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Constitutional Carry of handguns in Texas


tvc184

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For the last several legislative sessions (once every two years) at least one member of the Texas legislature has submitted a bill commonly called “constitutional carry” or basically carrying a handgun without any kind of license required.

It normally does not get much traction however it has pushed Texas from the no handgun allowed to open carry with a license.

Going back in history, basically since the Civil War Texas has not allowed the carrying of handguns in public. In the early 1990s the Texas legislature passed a concealed handgun license bill however Ann Richards vetoed it. That was significant. The significance of it was that she was defeated in the next election because of that and it ushered in the era of George W. Bush. That in turn propelled him to the presidency. Thanks Ann!!

But back on topic…

I believe in 1995 the legislature again passed a concealed handgun license and this time George Bush, as promised, signed the law. Texas for the first time since The Civil War allowed civilians to carry handguns in public. That original law required about a 16 hour class and a $240 license which like a drivers license had to be renewed every few years. The handgun had to be concealed and there were other limitations on locations such as not in hospitals, large amusement parks, racetrack, etc. For the most part however, a person wishing to take the class and pay the fees, could carry a handgun for protection. 

Over the years they have slowly eased up on the requirements and fees. Then they passed the license to carry which now allowed open carry a handgun as well as concealed. They have eventually reduced the licensing fee to I believe $40 now and reduce the class from two days to only four hours.

Basically if you had four hours and a very few dollars, you could openly or concealed carry a handgun in Texas.

The Texas legislature is back in session which began in the first week of January and ends in about 10 days. Like normal for the last few sessions, a bill was submitted to carry a handgun without a license or constitutional carry. It is just my opinion but I believe this year was different because of the national Democrats making such a move to get rid of gun rights. I believe that spurred some legislators to move forward where in past sessions they have not. The Constitutional carry bill (HB1927) went through the House of Representatives fairly easily (with no Dem support) and was then sent to the Senate. There it met some opposition even from the Republicans. It wasn’t so much opposition as it was wanting to tweak the bill by adding amendments. The Texas Senate then passed the bill however they added several amendments to it.

I’m sure everyone knows the procedure but when the two houses pass similar bills, it cannot become law. Both houses must pass a Word for Word same bill for it to go to the governor. What happens if they are not exactly the same? It then goes to a committee and has conferees from both houses to see if they can work out a compromise that both will support. So the Senate Bill with its amendments went back to the House and they rejected Senate version of the bill. Eight days ago it was sent to the conferees to try to work out a compromise however the session is going to end in a few days.

Well, late yesterday afternoon they reached an agreement that they believe they can get through both houses. I have not seen the final version yet because they have not posted it but I am assuming that some of the Senate amendments will remain (and having read them, I think that is a good thing). 

HB1927 is scheduled to be brought to a vote next week in both houses and I believe there’s about a 98% chance of it passing. The bill can still be killed but I think this is the year it will finally pass. The governor has already said that if the bill passes, he will sign it.

Meaning??

Probably on September 1 of this year, people in Texas who are at least 21 years of age and have not been convicted of a felony or domestic violence or are ian illegal alien, can carry a concealed handgun or openly carry one as long as it is in a holster and can do so with no license, permit or school required.

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5 hours ago, tvc184 said:

For the last several legislative sessions (once every two years) at least one member of the Texas legislature has submitted a bill commonly called “constitutional carry” or basically carrying a handgun without any kind of license required.

It normally does not get much traction however it has pushed Texas from the no handgun allowed to open carry with a license.

Going back in history, basically since the Civil War Texas has not allowed the carrying of handguns in public. In the early 1990s the Texas legislature passed a concealed handgun license bill however Ann Richards vetoed it. That was significant. The significance of it was that she was defeated in the next election because of that and it ushered in the era of George W. Bush. That in turn propelled him to the presidency. Thanks Ann!!

But back on topic…

I believe in 1995 the legislature again passed a concealed handgun license and this time George Bush, as promised, signed the law. Texas for the first time since The Civil War allowed civilians to carry handguns in public. That original law required about a 16 hour class and a $240 license which like a drivers license had to be renewed every few years. The handgun had to be concealed and there were other limitations on locations such as not in hospitals, large amusement parks, racetrack, etc. For the most part however, a person wishing to take the class and pay the fees, could carry a handgun for protection. 

Over the years they have slowly eased up on the requirements and fees. Then they passed the license to carry which now allowed open carry a handgun as well as concealed. They have eventually reduced the licensing fee to I believe $40 now and reduce the class from two days to only four hours.

Basically if you had four hours and a very few dollars, you could openly or concealed carry a handgun in Texas.

The Texas legislature is back in session which began in the first week of January and ends in about 10 days. Like normal for the last few sessions, a bill was submitted to carry a handgun without a license or constitutional carry. It is just my opinion but I believe this year was different because of the national Democrats making such a move to get rid of gun rights. I believe that spurred some legislators to move forward where in past sessions they have not. The Constitutional carry bill (HB1927) went through the House of Representatives fairly easily (with no Dem support) and was then sent to the Senate. There it met some opposition even from the Republicans. It wasn’t so much opposition as it was wanting to tweak the bill by adding amendments. The Texas Senate then passed the bill however they added several amendments to it.

I’m sure everyone knows the procedure but when the two houses pass similar bills, it cannot become law. Both houses must pass a Word for Word same bill for it to go to the governor. What happens if they are not exactly the same? It then goes to a committee and has conferees from both houses to see if they can work out a compromise that both will support. So the Senate Bill with its amendments went back to the House and they rejected Senate version of the bill. Eight days ago it was sent to the conferees to try to work out a compromise however the session is going to end in a few days.

