Constitutional Carry imminent.

https://www.texastribune.org/2021/05/20/texas-constitutional-carry/

We'll see.

Good new for a change.

Full Faith & Credit clause has been in the Constitution since day 1... Why do we need anything else?

Greetings!

Permitless Carry PASSES and is headed to Gov. Abbott!!


GREAT NEWS House Bill 1927 by Representative Matt Schaefer passed and is on it's way to the Governor's desk! Governor Abbott has already said he'd sign it! The effective date is September 1, 2021.

HUGE thank you's go to Representative Schaeffer for being the original sponsor, Chairman White who gave up his bill and worked hard to get this to the fill. Senator Schwertner was the Senate sponsor and also did a great job. Chairman Burrows worked with the whole team to get through the entire process. Lt. Governor Dan Patrick and Speaker Dade Phelan showed true leadership in shepherding this bill through multiple hurdles and I am thrilled to tell you they got it done!!!!

This is a huge win for Texans and I am extremely proud to have represented TSRA on this bill. Congratulations to all of you who emailed, wrote letters or made calls.

This couldn't have gotten done without all of you who helped!!

(Open the Champagne or Bourbon, now!) 😎


Thank you!!!!!!
--------------


Andi Turner
Legislative Director
TSRA

Y’all beat me to it. Looks like it’s gonna happen.

Excellent!

Lots of work, and calls and emails supporting this bill to get it past the gun grabbers to Abbott's desk!

Good job, to all who participated!

Curious what this does for LTC holders and the penalties (losing of license) for certain offenses that would otherwise not prohibit carrying a handgun now? You lose your license for a host of class B charges but w/ constitutional carry you would still be eligible. How will this be handled moving forward?

Edit: Also, when carrying under the authority of LTC (i.e anyone who is licensed) are the requirements to notify still applicable since I no longer need an LTC?

The way I understood the final bill was that when you are convicted of certain misdemeanor charges, you can't carry either. Some misdemeanors prohibit you from carrying for 5 years. Doesn't have to be a felony.

Correct but a lot of misdemeanors disqualify you from a LTC for years. Any class A or class B. However, with the exception of a DV charge none of that prohibits you from purchasing or owning a handgun. So what will happen now? I only see a few disqualifying charges for constitutional carry so will the same apply for LTC?

That is the all the stuff that needs to be worked out along with the 'final wording' of the Bill.

Logic would dictate since you are not required to be Licensed/Permitted that no obligation exists to notify (under the Authority of your LTC) since you would not be carrying under that authority. Besides...although there is requirement to notify (LTC) when stopped and asked for I.D. there is no penalty for not doing so.

The only misdemeanor conviction that would prohibit you from carrying without an LTC would be a family violence conviction. It also makes it legal for confirmed members of a criminal street gang to carry since they struck that line from the current law in the last version I saw.

Correct but my question is for those folks with an LTC and the rules surrounding it moving forward.

Don't worry.

I'm sure some govt agency will come along and tell you what you can and can't do before long.

From GOA:

https://texas.gunowners.org/hb-1927-final-version-what-does-it-say/

Who can carry:

Assuming Gov. Abbott signs HB 1927, then, beginning September 1, those age 21+ who can legally possess a firearm will be able to carry a handgun – concealed, or openly in a holster – in non-prohibited public places.

Exception: those who have been convicted of certain misdemeanors in the previous five years will not be able to carry handguns outside of their property or vehicle. These misdemeanors include assault causing bodily injury; deadly conduct; terroristic threat; and disorderly conduct with a firearm. (See Section 22 of the Conference Committee Report.)

Note: We opposed this exception because it creates a class of people who cannot carry handguns even though they can legally possess firearms – and because several of these misdemeanors are defined so loosely that it is easy to be convicted even when not acting wrongly.

See this handout for a listing of people prohibited by Federal and Texas law from possessing a firearm.

Prohibited carry:

Prohibited places include the following:

Schools (including both K-12 and colleges; school activities; school buses)

Polling places

Courts or offices utilized by the court

Racetracks

Airports past security

Bars (establishments that make 51% or more of their income from sale or service of alcoholic beverages for on-premises consumption)

Sporting events (high school, college, or professional)

Correctional facilities

Civil commitment facilities

Hospitals

Nursing homes

Mental hospitals

Amusement parks (75+ acres, in large counties, and open at least 120 days a year)

Governmental open meetings if notice is provided

No “Savings Clause” included:

Carry onto prohibited places can result in a Class A misdemeanor or 3rd-degree felony.

The House version had an exception to the penalty (“Savings Clause”): it said that if you carried into one of the above prohibited places but left as soon as you were given personal notice, you could not be penalized.

Unfortunately, the Senate insisted on stripping out the Savings Clause (we supported the Savings Clause).

The final language does include a defense to prosecution if you carry into one of the above prohibited places when no signage was posted informing you that carry was prohibited.

Other prohibited permitless handgun carry:

Carry while intoxicated will be prohibited except on your property, in your vehicle, or on / in another’s property or vehicle with their consent.

Campus carry is still prohibited for permitless carry (only those with an LTC carrying concealed can carry handguns on campuses, and even then, with significant restrictions).

Handgun carry on Lower Colorado River Authority property is protected for LTC holders but not for permitless carry.

