HB 2407 (Effective Jan. 1, 2014), SB 299 (Effective Sept. 1, 2013), HB 1862 (Effective Sept. 1, 2013)
Restoration of a Ward's Rights Award in Texas is someone who is determined by the courts to be incapacitated, and will therefore require a guardian. A result of becoming a ward is that you lose the ability to purchase firearms. If a ward's capacity was completely restored, that is to say they are no longer incapacitated and a court has made or is making such a finding, HB 2407 establishes some guidelines regarding the re-establishment of their rights to purchase a firearm.
The failure to conceal law has received some attention during the legislative session as well. The current phrase of "intentional failure to conceal" will be changed to "intentional display of the handgun" in plain view of another person in a public place based on SB 299. While it may seem a victory at first, the statute is unclear as to how this substantively changes the current law by failing to define what constitutes a "display" or "plain view of another person."
Only time and the courts will show us how this change will affect our lives. On a positive note, SB 299 also reconciles the "display" of a handgun with the use of force statutes by stating that the justification for use of force, not just deadly force, would be a defense to this crime.
The statute formerly limited justifiable failure to conceal to only those situations where the use of deadly force was justified.
Finally, though unrelated to firearms, knife aficionados will be pleased to hear that switchblades will no longer be a prohibited weapon under HB 1862. They will now be subject to the same regulations for all knives. Note that this law won't prohibit local government from regulating switchblade or automatic knives, because the Texas knife law pre-emption bill did not pass, but at least there is no longer overall prohibition on the state level. Even though we've made it through both the regular session and first special session, Governor Rick Perry has called a second special session. Whenever the legislature is in session, we must remain ever vigilant and observant of our rights, lest we lose them. Texas Law Shield will keep a watchful eye out for any other bills that affect your firearms rights, for better or worse, and keep you updated.
Texas Law Shield, LLP
4HrLTC.com is truly on the cutting
edge of all things concerning licensing. When we started our 4 hour program we were scoffed at called traitors, some even tried to accuse us of running contrary to the law. Those complaints by our fellow TX. DPS Certified Instructors were unfounded and resulted in a meeting with Texas DPS Investigators. What came out of that meeting in early 2013 was our advise several ways to streamline the its program, but more importantly on how to shorten the Texas CHL class, which had become a marathon of 10-15 hours, to what became law passed in the Texas legislature and signed into law by Governor Rick Perry. Most it came into affect Sept 01, 2013. Our small part in helping reducing the Texas class to only 4 hours, plus removal of the revolver semi auto designation has helped Texas Instructors tremendously but, we have a long way to go. They did not drop the contract with Morpho Identity, (the digital finger print company Texas is beholden to) which is one of the major stumbling blocks for Texas citizens in completing their TX. CHL APPLICATION. What takes place is; you complete your TX. class at a local vendor, spend $38.50 for a box of ammo to pass the shooting test and dependant of whether that instructor is beholden to the gun range another $10.-$25. for gun range usage, you get pass port photo's maybe not, notary, who know's? What we do know
for a fact is, you have to make a reservation with Morpho and more times as not you have to take off work because they only work Monday thru Friday 9AM to 5PM as of this posting............and pay $10. for the abuse. IT IS THE FBI WHO AUTHORIZES ALL CONCEALED WEAPONS LICENSES IN THE UNITED STATES. NO STATE HAS THE AUTHORITY TO ISSUE WITHOUT FIRST BEING APPROVED BY THE FBI. With that in mind read the following as it pertains to a concealed carry permit/license.
Hinojosa, Criminal Justice:
S.B. 481 author/sponsor's statement of intent:
The intent of Hinojosa was to explain Reciprocity between Texas/Florida,
how that agreement allows for acquisition of a Non Resident Florida conceal
weapon license and verifies its validity in the State of Texas as
does 34 other states the Florida license has similar agreements with.
Further, Florida is unique in that it has a
SPECIFIC LICENSE APPLICATION FOR OUT OF STATE CITIZENS AND CITIZEN ALIENS
OF THE UNITED STATES, TAUGHT BY INSTRUCTORS APPROVED BY THE FLORIDA
DEPARTMENT OF AGRICULTURE DEPARTMENT OF LICENSING'S LEGAL DEPARTMENT.
the TEXAS DPS Web site
September 7, 2000
Texas has signed reciprocal agreements with Florida and Tennessee, allowing citizens with
concealed handgun licenses issued by Florida or Tennessee to legally carry
concealed handguns in Texas, and vice versa.
"This agreement will allow licensed Texans to travel freely in the states of Tennessee and
Florida, while enjoying the same or similar privileges their licenses give them
at home," Davis said. These reciprocity agreements--the fifth and sixth Texas has reached with another state--were made
possible by 1997 changes to the state's concealed handgun law. Texas also has
reciprocity agreements with Arkansas, Louisiana, Arizona and Oklahoma.
