HB 560 - Holy Grail?

[ELB]

Airport secured area is part of 46.03. Does this mean this Bill allow carrying into secured area of airport?

Going by memory here, but...no.

It just means that the State of Texas will not prosecute you for doing it. Federal regs prohibit bringing a firearm (and probably all other weapons) into the secure area of an airport, but I believe the penalty is civil, i.e. a fine ($10K IIRC). I suspect you could also be banned from flying commercial again, but less certain about that.

My understanding is that when TSA or whoever detects a firearm, they call the local police to come deal with the person who has it. In New York, New Jersey, etc unless you have a license from that state (and from NYC if the airport is in NYC), you go straight to jail. In Texas, since the last Legislature, law enforcement is required to give you (assuming you have an LTC) a chance to take yourself and the gun out of the secure area/away from the checkpoint without arrest.

It appears under HB560, if it passes, local law enforcement will no longer have any reason to arrest you for simply having the gun in the secured area.

Or so it appears to me at the moment, I'm still studying all the parts of this thing.

[ELB]

Working my way through the bill in detail...

From HB 560 as filed:

SECTION 1. Section 30.06(e), Penal Code, is amended to read as follows:
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity [and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035].

The part in bold italics is in strike-thru font in the bill text.

30.07 has identical language, but it is not amended by the bill. If I understand this correctly, then open carry on certain governmental premises would still be illegal if those places fall into 46.03 or 46.035? (e.g. schools and institutions of higher learning?)

[jsclark12]

I emailed a thank you to Rep Springer and gave him my full support.

I also sent an email to my State Rep and Senator asking them to support this piece of legislation.

I plan to write letters over the coming months as well as keep emailing.

How squeaky of a wheel should I be before my correspondence hits the trash bin?

Josh

[BigGuy]

Email sent to my (R)ep. Thank you Mr. Cotton so much for this board and threads like this. I will continue to monitor activity here and answer calls to action. I also appreciate the discussion by members more knowledgable than me on subjects like this.

ETA:
I also emailed a thank you to Rep. Springer and told him I've contacted my Rep. asking him to support the bill.

[mr1337]

Working my way through the bill in detail...

From HB 560 as filed:

SECTION 1. Section 30.06(e), Penal Code, is amended to read as follows:
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity [and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035].

The part in bold italics is in strike-thru font in the bill text.

30.07 has identical language, but it is not amended by the bill. If I understand this correctly, then open carry on certain governmental premises and places if those places fall into 46.03 or 46.035? (e.g. schools and institutions of higher learning?)

The bill would exempt LTC holders from 46.03, and it also repeals much of 46.035.

Code: Select all

 SECTION 11.  The following provisions are repealed:
  	             (1)  Section 104.06, Alcoholic Beverage Code;
  	             (2)  Sections 411.203 and 411.204, Government Code;
  	             (3)  Section 52.062(b), Labor Code;
  	             (4)  Section 46.03(f), Penal Code, as amended by
  	Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th
  	Legislature, Regular Session, 2015;
  	             (5)  Sections 46.035(b), (c), (f)(1), (i), (k), and
  	(l), Penal Code; and
  	             (6)  Section 46.035(h-1), Penal Code, as added by
  	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
  	Legislature, Regular Session, 2007.

[ELB]

Working my way through the bill in detail...

From HB 560 as filed:

SECTION 1. Section 30.06(e), Penal Code, is amended to read as follows:
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity [and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035].

The part in bold italics is in strike-thru font in the bill text.

30.07 has identical language, but it is not amended by the bill. If I understand this correctly, then open carry on certain governmental premises and places if those places fall into 46.03 or 46.035? (e.g. schools and institutions of higher learning?)

The bill would exempt LTC holders from 46.03, and it also repeals much of 46.035.

Code: Select all

 SECTION 11.  The following provisions are repealed:
  	             (1)  Section 104.06, Alcoholic Beverage Code;
  	             (2)  Sections 411.203 and 411.204, Government Code;
  	             (3)  Section 52.062(b), Labor Code;
  	             (4)  Section 46.03(f), Penal Code, as amended by
  	Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th
  	Legislature, Regular Session, 2015;
  	             (5)  Sections 46.035(b), (c), (f)(1), (i), (k), and
  	(l), Penal Code; and
  	             (6)  Section 46.035(h-1), Penal Code, as added by
  	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
  	Legislature, Regular Session, 2007.

Yes, but that doesn't directly answer my question. Looking at it again tho, it appears that licensed open carry on colleges, universities, junior colleges etc would still be illegal, which falls in line with Mr. Cotton's earlier analysis that the campus carry stuff was left alone.