Private businesses can prohibit unlicensed carry by providing notice under Penal Code Chapter 30.05. This notice can be a specifically worded sign, somewhat similar to a 30.06 or 30.07 sign, or it can be another sign or communication that simply gives notice that entry with a handgun is forbidden. The maximum penalty is identical to the penalty for carrying past a 30.06 or 30.07 sign: maximum class C misdemeanor and $200 fine if you leave as soon as you’re told to leave.

Federal property: In general, Federal law prohibits carry on Federal property, and state law does not affect Federal property.

Protected permitless handgun carry:

Foster parents who can legally possess firearms will be able to carry handguns while transporting foster children in a vehicle.

Increased penalties:

HB 1927 increases penalties for illegal possession of firearms by the following classes of people. We did not oppose raising the penalty for those with a violent felony conviction or those who have committed a Class A misdemeanor of family violence.

Note: We opposed increasing penalties for mere passive possession of a firearm by all non-violent felons, because we believe this unjustly includes some who committed a completely nonviolent crime decades earlier.

I believe all of the current rules pertaining to getting and keeping an LTC will stay the same. If anything is changing, I haven't seen it.

I will admit that I have not been following this closely, but I have a couple of questions. Disregard all the stuff about prohibitions, misdemeanors and convictions, for now. If I am legally able to own a handgun and can now carry it openly or concealed, why do I need to keep my LTC, other than for reciprocity? Will the LTC program continue?

You should keep your LTC for reciprocity and for NICS exemption when buying a gun from a dealer.
LTC Program...will remain in place, unchanged by HB1927.

Why is this taxing entity receiving special treatment?

Handgun carry on Lower Colorado River Authority property is protected for LTC holders but not for permitless carry.

"Carry while intoxicated will be prohibited except on your property, in your vehicle, or on / in another’s property or vehicle with their consent."


Wait a minute...does this mean that it's legal for me to carry while driving drunk?

Also, depending upon what kind of 'signage' is required by establishments. May affect where LTC can carry and non-permit may not. Just haven't seen that ironed out yet.

Signage is already established and has been that way for years. HB1927 did not change signage. Everything is "ironed" out or it would not be going to the governors desk.

The way I read this is there may be new signage. One to prohibit unlicensed carry and potentially still allow licensed open/concealed carry, i.e. 30.05.

Would that not be separate legislation? If signage was going to be impacted or changed it would need to be adopted under current HB is my understanding..

Senator Schwertner explains this 30.05 signage at the last few minutes of the senate vote discussion. Skip to around 2:57 on the video, IIRC.

https://tlcsenate.granicus.com/MediaPlayer.php?view_id=49&clip_id=16215

30.06 and 30.07 have been in place for years yes, we all know that. There is talk of a 30.05 and the implications thereof. Read up.

Senator Schwertner explains this 30.05 signage at the last few minutes of the senate vote discussion. Skip to around 2:57 on the video, IIRC.

https://tlcsenate.granicus.com/MediaPlayer.php?view_id=49&clip_id=16215
[/quote]


^^^^^

Exactly.

I just saw the latest (I think) amended version, and other offenses were added if you are not in your vehicle or your own property. The assault conviction they have listed isn't just family violence, it's any assault with bodily injury within 5 years. They also added Terroristic Threat, Deadly Conduct, and two subsections of Disorderly Conduct involving firearms.
They moved the part involving being in a criminal street gang to another section, but it only applies if they are in a vehicle or watercraft. I'm not sure how they came up with that.

My buddy got a felony drug charge several years ago, was never convicted, and it is deferred will he be eligible for this or will he have to finish out his 10 years before he can carry like he would have to get a LTC?

Since then he has bought several guns and a suppressor with no problem so I’m guessing if he can own a suppressor he would be eligible for constitutional carry right?

Great, that means I can't flex at the gym anymore....

You might find the answer here. Too much reading for me until the final worded bill is put together.

https://lrl.texas.gov/scanned/87ccrs/hb1927.pdf

dang the luck!!!

That's what you get for having those guns registered as deadly weapons.

He should be legal since it's not a conviction.

I don't think so.

If he's serving 10 years probation from a felony deferred adjudication ruling, it's most certainly a condition of probation that he possess no firearms.

That's definitely a possibility, but not always a condition of probation. I've had a case involving a guy in the same position and it was determined in the end that he could not be legally barred from having a firearm because he wasn't convicted and there was nothing in his probation agreement prohibiting him from possessing one.

If he can legally own the firearm then he can legally carry it. That was the entire basis of HB 1927.

There are exclusions with the law.

Not only felony, but some misdemeanors as well.

I’m not really familiar with his case he was just asking me if he’d be eligible for it.

I don’t think he is on 10 year probation the 10 year thing was only for the LTC. He has bought several guns since and went through the whole FORM4 process and background check and had no problem doing it. I’d imagine if he was on felony probation ATF would have denied it.

He wasn’t convicted of it and it’s deferred so I’m not exactly sure what that even means.

“Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.”
– Daniel Webster

Deferred Adjudication is probation, but the person has not been convicted. If they complete their probation successfully the case will be dismissed and there will be no conviction. If the person screws up, they can adjudicate the case and it results in a conviction.

Straight probation is a sentence imposed after a conviction.

Regardless of which type of probation, there will be a set of conditions the person must abide by. Some are standard and some are tailored more for individual circumstances.

Gotcha thanks Grizz.

I ordered a new gun belt last night. This is great!