Well, late yesterday afternoon they reached an agreement that they believe they can get through both houses. I have not seen the final version yet because they have not posted it but I am assuming that some of the Senate amendments will remain (and having read them, I think that is a good thing). 

HB1927 is scheduled to be brought to a vote next week in both houses and I believe there’s about a 98% chance of it passing. The bill can still be killed but I think this is the year it will finally pass. The governor has already said that if the bill passes, he will sign it.

Meaning??

Probably on September 1 of this year, people in Texas who are at least 21 years of age and have not been convicted of a felony or domestic violence or are ian illegal alien, can carry a concealed handgun or openly carry one as long as it is in a holster and can do so with no license, permit or school required.

Interesting.  Do you think Law Enforcement, as a whole, supports this Bill?  I would expect it puts an added strain on their job.

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2 hours ago, Hagar said:

Interesting.  Do you think Law Enforcement, as a whole, supports this Bill?  I would expect it puts an added strain on their job.

I think it could present some problems. Even though I believe in the 2A and would never say someone has no right to own a firearm, some people can’t walk and chew gum at the same time. I think there would be a lot of Barney Fife incidents with a rise in accidental shootings/deaths. Everyone should own a gun at their home to protect themselves, but I’m afraid that to carry publicly, instead of the passerby giving the proverbial finger, it may escalate to gun violence. Gun classes show people how to safely handle a firearm while also teaching that it should be a last resort....not something you pull on someone to win an argument or if they cut you off in traffic. Kids should be taught gun safety at an early age. Just my opinion. That and $1.50 will get you a cup of coffee.

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32 minutes ago, baddog said:

We live in a society that has to have warning labels on fish hooks so that individuals do not put them in their mouths. I don’t think asking these same individuals to take a gun safety course is too much. 

😂😂🤣😂😂

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5 hours ago, Hagar said:

Interesting.  Do you think Law Enforcement, as a whole, supports this Bill?  I would expect it puts an added strain on their job.

This is just my opinion from talking with police officers face-to-face and on social media. An overwhelming percentage of police officers are for gun rights, period. 

An overwhelming percentage of police administrators (sheriffs, chiefs, etc.) are against gun rights.

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1 hour ago, baddog said:

We live in a society that has to have warning labels on fish hooks so that individuals do not put them in their mouths. I don’t think asking these same individuals to take a gun safety course is too much. 

For the people that you speak of, and they definitely exist, do you think a four hour gun class will actually change anything? The current mandated training doesnot cover the handling or shooting of firearms. 

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12 minutes ago, tvc184 said:

For the people that you speak of, and they definitely exist, do you think a four hour gun class will actually change anything? The current mandated training doesnot cover the handling or shooting of firearms. 

No, but we also have to introduce them to fishhooks. Driver’s training does not guarantee good drivers, but at the very least they have an idea. 

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1 minute ago, baddog said:

No, but we also have to introduce them to fishhooks. Driver’s training does not guarantee good drivers, but at the very least they have an idea. 

 But again, the current LTC has no firearms training.  While training may not be a bad thing, it is currently not required and a couple of million Texans have the LTC and most have no firearms training. What does this law change other than the tax to carry? 

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9 minutes ago, tvc184 said:

 But again, the current LTC has no firearms training.  While training may not be a bad thing, it is currently not required and a couple of million Texans have the LTC and most have no firearms training. What does this law change other than the tax to carry? 

Great point.  Thanks for your response.

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21 minutes ago, tvc184 said:

 But again, the current LTC has no firearms training.  While training may not be a bad thing, it is currently not required and a couple of million Texans have the LTC and most have no firearms training. What does this law change other than the tax to carry? 

I realize that no class is being offered. I suggest that there should be under the guise of “we tried”.

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52 minutes ago, baddog said:

I realize that no class is being offered. I suggest that there should be under the guise of “we tried”.

I am not going against your opinion which is OK but the current license to carry law has no firearms training either. If the premise of this bill being bad is it there is no training, well… there is none before this.

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9 minutes ago, tvc184 said:

I am not going against your opinion which is OK but the current license to carry law has no firearms training either. If the premise of this bill being bad is it there is no training, well… there is none before this.

Glad you understand. Some people don’t even know the business end and would look down the barrel wondering. My first post I addressed  some of the other problems which could arise.

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I “think” that I read the final version of the bill and most of the Senate amendments stayed put. When I read them several days ago I didn’t understand the uproar other than just politics. Some people said that the Senate was trying to KILL THE BILL with these horrible amendments! I read them and thought that most were good or needed and others could go either way but weren’t bad  

Here goes with the Senate amendments that stayed...

1. The free online classes on gun safety that are NOT mandatory stayed. 

2. A felon in possession of a firearm penalty was increased from a 2-10 year sentence (3rd degree felony) to 5-20 (2nd degree felony). 

3. In addition to a felon in possession or a person convicted of family (domestic) violence from being prohibited from carrying, they added assault with injuries, terroristic threat or disorderly conduct with a firearm (if within the previous 5 years) from lawfully carrying. 

4. Removed the House prohibition from having an officer question a person based solely on the open carried handgun. 

5. Kept the Senate amendment of the wording of trespassing on a business property... "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property". This doesn’t leave it to the discretion of an officer but spells out what a warning is  

So basically almost all of the Senate amendments stayed if I read the correct final version. 

The bill also changed the language of a shoulder or belt holster like under the LTC to simply a “holster”.  

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