U.S.A. –-(AmmoLand.com)- On 24 May, Monday afternoon, the last significant legislative hurdle for restoring Constitutional Carry to Texas was overcome.
After years of toil, time and trouble, of betrayal and loyalty, of primaries and resignations, a significant Constitutional Carry bill has passed the Texas Legislature and is expected to be sent to Governor Abbott.
HB1927, in its final form, passed the House 82-62, and reported privately to me, passed the Senate on a straight party line vote.
Constitutional carry is a reasonable facsimile of the state of law about the carry of weapons when the Second Amendment was ratified, in 1791. At the time, no government permits were required to carry weapons, openly or concealed, by any State or the Federal government. That situation remained the state of law for about two generations.
It is almost certain Texas will become a member of the Constitutional Carry club in 2021. It will make Texas the 21st state to join the club. There have not been any statistically significant ill effects from Constitutional Carry in any of the previous 20 states.
HB 1927, in its final form of the Conference Committee report contains some relatively minor amendments wrangled over and included in the legislative process.
Here are some highlights of HB 1927, as interpreted by this correspondent, who is not a lawyer.
1. Peace Officers may disarm a person at any time the officer reasonably believes it is necessary for the protection of the person, officer or another person. The officer shall return the handgun if the officer determines the person is not a threat before the person leaves the scene.
2. Peace Officers, in the lawful performance of their duties, may temporarily disarm a person when the person enters a public, non-secure portion or a law enforcement facility, if a gun locker or other secure storage areas is/are provided. The firearm shall be returned immediately after the person leaves the unsecured area.
3. Persons convicted of illegal possession of a weapon under Section 46.02(a), before September 1, 2021 are :
“entitled to have all records and files relating to the arrest expunged”
Subject to certain time limits and procedures.
4. Carrying a firearm, if forbidden to do so in public, has a five-year mandatory sentence.
5. The Department of Public Safety will publish a report on firearm statistics related to the carrying of firearms each year.
6. The department of Public Safety will create a course on firearm safety and handling, available on the Department’s Internet site, freely accessible to the public.
7. In order to legally carry without a permit, in public, outside of a motor vehicle, it is required the person has not been convicted of one of the following offenses in the previous five years:
- Assault with bodily injury;
- Â Recklessly engages in conduct that places another in imminent danger of serious bodily injury (shooting at building or cars, or pointing guns at people);
- Making a terroristic threat;
- Discharging a firearm in a public place other than a public road or sport shooting range;
- Displays a firearm in a public place in a manner calculated to alarm.
8. A person who is a member of a criminal street gang may not carry a handgun on or about their person in a motor vehicle or watercraft. (with exceptions for traveling, hunting, or fishing).
9. Creates the signage requirement for a 30.05 sign to go with the 30.06 and 30.07 signs. The 30.05 sign is not necessary if 30.06 or 30.07 signs are used.
The law, if signed by Governor Abbot, will go into effect on 1 September, 2021.
While HB1927 is not perfect, it removes 90% of the restrictions against Constitutional Carry which existed before the bill passed. 90% of adults will be able to carry, without government permission, in 95% of the places they could not carry before.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
Nitpick. The governor does not have to sign the bill for it to become law, according to https://www.house.texas.gov/about-us/bill/. It’s under the Governor’s Action section.
Texas got a piece of its cake returned with ice cream on top by the sounds of it. Congrats Texas ! “There have not been any statistically significant ill effects from Constitutional Carry in any of the previous 20 states.” Vermont has from it’s admittance and before to the union in 1791,as the 14 th. state, it has never known any form of it “pleases the crown may I”. In all the two centuries past never has it’s lanes, dells and meadows ran red with blood and neither has any state that adopts what the founders intended. It’s been a… Read more »
the only stupid thing out of vermont is the mag size limit should be taken to court and dumped
It was and was found to be constitutional, what was also discovered was the VSC justices first duty was not to that of the Vermont state constitution.
This is far from constitutional carry. At best this could be considered “permitless carry” considering the purchase of a permit is no longer required however even that is dubious considering the state is essentially only “permitting” certain people to carry in certain places at certain times and only in certain ways. Republicans have been killing constitutional carry for a decade and they’ve done it again this session. The two bills closest to constitutional carry were killed in committee and the sent a compromised carry bill to the floor for votes which was then weakened again before passing. These Fudds need… Read more »
First thing officers will be doing on every scene is disarming everyone. Which undermines the entire premis of 2A, which is preventing a government monopoly on use of force. And “terroristic threat” is so loosely defined, it dhould never be used to deprive s citizen of his rights.
RTG, it has been if you are detained, you can be temporarily disarmed. I think that was judicial rulings, not legislative law.
Several of the misdemeanors are pretty vague, so I do you believe you have a point there.
Indeed. If a person is a threat, you haul their ass into jail and charge them with a crime. This half-assed crap is ripe for abuse. Mr. Officer gets to play judge and jury about whether or not to deprive someone of their second ammendment. No doubt Houston and Austin are going to abuse the the hell out of this. Hold stuff for months while waiting for hearings and then develop a terrible habit of “misplacing” the guns.
This bill is still way too wstered down. It’s not a right if the jsckbooted thugs in government employment can tale it away at will. “Pointing guns at people”? Heaven forbid you should find yourself in a situation where you have to point your gun at someone. Might as well not jave one. Maybe pointing it at some dumbass keeps you from having to shoot him. In my 22 years as an officer, i never had to shoot anyone; but I pointed my pistol at someone probably once a day, on average. And the “holster” mandate needs to be revised,… Read more »
So what is the gist of 30.05 sign? The other two forbid licensed carry, separating concealed and open – guess they both are unchanged with effect so extended to unlicensed carry. I’d also guess 30.05 forbids unlicensed carry in any form. Got to wonder how enforcing that is going to go.
Texas Lawshield is said to be working on their take. For now the most detailed, not legal advise explanation I have seen regarding signs and the rest of the bill is here. https://texas.gunowners.org/hb-1927-final-version-what-does-it-say/