Please help me understand Texas SB1400

Please help me understand Texas SB1400

This is a discussion on Please help me understand Texas SB1400 within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; You can see the full text here: ftp://ftp.legis.state.tx.us/bills/83...9/SB01400E.htm But I'm particularly interested in this part: (a) Notwithstanding any other law, including Section 43.002 of this ...

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Thread: Please help me understand Texas SB1400

  1. #1
    Senior Member Array adric22's Avatar
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    Please help me understand Texas SB1400

    You can see the full text here:

    ftp://ftp.legis.state.tx.us/bills/83...9/SB01400E.htm

    But I'm particularly interested in this part:

    (a) Notwithstanding any other law, including Section 43.002 of
    this code and Chapter 251, Agriculture Code, a municipality may not
    adopt regulations relating to:

    (6) regulate the carrying of a firearm or air gun by a
    person other than a person licensed to carry a concealed handgun
    under Subchapter H, Chapter 411, Government Code, at a:
    (A) public park;
    (B) public meeting of a municipality, county, or
    other governmental body;
    (C) political rally, parade, or official
    political meeting; or
    (D) nonfirearms-related school, college, or
    professional athletic event; [or]


    OK, so I've heard other people online talk about this new law that passed September 1, 2013 and one of the common themes I see discussed is that getting licensed for a CHL might help people who play paintball a lot. However, I'm really confused as I read the text. It sounds to me like they are saying a city can't adopt any regulations on firearms or airguns except for people who have a CHL. Which sounds backwards to me. Why would the person with a CHL have less rights than those without?

    EDIT - Nevermind.. I figured it out.. I didn't see some of the text in the middle where it changes to things a city CAN do.. So I had it backwards. Feel free to delete this thread. I tried, but couldn't figure it out.
    "Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws." -Plato


  2. #2
    VIP Member Array mcp1810's Avatar
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    If a person has a CHL they and their conduct is already regulated by state law. As such the state preemption law applies.
    Texas Statutes - Section 1.08: PREEMPTION No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.
    Subsection (a) only has parts (1) and (2)

    (6) is in Subsection (b)
    (b) Subsection (a) does not affect the authority a
    municipality has under another law to:
    So this law adds airguns to existing restrictions on firearms. It says that municipalities can regulate those for anyone that does not have a CHL.
    Infowars- Proving David Hannum right on a daily basis

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    Senior Member Array adric22's Avatar
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    Yeah, I figured that out.. Now, see if this makes sense. I like to open carry my rifle around town. (I know, controversial, but I do it often) but the one place I cannot do this is when I go bike riding or jogging through the park trails because the parks have signs prohibiting firearms. And since the rifle doesn't have the same exemptions as a concealed handgun, I have assumed I have to leave my rifle at home. However, after I saw this law, I began to wonder if my CHL would essentially grant me authority to open carry a rifle or airgun in the park despite the sign. After all, the law uses the word "firearm or airgun" and does not specifically say handgun.
    "Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws." -Plato

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    Quote Originally Posted by adric22 View Post
    Yeah, I figured that out.. Now, see if this makes sense. I like to open carry my rifle around town. (I know, controversial, but I do it often) but the one place I cannot do this is when I go bike riding or jogging through the park trails because the parks have signs prohibiting firearms. And since the rifle doesn't have the same exemptions as a concealed handgun, I have assumed I have to leave my rifle at home. However, after I saw this law, I began to wonder if my CHL would essentially grant me authority to open carry a rifle or airgun in the park despite the sign. After all, the law uses the word "firearm or airgun" and does not specifically say handgun.
    Please note though, the law notwithstanding, some of them do try. They do it with odd language; for example with signage at
    public parks which make no mention of the fact that the sign does not pertain to the license holder.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    Senior Member Array adric22's Avatar
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    Quote Originally Posted by Hopyard View Post
    Please note though, the law notwithstanding, some of them do try. They do it with odd language; for example with signage at public parks which make no mention of the fact that the sign does not pertain to the license holder.
    Sorry. your response is confusing to me. Who are you talking about when you say "some of them do try." And what are they trying to do?
    "Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws." -Plato

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    Quote Originally Posted by adric22 View Post
    Sorry. your response is confusing to me. Who are you talking about when you say "some of them do try." And what are they trying to do?
    Some of our cities (mine) post no weapons signs in some of the parks. They will show something like "no guns, no knives, no weapons, allowed." Or, "no weapons of any kind allowed."

    This ignores the fact that they are preempted from keeping the license holder from carrying.

    A better sign, one that conforms with the state law, would be "no weapons allowed except by license holders" Or, "the unlicensed possession of guns is prohibited, no knives, or other weapons allowed." [We do need to change our CHL to a CCW, if only to make the wording less awkward.]
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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