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by yakadoo
Tue Mar 09, 2021 1:00 pm
Forum: General Legislative Discussions
Topic: TX: 87R 2021 Session SB540 Con Carry
Replies: 13
Views: 20240

Re: TX: 87R 2021 Session SB540 Con Carry

This bill is a bit of a mess.

First, it adds language to 46.02 so that the current restrictions on unlicensed handgun carry apply only to people under twenty-one years of age, and open carry is only allowed in the same manner as for license holders.
However, it also amends 46.15(k) so that 46.02 doesn't apply to anyone who can legally purchase a firearm (not a handgun), effectively nullifying the changes made to 46.02 for all unprohibited people who are at least eighteen years old. Pick an age, Springer!

Next, it duplicates in 46.035(a) the open-carry language added to 46.02(a-2). There is no need for both, especially since 46.02(a-2) is essentially preempted by the change to 46.15(k).

Further, it does not extend the campus-carry prohibitions in 46.035(a-1)-(a-3) to persons without a license, so such persons would not be prohibited from carrying—concealed or openly—on college campuses generally, but would be prohibited from carrying within any buildings, at school-sponsored activities, or on university buses, which would be a confusing distinction.

Finally, what does "unlicensed holder with a handgun" even mean? In this context, what the "holder" is holding is a license; "unlicensed holder" is meaningless. Rather than adding clumsy language that doesn't even make a complete sentence ("Pursuant to Section 30.08, Penal Code (TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN), may not enter this property with a handgun"), the bill should have simply applied 30.06 and 30.07 signs to people without licenses and permitted less lengthy text (like "UNLICENSED HANDGUN CARRY PROHIBITED") on a sign to prohibit unlicensed carry alone.

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