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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?
 

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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.
 

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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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* 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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* 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.
 

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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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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.
 

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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.

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

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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!
You need to read through you book. You have been able to carry into a church for nearly 10 years in Texas. I don't mean to come across as bashing, but if you don't know where you can and can't legally carry in your own state, you really, really, really need to get the book out and learn what the laws of Texas are regarding the CHL. This stuff should have been gone over in your class.


Sorry to sound ignorant, but when is the next session? We need to push our Reps. HARD for Open Carry!
2 years, they meet every 2 years unless a special session is called. I really don't think it is going to be called for the open carry issue.
 

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i didn't get a book when i took my class but i've been reading over the rules on the hand gun laws section from this site. i may be reading it wrong but in section 46.035 line 6 it says we can't carry in a church or place of worship. check it out and let me know if i'm reading it wrong or not. i would like to carry in church. i know our instuctor said something about carrying in a church but after reading the rules on here i can't remember exactly what he said.

where can i get a book at?
 

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You took the class and the instructor didn't give you a book. You should call the state and report him for being an indiot.

Here is a link the the current statutes related to CHL as of Sept of 2007. This link will more than likely be updated after these new laws take effect.

http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf

Yes, Section 46.035 does say that, but you have to read the entire section down to the very bottom, and read what I am making bold. Section (b) 6 does not apply without a valid 30.06 signage or if you are not personally informed.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue, or other established place of religious worship.

(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

(f) In this section:

(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2

(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:

(1) an active judicial officer, as defined by Section 411.201, Government Code; or

(2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5

(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:

(1) a judge or justice of a federal court;

(2) an active judicial officer, as defined by Section 411.201, Government Code; or

(3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 976, Sec. 3, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5, eff. June 15, 2007.
 

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i didn't read down far enough. it doesn't make much since to tell us that we can't carry somewhere than have a section with an amendment saying we can unless there is a 30.06 sign posted. we know what a 30.06 sign means so they are just making it more confusing by telling us we can't than telling us we can if no sign. i guess if they try and make it to confusing than we won't carry anywhere.
 

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Ok, I will explain it for you.

When they first allowed CHL's in Texas they didn't want folks to carry into churches, amusement parks, city council meeting, ect.

Then they realized that they were restricting folks from places that really shouldn't be banned. They changed the law, and therefore it now reads that sections b such and such don't apply without a valid 30.06 sign.

You don't have to agree with it, or understand why the state officials did what they did. You do however need to understand what the laws are.

I suggest that you spend lots of hours reading through the CHL handbook since your instructor did such a crappy job teaching you.

I do have one question? Did you start your CHL process before you got in touch with your instructor? If so, the state should have sent you a whole package with a current law book.

I believe you can request that the state send you one. Please read it several times.
 
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