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Texas it's legal to 'praise the Lord and pass the ammunition' while in church

In Texas it's legal to 'praise the Lord and pass the ammunition' while in church
The Lone Star State enacts Open Carry Gun law on New Year's Day

COMMENTARY

By Mary Ann Mueller
VOL Special Correspondent
www.virtueonline.org
January 5, 2016

At the stroke of midnight throughout Texas, 2016 was rung in as fireworks lit up the darkened sky. The sound of fire crackers filled the air while at the same time a new law was enacted allowing for specially permitted Texans to openly carry firearms in some public places, including -- in certain circumstances -- churches.

Article I, Section 23 of the Texas Constitution states: "Every citizen shall have the rightto keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime."

This new law, in keeping with the spirit of the state's constitution, allows for gun owners who have validly-issued open carry handgun permits to openly carry their securely holstered handguns on their person in public with certain prohibitions. Places where guns are automatically verboten include: federal buildings, schools, public sporting events, governmental meetings, businesses which derive 51% of their income from liquor for on-premises consumption, correctional facilities, the courts, hospitals, amusement parks, election polling places, racetracks and ... places of worship.

The interesting quirk is that 2015 Texas House Bill 910 -- which passed the Texas House 102-42 and the Texas Senate Abbott 20-11 vote to become law -- reads that a person is not permitted to openly carry a gun "on the premises of a church, synagogue, or other established place of religious worship."

However, that firmly-established law is ineffective unless the house of worship visibly posts a sign at each entrance prohibiting the open carrying of guns. The warning, referred to as "30.07 Signage" must state in English and Spanish: "Pursuant to section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly."

Texas Impact, an interfaith center for public policy, interprets the law to mean that "...houses of worship cannot prevent open or concealed carry on portions of their properties that are not buildings -- such as parking lots, playgrounds, or sidewalks. Religious organizations wishing to regulate firearms in their buildings are now required to post new signs at all public entrances to their buildings."

The same goes for liquor establishments. Bars, taverns, night clubs, pubs and saloons must also have a prominently displayed sign to show that at least 51% its revenue comes from the sale of alcoholic beverages. If the required "51% Sign" is not in place, the watering hole is not in compliance with the law protecting it from gun-toting patrons.

Texas is not the only state with an open carry gun law in place. In fact, on December 31, 2015 Texas was one of only six states and the District of Columbia which prohibited their citizens from openly carrying small handheld firearms in public places. The other states include: California, Florida, Illinois, New York, and South Carolina. Texas, New York and South Carolina already allowed "long guns" (rifles and shotguns) to be openly carried but not handguns; however, California, Illinois, Florida and the District of Columbia forbid the open carrying of any type of firearm, including long guns, handguns, and automatics.

History shows that Texas' first attempt at gun control came into play in 1866 as a way to keep guns out of the hands of the newly-freed Negro slaves. That post Civil War law meant that a gun could not be brought onto a plantation without the landowner's permission. At that time many freed slaves were becoming sharecroppers for their former masters on their former plantations.

The Texas prohibition on openly carrying handguns goes back to the Reconstruction Era and a Republican legislature when an 1871 law was first enacted to prohibit any person from carrying on or about his person, saddle, or in his saddle bags, any pistol, etc. However, that law was very selective. If the person was travelling, came from a "frontier county" or had to protect themselves from Indians, they were exempt from the new Texas law. The open carrying of long guns -- rifles and shotguns -- was not prohibited, and Texans have been openly carrying long guns in public ever since.

The 1871 legislation was initially designed to keep guns out of the hands of Confederate sympathizers who disagreed with the freeing of the slaves. Edmund Davis was the Republican governor at the time. He had been a brigadier general in the Union Army during the Civil War and commanded the First Texas Cavalry Regiment.

Once the Southern Democrats came into into power in 1874, the law remained on the books -- this time to keep guns out of the hands of Blacks so that the former slaves would not shoot at the Ku Klux Klansmen who were terrorizing them.

