HB 1927 on the Senate floor now

[G.A. Heath]

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! ) 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.

I agree that the 30.05 sign should NOT apply to an LTC, but somewhere we will see a case where a dishonest prosecutor and/or LE agency will claim that 30.05(C) says firearm while 30.05(f) says handgun and while one is a subset of the other the language does not provide an exception to the 30.05 signage. They will be wrong, but they will try it. My hunch is Harris County will be the ones to try it.

[TrueFlog]

Sections 46.03(a) (7), (11), and (13) do not apply

to license holders, and (7) is the prohibition against carrying in a 51% establishment. Does that mean that 51% bars will be removed from the list of off-limits places?

No. If they properly post 30.06/7 or the 51% sign it is still an off-limits location:

(p) Sections 46.03(a) (7), (11), and (13) do not apply if the actor:
(1) carries a handgun on the premises or other property, as applicable;
(2) holds a license to carry a handgun issued under Sub chapter H, Chapter 411, Government Code; and
(3) was not given effective notice under Section 30.06 or 30. 07 of this code or Section 411. 204, Government Code, as applicable.

Section 411.204 Government Code is the 51% sign.

Ah, I started getting excited and stopped reading after the part about 30.06 and 30.07. I should've read the rest of that line and looked up Section 411.204.

[Flightmare]

It is being discussed on the house floor right now. Rep Turner has raised a point of order.

[Flightmare]

Point of order withdrawn.

[oljames3]

Point of Order withdrawn. Committee report being discussed now.

[oljames3]

Rep Tuner speaking against HB1927.

[oljames3]

Rep Moody district 78 speaking against the bill.

[oljames3]

Rep Goodwin district 47 speaking against the report.

[oljames3]

Rep Schaefer closing on the report.

[oljames3]

Voting now. Yea 82 No 62.

[Flightmare]

The Senate is scheduled to take up this bill on Monday, 5/24. I am predicting that this passes 18-13 in the senate. If so, it should be on Abbott's desk by the end of the week.

[Gunner4640]

This may have been asked but I can't find it.
What happens to LTC ? Is it going away?

Whats going to happen at gun purchases with background checks for people that have a LTC, is it going to be the wait again to buy?

[Papa_Tiger]

This may have been asked but I can't find it.
What happens to LTC ? Is it going away?

Whats going to happen at gun purchases with background checks for people that have a LTC, is it going to be the wait again to buy?

This bill does nothing to the LTC program. It will be exactly the same (cost, requirements, benefits) as it was before. You still have to look for 30.06/7 and 51% signs, but can ignore pretty much any other anti-gun sign.

[The Annoyed Man]

Does this bill really change anything in regards to those who have their LTC? Or will that remain business as usual?

Based on my analysis, we can no longer be prevented from carrying in government meetings covered by the open meetings act and we get the "belt and shoulder" restriction removed from our holster choices.

This is great news. I’ve been wanting forever to ankle-carry a j-frame BUG while wearing cargo shorts.

[Papa_Tiger]

Does this bill really change anything in regards to those who have their LTC? Or will that remain business as usual?

Based on my analysis, we can no longer be prevented from carrying in government meetings covered by the open meetings act and we get the "belt and shoulder" restriction removed from our holster choices.

This is great news. I’ve been wanting forever to ankle-carry a j-frame BUG while wearing cargo shorts.

Make sure you do it while at a city council meeting for full effect.