Changes in Texas CHL Laws

Changes in Texas CHL Laws

This is a discussion on Changes in Texas CHL Laws within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; V. Concealed Handguns In addition to the new traffic and criminal laws proposed above, the legislature in Texas also passed new laws regarding concealed handguns: ...

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Thread: Changes in Texas CHL Laws

  1. #1
    Distinguished Member Array ErnieNWillis's Avatar
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    Changes in Texas CHL Laws

    V. Concealed Handguns

    In addition to the new traffic and criminal laws proposed above, the legislature in Texas also passed new laws regarding concealed handguns:

    * New laws regarding concealed handgun licenses(CHLs)- A number of changes were made regarding CHLs. One such change eliminates disqualification for a CHL for defaulting on students loans. Another is that the Department of Public Safety must suspend or revoke a license when the person becomes ineligible to hold a license. The law also mandates that a magistrate judge suspend a CHL held by someone who is subject to an emergency protective order.

    * Defense to carrying a concealed handgun into a bar or similar establishment- A person with a CHL is not supposed to bring a gun into a bar or similar place and doing so can be a Class A misdemeanor. To be charged with such, the bar or similar place must post notice that it gets 51% of its profit from the sale of alcoholic drinks. If they do not have the notice, it is a defense a person can use if charged with a Class A misdemeanor for carrying a concealed weapon into a bar or similar place. Class A misdemeanors are punishable by a fine up to $4000, up to 1 year in jail, or both.

    * New law removes suspension of CHL for failure to display CHL to a peace officer on demand- The department of public safety used to be able to suspend a CHL if the person who had the CHL could not show it to an officer on demand. The new law removes this power from the Department of Public Safety.


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    Passed, but not signed???

    This clip is unclear if they are signed.

    If so, when do they become law?
    Last edited by DaveH; August 24th, 2009 at 10:53 AM. Reason: sp
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    VIP Member Array farronwolf's Avatar
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    Here is a link to the Texas DPS website that has the new laws for traffic and CHL that take effect on Sept. 1. These have all be signed into law.

    http://www.txdps.state.tx.us/directo...n/pr081109.pdf
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    Member Array mosouthpaw's Avatar
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    admin or mod might consider this a sticky for a while.

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    VIP Member Array farronwolf's Avatar
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    Since these are only minor changes, or clarifications of existing laws they will not affect many of the people who already have their CHL.

    As far as the display of the CHL. I will continue to do so, even though there is no suspension or penalty involved. I figure, the display of the license lets the LEO know that I have a gun, and that I "should" be no threat to them, since I am a law abiding citizen. The reason I said "should" is that there are always exceptions.

    No surprises = good for everyone involved.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    Member Array tbmccord's Avatar
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    Another change, under Misc. changes shows:


    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.
    This is a BIG win in my opinion.
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    I think the idea of the change regarding display of license on demand, is aimed at not punishing a CHL holder that might have forgotten his CHL, unintentionally... I agree, I will also continue to disclose that I have a CHL to any LEO on demand.
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    Member Array roff's Avatar
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    * Defense to carrying a concealed handgun into a bar or similar establishment- A person with a CHL is not supposed to bring a gun into a bar or similar place and doing so can be a Class A misdemeanor. To be charged with such, the bar or similar place must post notice that it gets 51% of its profit from the sale of alcoholic drinks. If they do not have the notice, it is a defense a person can use if charged with a Class A misdemeanor for carrying a concealed weapon into a bar or similar place. Class A misdemeanors are punishable by a fine up to $4000, up to 1 year in jail, or both.



    does that mean if i go into a place that i know is 51% but a sign isnt posted i can carry in there?

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    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by roff View Post
    * Defense to carrying a concealed handgun into a bar or similar establishment- A person with a CHL is not supposed to bring a gun into a bar or similar place and doing so can be a Class A misdemeanor. To be charged with such, the bar or similar place must post notice that it gets 51% of its profit from the sale of alcoholic drinks. If they do not have the notice, it is a defense a person can use if charged with a Class A misdemeanor for carrying a concealed weapon into a bar or similar place. Class A misdemeanors are punishable by a fine up to $4000, up to 1 year in jail, or both.



    does that mean if i go into a place that i know is 51% but a sign isnt posted i can carry in there?
    Sure you can go in there, just like you could before these changes. The only thing that is different since it is still illegal to do so, is that you can use in your defense that there was no 51% signage present. I don't think that defense will hold much water if you already knew that the establishment was a bar, or had 51% of revenue from sales of alcohol. That is pretty much a self condradicting defense.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    Member Array roff's Avatar
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    Quote Originally Posted by farronwolf View Post
    Sure you can go in there, just like you could before these changes. The only thing that is different since it is still illegal to do so, is that you can use in your defense that there was no 51% signage present. I don't think that defense will hold much water if you already knew that the establishment was a bar, or had 51% of revenue from sales of alcohol. That is pretty much a self condradicting defense.
    i wasnt really sure what the new law meant. so it still is illegal to carry inside a 51% but if its not posted, someone would have a better chance to fight it is what i am understanding?

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    Member Array DropTop's Avatar
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    was there any changes to the open carry laws? like can we start doing it or is it still going to be illegal to do this?

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    Churchs

    I ran into a CHL instructor recently who told me that the laws concerning carrying in a "Place of Worship" IE, a church had been changed and we could carry in churchs now. I hadnt hear this anywhere else, has anyone else heard this?

    Alex!

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    Open carry did not pass this year. But, according to our representatives, they let it drop in favor of getting some others passed. Comment that was passed on to me was that they will try again at the next session.
    Sometimes you find your destiny on the road you chose to avoid it.

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    Distinguished Member Array ErnieNWillis's Avatar
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    Quote Originally Posted by sheffd View Post
    Open carry did not pass this year. But, according to our representatives, they let it drop in favor of getting some others passed. Comment that was passed on to me was that they will try again at the next session.

    Sorry to sound ignorant, but when is the next session? We need to push our Reps. HARD for Open Carry!

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    Senior Member Array puncho's Avatar
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    Quote Originally Posted by roff View Post
    i wasnt really sure what the new law meant. so it still is illegal to carry inside a 51% but if its not posted, someone would have a better chance to fight it is what i am understanding?
    Correct.

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