What are the Gun laws in TX like?

[mexican_hippie]

This is a synopsis of the new laws enacted 9-1-2007

[quote=On May 28, the Texas Legislature adjourned "sine die," meaning they had no further business to conduct. For most of us, this session was marked with many new travails: unprecedented strife among the lawmakers, opposition of a type and on a scale we had never faced before, and the most ambitious legislative agenda we had ever attempted to pass.


While many groups like the NRA and TSRA are happy to pass a single piece of legislation in Austin, we worked on an aggressive pro-gun legislative agenda composed of nine bills, and secured passage by the House and Senate of eight of them! We are pleased to let you know that all of these bills were signed into law by Governor Perry.


The new laws passed are:


*Castle Doctrine/"Stand Your Ground" Legislation~SB 378 by Senator Jeff Wentworth (R-San Antonio)/Rep. Joe Driver (R-Garland) This legislation puts the protection of the law where it belongs: with the law abiding, not the law breaking. If a criminal unlawfully enters or intrudes into your home, occupied vehicle, or place of business, you can presume that he is there to cause death or great bodily harm and you may use any manner of force, including deadly force, against him. The bill also explicitly states in law that you have no "duty to retreat" from a criminal attack if you are in any place you have a right to be and you are not engaged in unlawful activity. Last, the proposal would limit the ability of criminals and their families to sue victims for killing or injuring their attackers. This was signed into law by Governor Perry, the first bill signed into law this legislative session! It will go into effect on September 1, 2007.


*Emergency Powers Act Amendments~SB 112 by Senator John Carona (R-Dallas)/Rep. Frank Corte (R-San Antonio) This law limits the powers of municipalities to seize or confiscate firearms in times of emergency. This law will ensure that Katrina-style, Mayor Nagin-inspired civilian disarmament will never happen in the Lone Star State. It has been signed into law by Governor Perry and went into immediate effect!


*Replacement for the "Traveling" Law Passed in 2005~HB 1815 by Rep. Carl Isett (R-Lubbock)/Senator Juan "Chuy" Hinojosa (D-McAllen) Currently referred to as the "Motorists Protection Act" In 2005, the Texas Legislature passed a bill establishing that a person is presumed to be traveling if he or she is in a private motor vehicle, is not engaged in criminal activity, is not prohibited by law from possessing a firearm, and is not a member of a criminal street gang. The clear intent was to protect law-abiding citizens' right to carry a handgun concealed for personal protection in their cars or trucks without needing a Concealed Handgun License (CHL).


However, some District Attorneys in Texas have thumbed their noses at the intent of the law and have gone so far as to issue public statements that they will arrest anyone found within their jurisdictions to be carrying a handgun in his or her vehicle without a CHL. HB 1815 fixes that problem once and for all.


HB 1815 includes the same safeguards and requirements passed by the 79th Legislature. However, it will no longer be an offense for Texans to have a handgun in their vehicles or vehicles under their control. It passed unanimously in both houses of the Texas Legislature, was signed by the Governor, and goes into effect on September 1, 2007.


*CHL Confidentiality~HB 991 by Rep. Patrick Rose (D-Dripping Springs)/Senator Bob Deuell (R-Greenville) The bill would prohibit access to information regarding CHL applicants and license holders, except by federal, state, and local law enforcement agencies and their employees. Twenty-six "Shall Issue" states have enacted confidentiality provisions as part of their concealed carry statutes. This bill passed overwhelmingly in both houses and was signed by the Governor on May 23, and went into immediate effect! *Possession of Handgun by a CHL on LCRA Property (Lower Colorado River Authority, SB 535 by Senator Glenn Hegar (R-Katy). This bill clarified problems in the state law that could have led to prosecutions of CHL holders on LCRA property and makes permissible the discharge of a firearm for self-defense. It passed without opposition, was signed by Governor, and goes into effect on September 1, 2007.


*TSRA Specialized License Plate Language Change~HB 2045 by Rep. Larry Phillips (R-Sherman)/Senator Bob Deuell (R-Greenville) This new law will clarify the expenditure process for thousands of dollars raised by TSRA members purchasing special organizational license plates. It passed without opposition, was signed by the Governor, and goes into effect on September 1.


*Laser-sight Hunting of Texas Game Animals for Visually Handicapped Hunters~HB 308 by Rep. Edmund Kuempel (R-Seguin)/Senator Craig Estes (R-Wichita
Falls)
Despite media hoopla, Texas is not passing a law to make it legal for blind people to hunt. It is currently legal for anyone with a Texas hunting license, and no handicap is excluded. Passage of HB 308 will create a better hunting experience and more ethical shot for legally blind hunters when hunting with a sighted spotter of a certain age. This bill passed with no opposition, other than that of radio talk show hosts, was signed into law by the Governor on June 15, and went into immediate effect.


