THE BLOG
12/31/2015 10:04 am ET Updated Dec 31, 2016

Texas Open Carry Law Puts Pro-Gun Arguments to the Test

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Ever since the Supreme Court ruled that the 2nd Amendment gave Americans the Constitutional right to keep a loaded, unlocked handgun in their homes to use for self-defense, the pro-gun nation has been trying to push the notion of armed, self-defense beyond the home and into the street. This strategy has taken two paths; on the one hand promoting concealed-carry licensing, on the other, bringing weapons into gun-free zones. There's nothing but anecdotal evidence supporting the idea that a gun can protect its owner from crime, but there's plenty of serious research which shows the opposite to be true.

The latest effort to widen the scope of armed defense is about to be unveiled in Texas with the law allowing open carry to take effect on January 1st. This law was the brainchild of a former Army Master Sergeant, C.J. Grisham, who parlayed an argument with a cop over how he was openly carrying a gun into a statewide movement which even made him briefly consider a run for the State Legislature until his campaign ran out of dough. Bottom line is that even though an earlier attempt to promote open carry in Texas was condemned by the NRA, those fearless advocates for gun rights in Fairfax, VA, eventually saw the light and lined up behind the bill that Governor Abbott signed into law.

Believe it or not, I'm really happy to see the open carry law go into effect in Texas, because I think the result is going to be exactly the reverse of what the pro-gun nation hopes to achieve. First of all, the law has an opt-out procedure known as 30.07, which allows merchants to post signs at the entrance to their establishments stating that only shoppers who carry their guns concealed will be allowed on the premises after January 1st. And I am frankly astonished at the extent to which major merchandisers in Texas have announced that they will not welcome folks openly carrying guns into their stores.

Take, for example, a company like Simon's, which operates malls and discount outlets in 39 states. They run 35 major shopping destinations in Texas, including such flagship locations as the Gateway in Austin, The Galleria in Houston (which includes the first Webster boutique outside of Florida), and the Shops at Clearfork in Fort Worth. Simon's is opting out of open carry, and so are major food chains, like H-E-B, which has supermarkets in 150 towns, and national chains like Safeway and Whole Foods. Opting out of open carry is also now spreading through the religious community, with the Catholic Diocese in Lubbock, Dallas and other areas posting notices that guns aren't welcome on hallowed ground.

The public discussion over this new law has also given GVP advocates like Moms Demand Action an opportunity to engage store owners and other operators of public venues with their unique message about gun violence, as well as providing 30.07 signage and instructions for opting out of the new law. Anyone who thinks that Shannon Watts and her ladies aren't playing a visible role in promoting 30.07 at the grassroots level will be in for something of a surprise as more signage denying access to open carry continues to appear.

I believe that wearing a gun in a public venue does nothing to promote public safety. And the merchants who have opted out of open carry evidently agree, with most citing concerns about guns endangering rather than protecting their customers, particularly in places where alcohol is served. In that regard I am particularly interested in the fact that Gringo's Mexican Chicken and Jimmy Changas, two of Houston's most popular Tex-Mex restaurant chains, will be going 30.07, because if gun folks like to do anything more than argue about the 2nd Amendment, they love to eat. And when all is said and done, I predict that consuming a burrito will turn out to be more important than wearing a gun.