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by denwego
Sun May 23, 2021 6:23 pm
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 119722

Re: HB 1927 on the Senate floor now

G.A. Heath wrote: Sun May 23, 2021 5:14 pm My concerns with the committee report regard section 30.05 creating a potential "grey area" that some less than honest law enforcement agencies and prosecutors may try to exploit (Good thing we don't have any of those in Texas! "rlol" ) should this become law. The 30.05(c) section/sign mentions/specifies firearms and section 30.05(f) specifies handguns.
Essentially the case could, and likely will, be made that 30.05 applies to all firearms, including handguns carried under an LTC. Will it hold up in court? Depends on the appellate judges, defendant(s), and the quality of the attorneys on both sides.
Even with this concern I like what I see so far in my glancing over the bill.
Nothing will change with folks who have a LTC in regards to 30.05/30.06/30.07, with the exception that the language was changed to remove references to "belt or shoulder" holster. The text for 30.05(f) from the committee report is still:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a holster.
So the same defense still applies for the current law. The added language to 30.05 in regards to permitless carry is actually a nice improvement, because right now if you are carrying a pocket knife and someone puts up a generic "no weapons" sign, it's a Class A misdemeanor, and with HB1927 all firearms/weapons-based trespass prohibitions are dropped down to a Class C $200 fine unless you're told personally to leave and you stick around for some reason. Very, very nice quality of life improvement.
by denwego
Wed May 05, 2021 6:48 pm
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 119722

Re: HB 1927 on the Senate floor now

Papa_Tiger wrote: Wed May 05, 2021 6:39 pm I can't wait to see the engrossed text to really know what was in the amendments that were passed.
One of the amendments that Schwetner put forth and was approved in the Senate version was a provision that deleted the House amendment that 46.03 only applies if you're personally given notice about a prohibited location... honestly, more than anything, that's what I want out of the bill to go into law. A big segment of my day to day life is impinged by the notion that "no no no, this place is special, you don't get to legally carry here, not for you!". All pigs are equal but some pigs are more equal than others.
by denwego
Wed May 05, 2021 6:38 pm
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 119722

Re: HB 1927 on the Senate floor now

PASSED!

Edit - of course, this means a conference committee, which is all sorts of stupid. But we're on our way!
by denwego
Wed May 05, 2021 6:19 pm
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 119722

Re: HB 1927 on the Senate floor now

Hinojosa's nurse really should do a better job of keeping him sitting in his wheelchair, much like Biden. How someone that addled gets elected, wow.
by denwego
Wed May 05, 2021 5:42 pm
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 119722

Re: HB 1927 on the Senate floor now

Eckhart just admitting that she gave a convicted wifebeater deferred adjudication as a prosecutor so law abiding people shouldn't carry guns... classic. Absolutely classic.

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