Texas is now one of 15 states that allow the carrying of hand guns but with a state-issued permit. Other states include: Connecticut, Georgia, Hawaii, Indiana, Iowa, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, Oklahoma, Rhode Island, Tennessee, and Utah. Georgia's sweeping open carry law was enacted July 1, 2014, and both Episcopal and Catholic bishops were against it. Episcopal Bishop Robert Wright (X Atlanta) pleaded with his people: "Don't bring guns into the house of God."

To get the new Texas open carry gun permit, a person must be over 21, not be a convicted felon, be fingerprinted, have a background check and training by a qualified hand gun instructor, and practice on the shooting range.

Thirty other states allow the open carrying of handguns without a permit: Idaho, Montana, Wyoming, Arizona, Nevada, New Mexico, Vermont, South Dakota, Virginia, Kentucky, Washington, Oregon, Michigan, Delaware, Colorado, Alaska, North Dakota, Maine, Nebraska, Missouri, Kansas, Arkansas, Louisiana, Mississippi, Alabama, Wisconsin, North Carolina, Ohio, West Virginia, and New Hampshire.

As of New Year's Day 2016, 45 states have some sort of open carry gun law on the books, and only five states remain that prohibit the open carrying of handguns -- California, Florida, Illinois, New York, and South Carolina.

However, some of open carry states may have certain restrictions attached to the privilege. For instance, some Alaska and Pennsylvania communities have local ordinances in place banning open carrying of hand guns; Alabama allows open carry to take place on public but not private property; Utah requires the handgun to be unloaded, and North Dakota allows open carry only during daylight hours.

Last spring, once the Republican-sponsored Texas House Bill 910 was signed into law by Republican Gov. Greg Abbot, the concern was what to do about bringing openly carried guns into churches. The carrying of concealed guns with a permit has been the law for 20 years.

Before the new law was enacted, the Episcopal Diocese of Texas and the ACNA Diocese of Fort Worth both issued statements concerning handguns in their churches.

The Houston-based Diocese of Texas gun policy states: "The Episcopal Diocese of Texas does not permit any person, including clergy, staff, students, volunteers, and visitors, to carry a weapon in our churches or schools. This prohibition applies even if the person is licensed to carry a concealed weapon under Texas law."

"Beginning January 1, 2016, it will be legal in Texas for licensed individuals to carry concealed or unconcealed handguns. Businesses, churches, and other entities have several options, including banning all handguns (including concealed weapons), or simply allowing open or concealed carriage. The diocesan policy will follow a middle path, banning 'open carry' handguns on our properties," the ACNA Diocese of Fort Worth Risk Management Committee explains. "This decision will mean that no one is permitted to bring an unconcealed handgun into the church, offices, classrooms, etc., at any time, including Sunday worship or weekday activities. Ushers and staff will need to be made aware of the signs and the diocesan policy."

The ACNA Diocese of Texas Risk Management Committee is careful to point out that each congregation must display the 30.07 sign to ensure that openly carried guns are kept out of their church.

Meanwhile, The Episcopal Church's Diocese of Fort Worth has taken the matter under advisement. Provisional Bishop Scott Mayer introduced two resolutions to be considered at the 2016 Diocesan Convention concerning the new Texas open carry gun law. One resolution calls for every congregation in the diocese to have a congregation-wide conversation on the issue of weapons in church and in church-owned and controlled property. The second resolution calls for the diocese to help underwrite the cost of the 30.07 signs for those congregations seeking financial support to become compliant with diocesan resources coming from New Ministry Development Opportunities fund.

"We as Christians are called upon to pray for a just and peaceful ordering of our society. These conversations about how we might live out our baptismal vow to 'seek and serve Christ in all persons, loving your neighbor as yourself' and 'to strive for justice and peace among all people, and respect the dignity of every human being' will help each congregation discern how best to proceed," the bishop explains. "These reports will be used to guide us all as we move forward under this new reality."

Last year Bishop Mayer was one of the bishops who took part in the Bishops United Against Gun Violence march at the 2015 General Convention in Salt Lake City. Its purpose was to "urge people of faith to seek common ground in efforts to curtail gun violence."

