bigger question, however, seems to be whether police can ask to see the license of those carrying guns.

“It’s going to be more of a psychological impact on the community than anything else,” said Sam Morgan, an instructor who owns El Paso Concealed Carry. “I believe there will be a lot of fear. Initially there’s going to be a lot of blurred lines regarding folks calling 911 and seeing people carrying guns.”

In order to be legal come Friday with open carry, those licensed to carry must holster their gun in a hip or belt holster. They cannot holster it by putting it in the front or back of their pants or waistband.

“We don’t have the right to just go out and un-holster our weapons whenever we want,” Morgan said.

Among those issues not as clear is whether law enforcement can ask someone to prove they have a license to carry a gun.

“They cannot unless they have probable cause,” Morgan said. “It’s just like anything else. We have the right to due process and they have to have probable cause for them to even ask for the license.”

But it gets complicated.

Sheriff’s spokesman Robert Flores told ABC-7: “We have to respect everyone’s constitutional rights … But if the only way to mitigate the situation is to ask, then we have right to do so.”

El Paso Police spokesman Enrique Carrillo said: “There is a requirement to display the handgun license along with a driver’s license or ID … A person carrying a holstered firearm in open view, in itself is not illegal and should not be the sole basis for calling the police. However, if their behavior/actions are concerning, then they should call.”

Morgan said he sympathizes with police and the complications of open carry.

“I do feel for the law enforcement in this particular regard because there’s so much that they’re going to have to be on top of,” Morgan said.

Those licensed to carry will be allowed to do so anywhere but schools and at businesses and churches or other places that have a legal sign banning them from the premises.