TX: 87R 2021 Session HB1238 Con Carry

[ELB]

While this is Constitutional Carry bill, it is NOT a companion to Springer's SB540 in the Senate.

As I write this it is authored by Biedermann and White, and 11 "Co-Authors" have signed on, including a couple today.

It's official title (which is different from its "caption") is The Texas Constitutional Carry Act of 2021."

This is my read-thru of the bill, no promises as to accuracy etc. It does appear to be a better bill than SB540.

Here's the link to the bill itself: https://capitol.texas.gov/tlodocs/87R/b ... navpanes=0

It changes the title of PC 46.02 from "Unlawful Carrying Weapons" to "Unlawful Carrying of Certain Age-Restricted Weapons."

It makes all violations of this section a Class C misdemeanor (most are Class A right now), except that violations that occur on a premises licensed or permitted to sell alcohol will remain a 3rd degree felony.

Currently 46.03 contains a long list of places you can't carry a firearm, location-restricted knife, or prohibited weapon listed in 46.05a, with the provision that a person with a LTC can carry a concealed handgun on a college or university campus, transportation, etc. It also contains the provision that allows an LTC who is found to have a handgun at an airport screening point the opportunity to leave and secure the gun elsewhere without being arrested. The bill makes changes that both these provisions apply to a person who is not otherwise prohibited by state or federal law from possessing a firearm.

It adds a new section, 46.032, that essentially says as long as you are not a prohibited person, you are not required to get a license to carry a concealed handgun or a handgun partially or wholly visible in a holster. (Note: it does NOT specify belt or shoulder holster, just "holster.")

46.035, UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER is renamed "UNLAWFUL CARRYING OF HANDGUN."

46.035 is edited to change every reference to "license holder" (and its variations) to simply "person." It also eliminates all references to "belt or shoulder", leaving simply "holster." As I write this section I don't know if the bill entirely eliminates the "belt or shoulder holster" requirement for "open carry," but looks like it so far.

It also changes references to 411.2031 Government Code to 51.992 Education Code. I haven't dived in to figure out what that means.

It moves 46.02(a-1) to 46.035 and renumbers it. That's the section that currently permits carrying a handgun in a vehicle as long as it is not in view and the person is not engaged in a criminal activity (other than a Class C traffic violation) or a gang member, nor a prohibited person.
>>> It also removes the requirement to have the handgun out of plain view, and it removes the gang membership prohibition. Thus as I read it you can carry a handgun in a vehicle in any manner as long as you are not carrying out a criminal activity and you are not a prohibited person by state or federal law.

In current law 46.035f contains a list of definitions, like "amusement park." This bill adds a definition of "intoxication" that points to 49.01 definition, which in the Alcohol and Intoxication Offenses part of the code.

Currently 46.15 is entitled "Nonapplicability" and basically says 46.02 and 46.03 do not apply to a long list of cops and court officers and probation officers and whatnot. The text references "these two sections" several times, referring to 46.02 and 46.03. This bill deletes the reference to 46.02, and throughout replaces the "these two sections" with "none of these sections prohibit". It also adds a "judge or justice of the federal court" who hold licenses to carry to the long list of people whom the sections do not apply.

Maybe Rothstein can take a look at that whole section and tell us if it does something radically different or it's just updated so it conforms to the other changes in the bill. Too tedious for me right now.

Section 507 of the Business and Commerce Code has a provision that says a Concealed Handgun License is a valid form of ID. This bill updates that name to License to Carry, but what's interesting is it deletes the paragraph that states that this has no effect on the GC 411.205 requirement that a driver's license or ID certificate be presented along with a LTC. I haven't read ahead yet, but does that mean that the bill will delete that requirement entirely? Stay tuned.

There are numerous changes to other sections of code that essentially conform the wording to the changes noted above. There is an interesting updated provision that says a school district or open enrollment charter school cannot forbid an employee who is not otherwise a prohibited person from having a handgun or firearm in his vehicle in the parking lot as long as it is out of view. It used to apply only to employees with a LTC.

The Campus Carry Act provisions are moved from the Government Code to the Education Code, and the requirement to have LTC to carry on campus is removed. Wowser. I'll bet there will be some boohooing at the hearings by Art again.

