New Texas Gun Laws ... Effective 9/1/09

[Mark F]

It isn't necessarily good news, simply because it's in your best interest to provide your CHL along with your drivers license anyway. However, the penalty for non-compliance albeit accidental or intentional is of minimal consequence us CHL holders.

 

[DCortez]

It isn't necessarily good news, simply because it's in your best interest to provide your CHL along with your drivers license anyway. However, the penalty for non-compliance albeit accidental or intentional is of minimal consequence us CHL holders.

Better safe than sorry.

 

[Willy]

APatriot's link has another gun related law at the bottom of the page. We will now be allowed to buy guns and ammo in any state and not just those that share a border with TX.

SB 1188 authorizes a Texas resident to buy firearms, ammunition or firearms accessories in any other state, not just those contiguous to Texas, to reflect updated federal statutes.

 

[TXSig]

Out of State Purchases

Although SB 1188 allows you to purchase, the question is does the other state's law prohibit you from buying guns or ammo?

 

[JKTex]

Here's a summary for those that can't or don't want to open the .pdf. I think it's the same thing. I picked it up and out of a text version of the summary of new laws.

>>><<<
HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.

HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)

HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder's failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.


FYI, as far as HB2730, I think "DoubleActionCHL" cleared it up, the requirement to display is still there so we are still required to, but there is no longer a penalty for not doing so.

For you rebellious types, you do have to, but there is no punishment if you don't. However, not doing something you are supposed to just because there is no penalty doesn't mean you are off the hook. The encounter could be made more unpleasant if you're obviously just trying to be a rebel and make trouble, so to speak.

 

[APatriot]

I agree my friend.

99% of LE are "with us" as it relates to concealed handguns. Sure we have the so-called "1 percenters", but courtesy and a professional demeanor when interacting with LE is the best policy, although the penalty has been eliminated.

Let's not increase the 1% to 2% by our own actions.

Here's a summary for those that can't or don't want to open the .pdf. I think it's the same thing. I picked it up and out of a text version of the summary of new laws.

>>><<<
HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.

HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)

HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder's failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.


FYI, as far as HB2730, I think "DoubleActionCHL" cleared it up, the requirement to display is still there so we are still required to, but there is no longer a penalty for not doing so.

For you rebellious types, you do have to, but there is no punishment if you don't. However, not doing something you are supposed to just because there is no penalty doesn't mean you are off the hook. The encounter could be made more unpleasant if you're obviously just trying to be a rebel and make trouble, so to speak.

 

[Major Woody]

I also understand using a cellphone in a school zone is a no-no. Austin City Ordinance. Watch out for that one. I hope it says texting. Why can't you plug your phone into your car stereo cradle for it?
A good rule of thumb, just like those gun handling rules apply here.
The one pulling you over should be professional and courteous and protect the person from traffic.
The one pulled over should be courteous, be open, honest, make them feel safe, they are just people too trying to make it home to dinner just like you. Common ground. Basic human respects.
Door # 1 is better than door # 2. It don't hurt to check all your tail lights and turn signals every week either.

 

[ZX9RCAM]

/\/\ You may still use a hands free device in a School zone....also, there must be a sign displayed stating "No Cell Phones, etc." for it to be "legal" to fine you.

 

[TexasRedneck]

Just what we needed - another revenue enhancing law that is difficult to enforce at best, costs money to implement - and was passed to show "we did something about it".

Let's make it illegal to drive distracted.....oh, wait - there's ALREADY a law against that. Gee, they COULD have used that law......but why, when you can pass ANOTHER one?

 

[psehorne]

HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display .

then what does
"failure to display the CHL to a peace officer on demand" ...
mean ?

to me sound like you don't have to if you don't want to.

The law still stands, only the penalty changes. Presumably, it would be a Class C misdemeamor (IMO), but your CHL would not be suspended. The new law as revised states:

Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE
If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

All reference to suspending your CHL has been removed, but the law (the requirement to display) has not been removed, and failure to display could probably be punishable as any other similar law violation.

Paul

 

[treyw]

I also understand using a cellphone in a school zone is a no-no. Austin City Ordinance. Watch out for that one. I hope it says texting. Why can't you plug your phone into your car stereo cradle for it?

That's state law now. Specifically it states any use of a wireless device(cell) in an ACTIVE school zone. No lights flashing no offense. Also, if you are using a handfree device (cradle, bluetooth, headset, etc, etc,) it is NOT an offense.

 

[txinvestigator]

The law still stands, only the penalty changes. Presumably, it would be a Class C misdemeamor (IMO), but your CHL would not be suspended. The new law as revised states:


All reference to suspending your CHL has been removed, but the law (the requirement to display) has not been removed, and failure to display could probably be punishable as any other similar law violation.

Paul

Yes, I am late to the party.

There is no punishment for fail to display now. Notice that it is not a penal code offense, it is in the Government Code and there is no penalty attached.