[mr1337]

Working my way through the bill in detail...

From HB 560 as filed:

SECTION 1. Section 30.06(e), Penal Code, is amended to read as follows:
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity [and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035].

The part in bold italics is in strike-thru font in the bill text.

30.07 has identical language, but it is not amended by the bill. If I understand this correctly, then open carry on certain governmental premises and places if those places fall into 46.03 or 46.035? (e.g. schools and institutions of higher learning?)

The bill would exempt LTC holders from 46.03, and it also repeals much of 46.035.

Code: Select all

 SECTION 11.  The following provisions are repealed:
  	             (1)  Section 104.06, Alcoholic Beverage Code;
  	             (2)  Sections 411.203 and 411.204, Government Code;
  	             (3)  Section 52.062(b), Labor Code;
  	             (4)  Section 46.03(f), Penal Code, as amended by
  	Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th
  	Legislature, Regular Session, 2015;
  	             (5)  Sections 46.035(b), (c), (f)(1), (i), (k), and
  	(l), Penal Code; and
  	             (6)  Section 46.035(h-1), Penal Code, as added by
  	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
  	Legislature, Regular Session, 2007.

Yes, but that doesn't directly answer my question. Looking at it again tho, it appears that licensed open carry on colleges, universities, junior colleges etc would still be illegal, which falls in line with Mr. Cotton's earlier analysis that the campus carry stuff was left alone.

That's correct, TPC 46.035(a-1) stays in place and is not repealed. That's the offense of open carrying on an institute of higher education.

[locke_n_load]

So with passage, you could conceal or open carry at primary/grade schools correct, just no OC at colleges? Don't think I would OC in a grade school (maybe dropoff at door), but it would be nice to know that it's not a crime.

[AJSully421]

So with passage, you could conceal or open carry at primary/grade schools correct, just no OC at colleges? Don't think I would OC in a grade school (maybe dropoff at door), but it would be nice to know that it's not a crime.

I'd be OK with making it like a college campus, CC is fine but no OC. Then we can chip away at the OC part later.

We can expect HUGE push back from HDHV on this one.

[skavoovie]

Faxed my (R)ep and sent a thank you email to Rep. Springer.

Included SB16 [85(R)] in my fax to my rep, but made it very clear it was no where near as important as HB560.

[TresHuevos]

So with passage, you could conceal or open carry at primary/grade schools correct, just no OC at colleges? Don't think I would OC in a grade school (maybe dropoff at door), but it would be nice to know that it's not a crime.

I'd be OK with making it like a college campus, CC is fine but no OC. Then we can chip away at the OC part later.

Likewise.

[locke_n_load]

As long as I can OC up to door I'm cool with that (as is currently legal).
I prefer to OC due to the ease of carry (have to arm/disarm a lot), and I have a 2 year old. Would like to keep it in OWB holster when dropping off (may include getting out to give a hug) at grade school.
I should probably invest in [pre-paid legal] or something similar once she gets to grade school...

[vjallen75]

As long as I can OC up to door I'm cool with that (as is currently legal).
I prefer to OC due to the ease of carry (have to arm/disarm a lot), and I have a 2 year old. Would like to keep it in OWB holster when dropping off (may include getting out to give a hug) at grade school.
I should probably invest in [prepaid legal] or something similar once she gets to grade school...

My wife is of the mindset that we should never be allowed to carry in a school. She thinks only teachers should be allowed and I do not share her sentiments. If a teacher can carry I should be allowed to as well. I know I'm preaching to the choir but no one shares our thought process of protecting our family at all costs even over our own lives. A teacher could be compromised for self protection over others should certain circumstances arrive.

I am curious to hear Charles description of this bill and what this bill fully entails. I'm patiently waiting like a child on Christmas Eve

[Pawpaw]

As long as I can OC up to door I'm cool with that (as is currently legal).
I prefer to OC due to the ease of carry (have to arm/disarm a lot), and I have a 2 year old. Would like to keep it in OWB holster when dropping off (may include getting out to give a hug) at grade school.
I should probably invest in [prepaid legal] or something similar once she gets to grade school...

That won't do any good. They only help if you use your gun, whether you fire it or not. Just carrying does not qualify as "using".

[SIGFan43]

I am totally confused as to what the passing of this bill would allow or disallow. What effect would this bill, if passed, have on the current validity of 30.06 and 30.07 signs on restaurants, apartment complexes, and other businesses?