HB 1911 Question

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jerry_r60
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HB 1911 Question

#1

Post by jerry_r60 »

If I'm following HB 1911 correctly it seems to improve several things however I don't understand one part. It seems to remove any defense for having an unconcealed handgun in a vehicle. I don't know how to do a strike through here so the text that is removed is inside the brackets.

"[, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster]"

This is the text that protects a license holder. I get it if it was making it ok for anyone, not just a license holder but I'm not seeing that, it looks like it does the opposite. What am I missing? I think this is language that was added for open carry last time.

(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle or watercraft that is owned
by the person or under the person ’s control at any time in which:
(1) the handgun is in plain view[, unless the person is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, and the handgun is carried in a shoulder or belt
holster]; or
....
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Flightmare
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Re: HB 1911 Question

#2

Post by Flightmare »

https://capitol.texas.gov/Search/DocVie ... &DocType=B
Scroll down a bit and you get to this section.
(m) Sections 46.02(a) and (a-1)(1) do not apply to a person
who:
(1) carries the handgun in a concealed manner or in a
holster;
(2) meets the requirements under Sections
411.172(a)(1)-(13), Government Code; and
(3) is not:
(A) a member of a criminal street gang, as
defined by Section 71.01;
(B) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating; or
(C) in a location in which carrying a handgun or
other firearm is prohibited under Section 46.03(a) or 46.035(b) or
(c) or other law.
Deplorable lunatic since 2016

Topic author
jerry_r60
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Posts in topic: 2
Posts: 594
Joined: Tue Mar 08, 2011 6:47 pm

Re: HB 1911 Question

#3

Post by jerry_r60 »

Flightmare wrote: Thu Mar 25, 2021 7:31 pm https://capitol.texas.gov/Search/DocVie ... &DocType=B
Scroll down a bit and you get to this section.
(m) Sections 46.02(a) and (a-1)(1) do not apply to a person
who:
(1) carries the handgun in a concealed manner or in a
holster;
(2) meets the requirements under Sections
411.172(a)(1)-(13), Government Code; and
(3) is not:
(A) a member of a criminal street gang, as
defined by Section 71.01;
(B) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating; or
(C) in a location in which carrying a handgun or
other firearm is prohibited under Section 46.03(a) or 46.035(b) or
(c) or other law.
Thanks, I scrolled but clearly missed that.
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RoyGBiv
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Location: Fort Worth

Re: HB 1911 Question

#4

Post by RoyGBiv »

Legislative drafting is best viewed when freshly caffeinated, after a good night sleep, IF you want to really read it.

Reading it before bedtime is a better sleep aid than Melatonin. :lol:
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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