Wednesday, November 12, 2014

Texas Gun Laws Not Loose Enough?

Newsmax reports

Texas has staunchly defended the Second Amendment to the Constitution as it pertains to citizens' rights to bear arms, and its laws reflect that anti-gun control belief.

More than 750,000 state residents have active concealed handgun licenses, and Texas has had a CHL program for 18 years. Also, permit-owning residents of 41 states can legally carry their firearms within Texas' borders.

The Lone Star State already has some of the least restrictive gun laws in the nation. Though machine guns, sawed-off shotguns, silencers, armor-piercing bullets, zip guns, and explosive weapons are prohibited, there is no waiting period for gun purchases, and qualified applicants can carry a concealed firearm with a permit.

Still, Texas is always looking for ways to further support individual liberties. In May 2013, the state House of Representatives passed multiple bills, all co-authored by Republican state Rep. Wayne Smith.


  • House Bill 1076. The measure proactively preserves citizens' rights, and enhances the ability of the police to protect the public. It essentially prohibits state or municipal law officers from knowingly enforcing certain federal gun control laws.

  • House Bill 1314. This bill prevents the enforcement of federal laws that exceed the government's constitutional power by creating a new law for the unlawful seizure of a firearm.

  • House Bill 972. The measure allows concealed handgun permit holders to carry in public institutions of higher education, extending Second Amendment protection to students, faculty, and visitors. Individuals could opt out of the provision, however.

  • House Bill 1304. Protects a permit holder from being penalized for accidentally displaying a handgun.

I find that last one curious. In the same way that castle-doctrine and stand-your-ground laws are redundant to the already existing self-defense laws, this attempt to legalize accidentally displaying a handgun is completely unnecessary.  Furthermore, like the so-called get-away-with-murder laws, legalizing so-called accidents is harmful. Bullying and threatening concealed carry permit holders will be emboldened by having the legal right to "unintentionally" make their weapons visible. 

Instead, it should be incumbent upon them to properly and successfully conceal their guns.

6 comments:

  1. Lets look at each of these laws,

    "It essentially prohibits state or municipal law officers from knowingly enforcing certain federal gun control laws."

    Most real live violent crimes are already part of the laws passed by the state constitution. This bill of course referring to for the most part newly enacted federal gun control legislation. In other words, if the federal government wants to pass a law, its up to them to enforce it, to include making the arrest. It seems to me to be exactly the same as a law the Governor of California signed prohibiting state officials from transferring illegal immigrants to federal authorities for deportation.

    "This bill prevents the enforcement of federal laws that exceed the government's constitutional power by creating a new law for the unlawful seizure of a firearm."

    This sounds like another version of the first bill. Or perhaps it sets specific penalties for officials who violate a citizens rights be unlawfully seizing a firearm.



    "The measure allows concealed handgun permit holders to carry in public institutions of higher education, extending Second Amendment protection to students, faculty, and visitors. Individuals could opt out of the provision, however. "

    This makes public colleges for the most part public property with a few exceptions like hospitals run by the college. Private colleges are private property and can ban carry.

    "Protects a permit holder from being penalized for accidentally displaying a handgun. "

    I love this one. Florida is a state that requires you to conceal your firearm and you can be charged with failing to conceal. Its up to the individual officer's discretion whether to arrest and charge you with this offense.
    Needless to say, accidental exposure can and has been charged. Minnesota avoided this by issuing carry permits, and not concealed carry. There is no requirement to conceal, though most do.

    You sort of missed one I saw in the news shortly after the new Governor was announced,

    "Bill: HB 195

    "Relating to the carrying of handguns; providing for the open carrying of handguns; removing the requirement that a person who may lawfully possess handguns obtain a Concealed Handgun License in order to carry a handgun lawfully in the state of Texas, and conforming changes."

    http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB195

    In other words, Constitutional carry. It would certainly expand the number of states with reciprocity. Texas is sort of a strange animal in that it allows open carry of antique handguns and all long guns, but in order to carry a modern handgun, you need a concealed carry permit.
    Constitutional carry will fix this and maybe cut down on the folk carrying rifles. Seems to work fine in Vermont. Permitted open carry in Minnesota is pretty much a nonissue here and would be a similar nonissue in Texas.

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  2. Instead, it should be incumbent upon them to properly and successfully conceal their guns.

    Wrong. The obvious solution is to repeal the state's ludicrous ban of open carry. Governor-elect Abbot has vowed to sign a bill doing so, if the legislature manages to get one to his desk, so there's hope.

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  3. "I find that last one curious. In the same way that castle-doctrine and stand-your-ground laws are redundant to the already existing self-defense laws, this attempt to legalize accidentally displaying a handgun is completely unnecessary."

    "Instead, it should be incumbent upon them to properly and successfully conceal their guns."

    Well gee, Mike, which is it. Is it incumbent on them to have the gun hidden completely at all times, or does the law already protect you if your coat blows open?

    Or was that incumbent line the new standard that you would like to see in place, because if that is the case, it shows why an otherwise redundant law can be helpful to clarify things so that cops and prosecutors can't push the law in the direction you want.

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  4. These are the same gun loons who told me if you conceal carry no one can tell you have a gun. Still laughing over that one.

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    1. So, how many have you "seen" concealed carrying?

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  5. There are two bill working their way up right now in Texas for Abbot to sign and in an interview yesterday he said he will sign either one. One is just removing the word "concealed" from the current law and a permit is required to carry openly or concealed. The other requires a permit to carry concealed but no permit needed to carry openly. I wonder which one will pass to be signed into law.

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