*Protect Second Amendment Rights for Foster Parents~SB 322 by Senator Bob Deuell (R-Greenville)/Rep. Dan Flynn (R-Van) The homes of foster children are regularly and thoroughly inspected for any number of hazards including storage of medicines, power tools, swimming pools, hazardous chemicals, firearms, and even car keys!


However, a new administrative rule developed by Texas Child Protective Services would have called for the removal of all firearms from the property of foster parents with "special needs" children. These CPS rules would have been the most restrictive in the country, even more restrictive than those in New York or California! This regulation would have effectively ruled that foster parents be deprived of their Second Amendment rights and the ability to protect the children in their care. CPS has been forced to return to the "safe storage" rule that has never been known to cause a death or injury to a foster child. This bill passed overwhelmingly, was signed into law by the Governor on June 15, and went into immediate effect.


In addition to passing these bills, we succeeded in stopping (in their tracks)
bills that would have mandated the following:
An end to gun shows in Texas as we know them (HB 594, by Yvonne Davis of Dallas)
A smorgasbord of anti-gun favorites rolled into one: one-gun-a-month, DPS
registration, waiting period, and an end to private transfers (HB 595,
also by Yvonne Davis of Dallas). This bill actually would have required
DPS approval for every handgun sale by a dealer OR individual in the State of Texas!


As you can see, the pro-freedom forces did very well in Austin during the 140 days of the 80th Legislative Session![/quote]

[mexican_hippie]

Just wanted to clarify the confusion.

The law applied to carrying weapons in vehicles used to be very confusing.

That's no longer the case.

It IS LEGAL to carry a loaded handgun in you vehicle (concealed) without a Concealed Handgun License.

But yes, I would definitely let any officer pulling you over know you have one concealed. You dont want to accidentally get shot if it falls out or you reach for papers near a gun. I wouldn't want to be surprised like that if I was an officer walking up to a car. It also shows more respect for them and honesty that I'm sure they'll appreciate.

[GANKS]

TX is pretty liberal when it comes to gun laws, however I see very few gun stores, etc around Austin. I have a WA CHGL and it is recognized here. I can renew my license in WA state for $30 or take the TX course and pay $175 so I will be renewing my WA one as long as it is recognized here.

In 1995 I was carjacked the day I took my Utah CHGL course (talk about crazy coincidences). Luckily I had my Glock 9mm with me and my wife and I were able to get out of the situation without having to shoot the 2 criminals that attacked us (they punched through my driver's window). I'll never forget the look on the jacker's face when I had my Glock aimed at his head from less than 2 feet away. The police who responded were upset I hadn't put the criminals down (It happened so fast I couldn't see what kind of weapon, if any, they had.)

Now that I have kids I rarely carry but I like to know that I can if I want to. Also, a CHGL is the best way to get yourself out of a ticket.

Tomorrow a group of us from work are going shooting, my first time in TX.

In this state you can own legal class III firearms with a $200 tax stamp so it is legal to own full auto guns, silencers and short barreled assault weapons. Despite what many would think, since 1986 (when the law went into effect there has only been one person convicted of using a legal machine gun in a crime (and it was a retired or off duty cop). Most of the owners of those weapons are collectors and most of those weapons can exceed $30-$40K or more for a new in box condition weapon.

[Peteg]

Originally Posted by Mike78613

Roses, I think all gun owners should own a safe. I have a safe that cost more some of my guns, that's for sure!


As for CHGL, I have one. Also, I did carry ONLY when travel when I did not have a CHGL, read up on the law's. You have to right to carry as long as you are going between county-lines. Also best to keep gun and ammo away from each other w/o a CHGL's.

Sir the law does not and has not ever mentioned county lines.
The qualifier being crossing through one county other than the county of your residence into at least a third county for a period of at least 24 hours etc is a myth!
It has been the burden of proof was on the citizen to prove travel.
The new law in effect as of Sept. 1, 2007 states if you are the owner etc of the car, vehicle and are in it your presumed to be traveling.
The weapon must be concealed!
I saw somewhere on this blog where someone stated the weapon must be in clear view. NO! NO! NO! It must be concealed.
In your belt out of site, in a console, under a towel something but it must not be visible.
By all means let an officer know if you have a weapon if stopped.
If your drinking, OHWELL................

[Peteg]

Originally Posted by nativeDallasite

You don't need a permit to have a concealed weapon in your car...not since September 1, anyway. The cops don't like it though.

Cops do like it.
I have it on good authority.
I used to be one.
I have friends who are. They all like it.
They by and large are citizens too.

I just left Dallas Sunday.
Saturday night I had dinner with a DPS Officer in Addison.
He loves it!

