CC just passed Senate. Almost law now!

[oldag]

One more email into the ether.

 

[Wildcat Diva]

Like any good woman does, I’m celebrating the almost passed CC with obligatory shopping sprees!

Just bought my 21 year old a Comp-Tac gun belt and am now offering to buy him a kydex holster for the G19. He hasn’t picked out a kydex color yet. Maybe that because the holsters I like are on a site that features a floral design as a sample. I just screen shotted him the carbon fiber black color he will likely want.

Guess he’s going to continue to get gun/carry related college graduation gifts this fall/winter. He already wants a holster setup for his car.

 

[Haystack]

Texans could carry handguns without a permit under bill headed to Gov. Greg Abbott's desk

Abbott has said he would sign the permitless carry proposal into law.

www.texastribune.org

 

[ZX9RCAM]

Texans could carry handguns without a permit under bill headed to Gov. Greg Abbott's desk

Abbott has said he would sign the permitless carry proposal into law.

www.texastribune.org

So, am I reading this correctly?
They can stop and ask?

"assuage concerns from the law enforcement community, including striking a provision that would have barred officers from questioning people based only on their possession of a handgun."

 

[Sasquatch]

So, am I reading this correctly?
They can stop and ask?

"assuage concerns from the law enforcement community, including striking a provision that would have barred officers from questioning people based only on their possession of a handgun."

This seems like a provision that can get struck down by the courts, if someone like the FPC takes up the suit against it. If you're not committing a crime - and permit-less carry soon will not be - the police should NOT be stopping you if they don't suspect any criminal activity.

 

[toddnjoyce]

…He already wants a holster setup for his car.

TPC 46.02 changes will allow plain view of a handgun by a non-LTC holder if the handgun is in a holster. Though it’s not explicitly spelled out, I think the intent is for the holster to be on the person. This is one of those gray language spots in the bill.

 

[Sasquatch]

TPC 46.02 changes will allow plain view of a handgun by a non-LTC holder if the handgun is in a holster. Though it’s not explicitly spelled out, I think the intent is for the holster to be on the person. This is one of those gray language spots in the bill.

Yes, but car-carry is already allowed, so long as the firearm is concealed. It doesn't require the firearm to be on your body, so this seems like its not much an issue - its essentially covered by a different law then 1927

 

[toddnjoyce]

Yes, but car-carry is already allowed, so long as the firearm is concealed. It doesn't require the firearm to be on your body, so this seems like its not much an issue - its essentially covered by a different law then 1927

I’ll come back to this later, but this is one if those areas where language needs to be aligned for consistency.

I believe the 1927 language is gray enough that LEO could force an issue if they so chose to.

 

[Haystack]

I have read HB 1927 in its passed version. And I'm not enough of a legal speak interpreter to understand something. 30.06 and 30.07 signs prohibit LTC holders from entry. What is in the new law that spells out what a business owner has to post in the way of signs to prohibit non-LTC holders from entry should a business owner desire them not to enter? Can anybody point me to the text?

 

[toddnjoyce]

I have read HB 1927 in its passed version. And I'm not enough of a legal speak interpreter to understand something. 30.06 and 30.07 signs prohibit LTC holders from entry. What is in the new law that spells out what a business owner has to post in the way of signs to prohibit non-LTC holders from entry should a business owner desire them not to enter? Can anybody point me to the text?

30.05 signage is added to address non-LTC holders. Look at pages 13-15 of the bill below. Note the pdf include two unnumbered pages before the bill numbering pages begin.

https://lrl.texas.gov/scanned/87ccrs/hb1927.pdf#navpanes=0

 

[Wiliamr]

30.05
SECTION 17. Section 30.05, Penal Code, is amended by adding Subsections (c) and (d-3) and amending Subsections (d) and (f) toread as follows: (c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that:
(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30. 05, Penal Code (er iminal trespass), a per son may not enter this property with a firearm";
( 2) includes the language described by Subdivision ( 1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height ; and
(4) is displayed in a conspicuous manner clearly visible to the public.
(d) Subject to Subsection (d-3), an [Aa] offense under this section is:
( 1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3);
( 2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of the boundary of the land; or
(B) on residential land and within 100 feet of a protected freshwater area; and ( 3) a Class A misdemeanor if: facility;
(A) the offense is committed:
( i) in a habitation or a shelter center;
(ii) on a Super fund site; or
(iii) on or in a critical infrastructure
(B) the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the person has previously been convicted of:
(i) an offense under this section relating to entering or remaining on or in property of an institution of higher education; or
(ii) an offense under Section 51. 204 (b) ( 1) ,Education Code, relating to trespassing on the grounds of an institution of higher education; or ( c) the per son carries a deadly weapon during the commission of the offense.
(d-3) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200 if the person enters the property, land, or building with a firearm or other weapon and the sole basis on which entry on the property or land or in the building was forbidden is that entry with a firearm or other weapon was forbidden, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, land, or building with the firearm or other weapon, the actor:
( 1) personally received from the owner of the property or another person with apparent authority to act for the owner notice that entry with a firearm or other weapon was forbidden, as given through:
(A) notice under Subsection (b)(2)(A), including oral or written communication; or
(B) if the actor is unable to reasonably understand the notice described by Paragraph (A), other personal notice that is reasonable under the circumstances; and
( 2) subsequently failed to depart.
( f) It is a defense to prosecution under this sect ion that:
( 1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and (B) a handgun:
( i) in a concealed manner; or
(ii) in a [shoulder or belt] holster.

 

[ZX9RCAM]

This is interesting....

"includes language that is identical to or substantially similar to the following".

So, verbiage not written in stone?

 

[Haystack]

30.05 signage is added to address non-LTC holders. Look at pages 13-15 of the bill below. Note the pdf include two unnumbered pages before the bill numbering pages begin.

https://lrl.texas.gov/scanned/87ccrs/hb1927.pdf#navpanes=0

And the sign companies said, "YEA!"

 

[MTA]

Is the governor set to sign it today or this week? Ive been gone for a week in Montana without any phone or internet really so I am not too sure where we are at right now other than something about it passing the house and senate?

 

[Army 1911]

Waiting g on Abbott

 

[Norib]

So once signed by Abbot what is the day CC goes into affect?

 

[CAtoDFW2021]

Does anyone else here read the amended Section 30.05 as an increased restriction? The wording applies to all firearms, not just handguns. That means the law now provides a way to limit unlicensed carry of long guns where prohibited by the property owner. Unless there is some existing law that already covers unlicensed carry of long guns.

 

[Shady]

So once signed by Abbot what is the day CC goes into affect?

Sept. 1st 2021

 

[Sasquatch]

Does anyone else here read the amended Section 30.05 as an increased restriction? The wording applies to all firearms, not just handguns. That means the law now provides a way to limit unlicensed carry of long guns where prohibited by the property owner. Unless there is some existing law that already covers unlicensed carry of long guns.

That's exactly what it does.

 

[CAtoDFW2021]

That's exactly what it does.

I wonder whose idea it was to sneak in a provision that covers long guns, when the bill is about concealed carry of handguns.

If they had written "handgun" instead of "firearm" then it would have made more sense.

Smells really fishy.