Major advancements for Texas CHL holders

[Charles L. Cotton]

In just three bills, major advancements have been made on behalf of Texas CHLs and prospective CHLs.

SB299 seeks to make it even more clear that so-called unintentional failure to conceal is not a violation of Tex. Penal Code §46.035(a). The Bill also requires concealment only in public, thus allowing CHLs to show their handguns while on private property such as at a friend's home. No longer will they be forced to leave their jacket on to keep from violating the above-referenced Code provision. Equally importantly, SB299 legislatively corrects the horrible decision by the Dallas Court of Appeals in the McDermott case. Now it is abundantly clear that CHLs, like every other Texan, can rely upon every defense in Chp. 9 of the Texas Penal Code when facing allegations of failure to conceal in violation of §46.035(a). (Importantly, this includes §9.04.)

HB47 reduces the minimum classroom time requirement to obtain a CHL from 10 hours to as little as 4 hours (but not more than 6 hours), plus the time on the range. Many people have stated that they have not obtained a CHL because of the length of the course.

HB48 removes the requirement of taking a renewal class to renew one's CHL. All a person will be required to do is submit the appropriate renewal paperwork, pay the renewal fee, and read/acknowledge any document(s) DPS creates to comply with the notification provisions in HB48. This will do a long way toward making licenses of other states less attractive as alternatives to the Texas CHL. This combined with SB864 will encourage far more Texans to get a Texas CHL now that their investment in terms of time and money are reduced, and they know they will not have to take a renewal course in the future.

HB48, SB864 and SB299 are major changes having a positive impact for Texas gun owners.

Other bills impact CHLs and those will be covered in other posts after they have cleared final legislative hurdles.

Chas.

[eureka40]

Good news MR. Cotton!!!

Thanks for all you do.

[K.Mooneyham]

Excellent! Hat's off to you and all the other fine folks that have worked so hard to get these pushed through.

[Jumping Frog]

Now it is abundantly clear that CHLs, like every other Texan, can rely upon every defense in Chp. 9 of the Texas Penal Code when facing allegations of failure to conceal in violation of §46.035(a). (Importantly, this includes §9.04.)

I am especially glad this has been clarified.

Under current law, I had made the decision that I would never fail to conceal my handgun unless I was justified in using deadly force.

After it goes into effect, it will open the option of displaying a gun as ordinary force and hopefully avoid things escalating to where deadly force was required.

[JALLEN]

When does the class reduction become effective? I'm scheduled to take a class this Friday.

[Keith B]

When does the class reduction become effective? I'm scheduled to take a class this Friday.

September 1 once the Gov signs it.

[JALLEN]

When does the class reduction become effective? I'm scheduled to take a class this Friday.

September 1 once the Gov signs it.

Thanks. I won't wait then.

[AEA]

Deleted

[geoelectro]

My renewal date is Nov. 11. Should I wait until Sept. (2) to start renewal to enjoy these changes? Seems like enough time, or is it cutting it too close?

Geo

[Jumping Frog]

My renewal date is Nov. 11. Should I wait until Sept. (2) to start renewal to enjoy these changes? Seems like enough time, or is it cutting it too close?

Looks to me like you can wait until Nov. 11 to renew:

HB48 (Flynn, R, A+): Relating to the procedure under which a person may renew a license to carry a concealed handgun.
Impact: 1) Removes the requirement to take a renewal course to renew a CHL; 2) Allows a person to continue to carry a handgun in Texas on an expired CHL, if a) they timely filed the required renewal documents; b) paid the renewal fee; and c) have not been notified by DPS that the renewal application was denied.

[Charles L. Cotton]

My renewal date is Nov. 11. Should I wait until Sept. (2) to start renewal to enjoy these changes? Seems like enough time, or is it cutting it too close?

Looks to me like you can wait until Nov. 11 to renew:

HB48 (Flynn, R, A+): Relating to the procedure under which a person may renew a license to carry a concealed handgun.
Impact: 1) Removes the requirement to take a renewal course to renew a CHL; 2) Allows a person to continue to carry a handgun in Texas on an expired CHL, if a) they timely filed the required renewal documents; b) paid the renewal fee; and c) have not been notified by DPS that the renewal application was denied.

Sorry, I failed to update the bill status report and delete the part about continuing to carry on an expired license. That part was stripped out in committee.

Chas.

[TexasCajun]

Given the overall anti-gun climate oozing from other parts of the country, any gains that we're able to make here should be considered a home run. I would have been OK with just not losing any ground. So thanks to everyone who worked long & hard for the gains that we'll all soon enjoy. And I look forward to making further gains in 2015.

[longtooth]

This is the "Summary" I have needed.
Thanks Charles for all the work & before this & for posting here.
This & the rest of the updates will be included starting in my next class.

[Monk]

This indeed great news. And a big thanks to Mr. Cotton for all of his hard work!

[stash]

Anyone know if HB383/SB481 (that's the one regarding whether a TX resident can carry on a out of state license) has passed? Yes, thank you Charles for everything you do for the cause.