[edge_gordon]

Interesting. Used to live in Bastrop county.. crossed county lines every morning and evening. Carried a beautiful .357 in the trunk with speed-loaders, in a case. Also had a 5-cell mag lite under my seat.
Figured the case would leave a dent, if the mag-lite didn't.
Learned to put my hands on the ceiling when pulled over, until the enforcer got to the window and I could say "my wallet is here, I have x, y, and Z here and there. They appreciate the courtesy.
Kept me out of trouble once or twice.
Meanwhile.. natural born Texans like me, grew up with guns. They are just tools, like a hammer or a lawnmower. As good as the user.
The Luby's lady lost both her parents, her mother trying to rescue her father, herself trapped away from something which might have saved every life, at the expense of one bit of lead, and a life gone wrong.
A failure of the mental health system, of the social and health systems in general. Guns are a poor solution. But, until the craniorectal inversion of health and social services in the US is addressed, it's one solution, for some.
I grew up with this.. I will carry, when I come back home. I voted for it, before I left. I also voted for light rail, but, whatever.
Statistics point to drops in casual crime, in concealed carry districts. In a city where a knock on the door can be followed by a break-in, it's not a bad idea to have something other than a scream as backup.

Large dogs are not compatible with our small neurotic cat.. and I would hate losing one like that.

edge

[Addison24]

I had a quick question. Is there a law in Texas regarding the time limit for reporting a lost or stolen firearm?

I got a CHL last year after being mugged at gunpoint for the 2nd time. After getting the license I started carrying a small Darrenger in the console of my car. My wallet was stolen out of my car on Friday and when I searched further I realized that the gun was missing too. I starting calling the Dallas police to report the firearm, but couldn't get through to the right person to file a report until just now.

I know I'm probably the most irresponsible person in the World for leaving the gun in there and for not realizing it was gone sooner. I feel awfull realizing that because of my negligence that gun may be in the wrong hands now. The police officer was rather angry with me over the phone for taking four days to report the theft. He sounded like I could be in serious legal trouble for this. I guess I deserve it, but do you know what the law is for this?

I appreciate your help.

Thanks

[wakingdark]

oh ok but since you dont need a special permit or liscense to buy a gun can you still take it out of the store and take it home without a chl

[Kwicko]

Sorry I'm walking into this so late; I just found this place, and wanted to share some info and a story or two...

Originally Posted by wakingdark

oh ok but since you dont need a special permit or liscense to buy a gun can you still take it out of the store and take it home without a chl

Yes. Keep it in the bag, or put it in a case if you bought one with the handgun, and put it in the trunk. DON'T wave it around, or you're asking to be "talked to" by any passing Law Enforcement Officers (LEOs).

A note about Concealed Handgun Licenses and the people who hold them: In the eyes of MOST police officers that I've talked to, they are seen as a GOOD thing. A lot of that is psychological - you going to the trouble to get a license says to the police that you are a law-abiding person, first and foremost. It also says that you're not a career criminal - or are a very good one, because convicted felons don't get CHGLs, nor are they allowed to buy firearms or legally own them in most cases.

I've got a couple friends who are cops, and a couple others who have CHGLs, and they pretty much agree on the correct procedures if you get pulled over. The CHGL is going to come up when they run your driver's license, so it's MUCH better to bring it up in the first place. Here's how they say it usually goes:

1) Pull over and turn off the ignition. Don't get out of the car, don't root around in the glovebox, don't dig around under your seat.

2) DO put your hands on the wheel or on the windowsill of the car - the cops generally like putting your hands on the sill, because they can clearly see both hands.

3) When the officer approaches, politely tell him that you are a CHG licensee, and that you have your weapon in the car with you, and where it is, and whether or not it's loaded.

4) Many officers will ask that you slowly hand them the handgun, and they'll keep it while they proceed with their business. Some will remove the magazine or the bullets.

5) When the stop is concluded, the officer will hand you back your gun, and in some cases, will separately hand you your ammunition. Some will just hand the gun back still loaded.

In MANY instances where the stop has followed these procedures, the officers have told me they ended up writing the people warnings instead of tickets, mostly because they were so honest and straightforward with them from the outset. It isn't supposed to matter, but attitude DOES make a difference.

I spent two weeks a few years ago traveling around the western U.S., camping as I went. I took along a Ruger P85 9mm handgun for self-defense, just in case, because I was traveling alone and spending every night outdoors. As luck would have it, I got pulled over for speeding (because I was indeed speeding) in Utah, by a state trooper. He asked if I knew why he pulled me over, and I said, "Because I was speeding." He asked if I knew how fast I was going, and I said my speedometer showed 95mph. He said he clocked me at 98, so my speedo was close... He asked me to get out of the car, and asked if it was okay with me if he looked around inside. I told him that was fine, but that he should know that there was an unloaded gun in the cargo area, the magazine was in the glove box, and there was a knife in my door pocket. He looked a little taken aback - "What do you have all that for?" he asked. I told him my circumstance - traveling alone, sleeping outdoors - and he was fine with it. He gave me my keys, handed me a warning, and told me to stay safe and slow it down.

Now, if I'd been evasive, and if he'd found the gun and knife on his own, I think it would have been a much different outcome!

Mike