"Texans should remember that weapons laws vary from state to state, and before traveling,
license holders should educate themselves about laws in other states that
govern where and when they can legally carry their concealed handguns,"
Class Length, Finger Printing, and Social Security Numbers Under SB 864, the classroom instruction length is reduced to 4-6 hours from the previous 10-15 hour length. Another new law, pursuant to HB 698, concerns finger printing. People in a county of 46,000 people or less, with no facility with the capability to process digital or electronic fingerprints in a 25-mile radius, will have different rules applied to them, to be established by the Texas DPS.
Under 1349, which isn't effective until January of 2014, Texas DPS shall not request, and applicants are not required to provide, social security numbers for the purpose of issuing a CHL. Further, Texas DPS may not request or require social security numbers during the renewal process. Effective immediately, HB 3142 does away with the "category" of firearm carrying. In other words, taking the test with a revolver or semi automatic.
We're the only 4 Hour Licensed To Carry Class in Houston, Texas
GUARANTEED ready to mail or your MONEY BACK ! ! !
HB 333 (Effective Sept. 1, 2013)
With the passing of HB 333, hotels will be required to tell its guests up-front of any restrictive firearms policies prior to booking the rooms. Furthermore, they must receive an affirmative acknowledgement of their firearm policy. In other words, they couldn't hide a TPC §30.06 notice in the second to last page of their impossible to find policy document without telling you about it.
HB 1421 (Effective Sept. 1, 2013), SB 1189 (Effective Sept. 1, 2013)
For better or for worse, one of the first bills to be signed by the governor was the bill regarding the auctioning of seized weapons, HB 1421. This bill allows law enforcement agencies to sell seized weapons at public auctions. Only licensed firearms dealers are allowed to purchase these seized firearms at such an auction, and the proceeds of the sale would go directly to the law enforcement agency. This is a new law that will require close scrutiny; while the bill could be enforced in a just and fair manner, the temptation and motivation for abuse by agencies with low budgets is high.
There are also new procedures for the seizure of weapons by police officers from the mentally ill, described by SB 1189. If the officer has reason to believe and does believe that the person is mentally ill, and that because of the mental illness there is a substantial risk of harm unless the person is immediately restrained, then the officer may seize any firearm found in possession of that person.
There is a very involved system regarding the receipt of the seizure, how to reclaim the firearm if you've been released or have received inpatient mental health care. Of note is the fact that, after you've been said to be released, the law enforcement agency will conduct background checks to verify that you may still lawfully possess your firearm.
SB 1400 (Effective Immediately)
The legislature has added a host of new provisions regarding air guns, which they define as any gun that discharges a pellet, BB, or paintball by means of compressed air, gas propellant, or spring.
The law states that municipalities may no longer adopt regulations concerning the transfer, private ownership, keeping, transportation, licensing, or registration of air guns. However, it grants the ability to regulate the discharge of air guns, the use of air guns in the case of riots or other insurrections, and the carrying of an air gun by a minor on public property, or private property without consent of the property owner.
Counties may adopt regulations regarding the discharge of air guns on property 10 acres or less in the unincorporated area of the county in a subdivision.
Interestingly, a municipality may not regulate the carrying of an air gun by a CHL holder at public parks, public meetings of the municipality, county, or other governmental body, political rallies, or non-firearms related school, college, or professional athletic events. So, for frequent paintball players, it may be worthwhile to get a CHL!
HB 48 (Effective Sept. 1, 2013), HB 485 (Effective Sept. 1, 2013), HB 698 (Effective Sept. 1, 2013), SB 864 (Effective Sept. 1, 2013), HB 1349 (Effective Jan. 1, 2014), HB 3142 (Effective Immediately), HB 3370 (Effective Sept. 1, 2013), SB 164 (Effective Sept. 1, 2013) CHL Process Overhaul for First Time Applicants and Renewals.
The process to apply for a concealed handgun license, as well as to renew, has undergone significant modifications. For new applicants, SB 864 has changed how the class is taken. The length of the classroom instruction is reduced to a minimum of 4 hours, not including range time. New applicants will still have to take the class in person. Under HB 48, to renew a CHL all you have to do is submit a renewal application on the internet, pay a fee, and sign an acknowledgement of an "information form" that describes state law regarding when a CHL holder can carry a concealed handgun and the use of deadly force.
There is no longer a requirement to participate in a class, either online or in person, for renewals.
There is also no longer a requirement of providing photos for renewals.
There could have been some perceived conflict between these two bills, as SB 864 states that there are renewal classes but they can be taken online, while HB 48 states that there is no longer a requirement for renewal classes at all. Based on how the two bills are written and the order in which each passed, it appears that HB 48 would be controlling with regards to renewals. In other words, there is probably no longer a CHL renewal class requirement.
Texas Representative Flynn's office confirmed that this is how the two bills are intended to reconcile; Flynn was the author of HB 48, and the sponsor of SB 864.