It also provides some immunities to colleges and universities for actions by someone with handgun, with a couple of exceptions for arbitray and capricious acts by univ officials and, I think, bad acts by officials and employees who do something bad with handgun.

The 51% signs for bars (and the non-51% for hospitals) must have language changed from license holder to person.

The power of a peace officer to disarm a license holder when reasonably necessary for safety is extended to anyone carrying a handgun, but he must also give it back if he determines that the person is not a threat, no law has been violated, and the person is not a prohibited person.

A peace officer may not disarm nor detain a person solely because the person is carrying a concealed or holstered handgun.

A person, not just a license holder, who is carrying a handgun into a police station may be disarmed if he enters the secure portion of the facility, and the police shall provide a gun locker to store the handgun in, and give it back as soon as the person leaves the secure portion.

State agencies and political subdivisions may not prohibit a person carrying a handgun from entering unless the person is a prohibited person or state law prohibits carrying in that place.

The are changes to a number of other sections of the law that expand the legal carrying of handgun from LTC holder to a person not otherwise prohibited by state or federal law from possessing a firearm. That includes the Parks and Wildlife Code. Basically it looks like everywhere you can carry as a LTC holder you would be able to carry without a license as long as you are not a prohibited person.

30.05 Trespassing prohibition on denying entrance to someone because they are carrying under license is extended to anyone legally carrying a handgun.

30.06 and 30.07 trespassing sections are maintained, and separate signs maintained for forbidding concealed and carry in a holster (not just a belt or shoulder holster), with law and signs modified to refer to "person" rather than "license holder."

The provisions for emergency services volunteer are extended from "license holder' to "person".

[jerry_r60]

Scheduled for Committee hearing 3/25.

[ELB]

Thanks for the heads-up. Several other LTC- and/or 2A-related bills will be heard. Supposed to be video coverage of it.

The Committee will meet to hear the following bills, in no particular order, and with a two-minute time limit:

HB 54 Talarico | et al.
Relating to prohibiting law enforcement departments from contracting with television crews to create reality shows.

HB 88 Thompson, Senfronia | et al.
Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

HB 127 Ortega
Relating to the unlawful carrying of certain firearms; creating a criminal offense.

HB 323 King, Phil
Relating to a law enforcement agency accreditation grant program.

HB 788 Geren
Relating to the eligibility of emergency service dispatchers to participate in a public safety employees treatment court program.

HB 830 Thompson, Senfronia | et al.
Relating to law enforcement policies regarding the issuance of citations for misdemeanors punishable by fine only and to a limitation on the authority to arrest a person for certain fine-only misdemeanors.

HB 918 Leman | et al.
Relating to a license to carry a handgun for certain young adults who are protected under certain court orders related to family violence.

HB 1039 Goodwin
Relating to the duties of the Department of Public Safety, peace officers, officers of the court, and licensed firearms dealers with respect to the possession or use of a suspended, revoked, or expired license to carry a handgun; creating a criminal offense.

HB 1069 Harris | et al.
Relating to the carrying of a handgun by certain first responders.

HB 1094 Oliverson | et al.
Relating to authorizing certain persons to carry a handgun without a license.

HB 1238 Biedermann | et al.
Relating to provisions governing the carrying of a firearm by a person who is not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm.

HB 1396 White
Relating to law enforcement agencies and policies and procedures affecting peace officers.

HB 1758 Krause
Relating to the operation and use of an unmanned aircraft; creating a criminal offense.

HB 1911 White | et al.
Relating to provisions governing the carrying of a handgun by certain unlicensed persons and to other provisions related to the carrying, possessing, transporting, or storing of a firearm; providing criminal penalties.

HB 1927 Schaefer
Relating to the carrying of a firearm by a person 21 years of age or older and who is not otherwise prohibited from possessing the firearm and to criminal offenses otherwise related to the carrying of a firearm; creating criminal offenses.

HB 2343 Geren
Relating to the purchase of food and beverages by the Department of Public Safety for certain persons.

HB 2462 Neave | et al.
Relating to a forensic medical examination occurring with respect to a sexual assault reported to a law enforcement agency.

HB 2555 Neave | et al.
Relating to evidence included in the statewide electronic tracking system for evidence of a sexual assault or other sex offense and to a report on the status of evidence in that system.

