March 28, 2013www.americanguntrust.comCheng Copeland, pLLC • 5100 Westheimer, Ste 200 • Houston, tx 77056 •713-382-7980
TEXAS GUN LEGISLATION REVIEW
Would lower the hours for theinitial Concealed Handgun License (CHL)course from 10 hours to “not less than 4 ormore than 6, not to include time on theshooting range.”
This bill does not changethe written materials or the exam but onlyimpacts the number of classroom hours.The hours were put into statute before thecoursework was written and has not beenrevisited by the Legislature. If HB47passes, only 6 states out of 39 wouldrequire more instruction time than Texasto obtain a state-issued CHL.
[Status:3/21/13 Left Pending in Committee]
Provides a ﬁne for the improperposting of the PC 30.06 sign at locationssuch as the entrance to the Fort WorthZoo, on the parking lot of a school, thedoor to a city library, or other locations notlisted as “off-limits” in statute and notprivate property.
[Status: 3/19/13 Left Pending in Committee]
Would require that digitalﬁngerprinting services be within 25 milesof the applicant.
We have CHLs driving hundreds of miles to the closest L-1printing franchise. Rep. Springer’s housedistrict includes 22 rural counties andreasonable access to digital ﬁngerprinting service is not available.
[Status: 3/28/13 InCommittee, Vote 8-0 Favorable]
A bill allowing a person with aTexas concealed handgun license to havethe option of carrying concealed or openlyholstered.
A major concern has been for aresurgence of PC 30.06 signs/postings onprivate property targeting those who carryopenly but impacting all with a license.This is being addressed by a committeesubstitute which would create a PC 30.07sign restricting only licensed open carry.Law Enforcement did not testify againsttheir measure. Texas is following Oklahoma’s passage of licensed opencarry. The Mississippi Legislature is in theﬁnal stages toward passing “unlicensedopen carry”.
[Status: 3/14/13 Left Pending in Committee]
Would amend current law relating to the intentional display of a handgun bya person licensed to carry a concealedhandgun. Current law prohibits theintentional failure to conceal a handgun bya person licensed to carry a concealedhandgun. Many feel this language is toobroad, and it could lead to prosecutions insituations where the display of the weaponis inadvertent or where the display takesplace in an unthreatening manner like thehome of a friend. This bill proposes toclarify the law stating the failure to conceala handgun is only illegal when thedisplayed gun is in plain view of anotherperson in a public place and clarifying thatis an afﬁrmative defense to the offense thatthe weapon was displayed pursuant to justiﬁed use of force, as well as deadlyforce, under Chapter 9 of the Texas PenalCode.
[Status: Out of Committee, Vote 5 to 1 in favor]
A controversial subject, guns incolleges/schools:
[Status: Both In Committee, 2/6/13, 3/14/13]
Both allow for adult students, faculty, andstaff with a concealed handgun license tocarry into the buildings of colleges anduniversities.
[Status: 3/14/13 Pending in Committee]
would allow adultstudents, faculty and staff with a concealedhandgun license the option of carrying during their day to day activities including while on campus. Two other bills,
HB1077 and HB 1078
[Status: 3/14/13 Both Pending in Committee]
work towards this endas well. This topic has brought out over100 witnesses, presenting over 5 hours of live testimony - for and against.
Regarding the sale of conﬁscated ﬁrearms. Current Texas lawrequires that ﬁrearms conﬁscated by lawenforcement agencies be destroyed orassigned for law enforcement use. Theseare ﬁrearms which cannot be returned toowners and/or are no longer required tobe held as evidence. This measure wouldallow a law enforcement agency to sell suchﬁrearms at public sale to a federal ﬁrearmslicensee (FFL). After sale and court costs,funds would return to the law enforcementagency previously holding the ﬁrearms.
[Status: 3/25/13 In Committee, Vote 7-0 in favor]
To provide a more cleardeﬁnition in statute for the unintentionaldisplay of a handgun by a licensee.
[Status:3/21/13 Left Pending in Committee]
Relates to straw purchases of guns that occur when a legally eligiblebuyer purchases ﬁrearms for trafﬁckers orpersons who are prohibited from buying guns. SB 1348 creates an offense andprescribes a penalty for persons whoknowingly purchase guns to deliver topersons who cannot legally purchase.Current Texas law does not address strawpurchases, this law will mirror federal law.
[Status: In Committee, Public Hearings scheduled on 4/2/13]
Hotels would be required to posttheir policy regarding ﬁrearms on theirreservation section of their website andrequire customers to acknowledge that theyhave read the policy.
[Status: Out of Committee, Vote: 5-0 in favor]
The bill would make it anoffense for a peace ofﬁcer, state ofﬁcer, orstate employee to enforce, while acting under color of the person’s ofﬁce oremployment, any federal regulationsrelating to conﬁscation of any ﬁrearms,banning any ﬁrearm, limiting the size of a