"Note that goal: reducing gun violence. This is a goal people of faith can share, no matter where they stand on issues of gun regulation," Bishop Mayers noted in an October 2015 statement responding to the Umpque Community College shooting in Roseburg, Oregon. "[Texas] is a state of many gun owners, the vast majority of whom are responsible people who take sensible precautions with their weapons, whether using them to hunt or for personal security. And yet, the rate of gun violence in our nation is vastly higher than that of any other nation in the world. Why is that? It's a question Christians are called to contemplate."

Bishop Mayer is also the bishop of the Lubbock-based Episcopal Diocese of Northwest Texas. However, that diocesan website makes no mention of the new open carry gun law.

Meanwhile, Bishop Mayer's Catholic counterpart Bishop Placido Rodriguez, the Roman Catholic Bishop of Lubbock, forbids guns on Catholic church property.

"The Diocese of Lubbock intends to prohibit the possession of any weapon at any facility owned, leased or operated by the Diocese of Lubbock," Bishop Placido Rodriquez writes. "Presently, the Diocese of Lubbock with its 136,894 self-identified Catholics, in its 63 Catholic churches, two schools and two retreat centers, are fully aware of the sanctity of these sacred spaces and meetings that it is a privileged and safe place."

Roman Catholic Bishop Kevin Farrell of the Catholic Diocese of Dallas is putting the kibosh on guns in his churches, but there is no mention of the new gun law on the Episcopal Diocese of Dallas website.

"Bishop Farrell, along with the Catholic bishops around the country, have made the decision that our churches are houses of worship. They believe that there is not a place in our churches for guns or weapons," said a Catholic Diocese of Dallas spokesperson stating that Catholic Diocese will post the 30.07 signs stating that openly carrying firearms is prohibited at its 75 churches.

"I respect and support the right that we have as Texans to defend ourselves and our families. As Catholics, we believe the legitimate defense of persons can be not only a right, but also a grave duty," explained Bishop Joseph Strickland of the Catholic Diocese of Tyler. "In the Diocese of Tyler, I strongly encourage those who choose to exercise this right to continue to do so in a prudent and responsible manner. With respect to our communal worship, I believe that openly carrying a weapon is not appropriate during the Sacred Liturgy and may understandably cause great discomfort to some gathered to worship alongside us."

Continuing, he writes: "Accordingly, as Bishop, I ask the faithful of the Diocese of Tyler and guests of our churches to observe my instruction that weapons are not to be openly carried during Holy Mass or other times of public worship ... As Texans adjust to this new law, I would also encourage the clergy and faithful of the Diocese to address any questions that may arise with calmness, kindness and respect, taking into consideration both the legitimate feelings and the rights of all involved."

The bishop requested that his statement be read in all the churches or inserted in the weekly bulletin.

The Episcopal dioceses in Texas which are impacted by the new gun carrying law include: the Diocese of Texas (Bishop Andrew Doyle); the Diocese of Fort Worth and the Diocese of Northwest Texas (Bishop Scott Mayer); the Diocese of West Texas (Bishop Gary Lillibridge); the Diocese of Dallas (Bishop George Sumner); and the Diocese of the Rio Grande (Bishop Michael Vono). So far only the Episcopal dioceses of Texas and Fort Worth have made any statements. The other dioceses are still silent as the new year and new reality get underway.

ACNA has more than 100 congregations in a variety of overlapping dioceses spanning the Lone Star State which are also impacted by the new Texas open carry gun law. The various Texas-based dioceses include: CANA West, El Paso, Bishop Felix Orji; Mid America Diocese (Reformed Episcopal Church), Katy, Bishop Royal Grote; ACNA International Diocese, Frisco, Bishop Bill Atwood; the ACNA Diocese of the Western Gulf Coast, The Woodlands, Bishop Clark Lowenfield; and the ACNA Diocese of Fort Worth, Bishop Jack Iker. Also out-of-state based dioceses with Texas congregations include: ACNA Anglican Diocese of the Southwest, Albuquerque, NM, Bishop Mark Zimmerman; and the Diocese of the West (Reformed Episcopal Church) Columbus, NM, Bishop Winfield Mott.

Mary Ann Mueller is a journalist living in Texas. She is a regular contributor to VIRTUEONLINE.

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