HB 2675 Guillen
Relating to a license to carry a handgun for a person who is at increased risk of becoming a victim of violence.

HB 2677 Bonnen
Relating to the name of the statewide alert system for certain missing adults.

HB 2733 Tinderholt
Relating to defendants restricted to the operation of a vehicle equipped with an ignition interlock device or required to submit to alcohol monitoring and establishing a central database of those defendants.

HB 2900 Hefner | et al.
Relating to provisions governing the carrying of a firearm by a person who is not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm; making conforming changes.

[jerry_r60]

The committee meets today at 10:30 am and it will be available live online. HB1238 is on the agenda.
Here is the link for the live feed:
https://tlchouse.granicus.com/MediaPlay ... nt_id=6052

[Flightmare]

Online submission of comments is available at

https://comments.house.texas.gov/home?c=c420

To support the constitution carry bills, try to focus on making the point that a license should not be necessary. Simply stating that "it's your right" or giving the reason you acquired an LTC isn't going to persuade those who want to maintain the status quo. These bills are designed to remove the licensing requirement. Your comments should reinforce that position.

[Flightmare]

HB 1238 is currently up in Homeland Security and Public Safety committee.

https://house.texas.gov/video-audio/

[AF-Odin]

Well, I was there. Did not leave the Capital until well after 2AM. Testimony on HB1238 was overwhelmingly supportive with a lead off witness of Dr. John Lott who provided detailed analysis of crime, suicide statistics, accidental shooting statistics and much more for states with and without permit-less carry as well as comparisons with other countries. He stated that he was not speaking for or against the bill, but was neutral and providing statistical information. His information de-bunked every one of the arguments against passing this bill. In truth, though it was great to see the number of speakers supporting, all they really had to do was say, "you heard Dr. Lott. There is no reason NOT to pass this bill." Best part was seeing a very dejected group of Moms Demand Action looking very sad and getting in the elevator to leave.

Would have been nice to have had this bill earlier in the day, but testimony on HB88 (George Floyd bill) took almost 7 hours and bottled everything up. Let me just say that some parts of that testimony got very interesting.........

[powerboatr]

Thank you for the detailed updates


one question i was asked, is if its passed will we still be able to get licensed to carry plastic or will they just fall off as they expire?

the question came up, as it relates to buying a firearm, if you have a current LTC the buying process is fast. If not then the whole NCIC phone call time lost event happens.

thanks

[Flightmare]

Thank you for the detailed updates


one question i was asked, is if its passed will we still be able to get licensed to carry plastic or will they just fall off as they expire?

the question came up, as it relates to buying a firearm, if you have a current LTC the buying process is fast. If not then the whole NCIC phone call time lost event happens.

thanks

With the proposed legislation, the LTC (plastic) would remain optional. You may still maintain it and renew is for reciprocity and the ability to skip a background check from a FFL.

[powerboatr]

Thank you for the detailed updates


one question i was asked, is if its passed will we still be able to get licensed to carry plastic or will they just fall off as they expire?

the question came up, as it relates to buying a firearm, if you have a current LTC the buying process is fast. If not then the whole NCIC phone call time lost event happens.

thanks

With the proposed legislation, the LTC (plastic) would remain optional. You may still maintain it and renew is for reciprocity and the ability to skip a background check from a FFL.

Thank you, i was uncertain. I like the speediness of purchases the license affords. My local gun dealer really likes it if you have a LTC.
Thank you again

[AF-Odin]

Multiple witnesses made the point that the LTC needed to remain for both reciprocity as well as for bypassing the NICS. Dr. Lott provided testimony that CHL/CCW/LTC numbers actually increased in those states that have passed permit-less carry.

[jerry_r60]

If this does pass, the place I suspect we will see attention is signs. I can see an attack on that front. Once everyone can carry, what becomes the mechanism. I didn't see any language covering that at all.

Lott was excellent. Several others gave well thought out and articulate arguments for the bill.

[ELB]

Video from the committee meeting has been posted:

https://tlchouse.granicus.com/MediaPlay ... p_id=19883

Appears it's over 18 hours long. Enjoy!

[AF-Odin]

yep, started the hearing on bills about 1050 on Thursday morning. I left at about 0400 Friday morning and they were still in session.

[RHenriksen]

Wow! Feeling optimistic about CC in Texas for the first time