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Changes to Texas law on firearms
Just rec'd an email on this, haven't verified online yet. As I recollect, Texas had a rather strange legal regime until recently. Possession and ownership were OK, but it was illegal to "habitually carry" a handgun. Exactly what was "habitual" was up to the courts, but it presumably did not mean carrying for a specific shooting trip, and did mean carrying all the time for self-defense. Anyway:
HB 322,
Categories: Concealed carry. Status: Filed 01/06/05. Signed 6/17/05,
effective September 1, 2005.
Relating to concealed handgun licenses for members and veterans of
the United States armed forces.
Extends eligibility for a CHL to members or veterans of the United
States armed forces age 18 or older, including a member or veteran of
the reserves or national guard. Provides an extension of the license
for one year to members or veterans serving outside the US. Cuts
license fees in half for service members or veterans.
HB 823, Categories: Concealed carry. Status: Filed 02/03/05. Signed
6/16/05, effective September 1, 2005.
Relating to an exception to the application of the offense of
unlawful carrying of weapons.
Legalizes carrying a handgun for self-defense without a CHL while
travelling in a privately owned motor vehicle. This is an expansion
of rights, but it may result in a drop in the number of concealed
handgun licensees as those who want to carry only in their car drop
out. As amended, the law requires the handgun be concealed.
Comments
I am not a lawyer, but I did my best to check out exactly what HB823 does, and I had a post on it last month.
http://blogonomicon.blogspot.com/2005/06/some-hb823-details.html
Posted by: Nightgaunt at August 27, 2005 08:45 PM
Hmmm,
IIRC this created open season on carjackers, plus they removed the tagging requirements.
drags, they require the heater to be concealed. oh well,
in english, the law says your ride is part of your domicle so while travelling (presumed to be in your car or a motor vehicle) you have a common law right to carry heat and that is a thing not subject to 'officer' or 'court' interpretation.
another blow on the old Jim Crow gun laws in TX yea!
r
Posted by: r at August 29, 2005 10:48 AM
What 823 did was put the burden of proof on the prosecutor to establish that you were not "travelling". TX law has always had an exemption to unlawfully carrying a weapon for people who were "traveling". Problem is there never has been and still is not a definition of what exactly travelling is.
Posted by: John at August 29, 2005 02:07 PM
I thought this clarification was a great idea, but I see some people intend to ignore it:
" 'It is still going to be against the law for (unlicensed) persons to carry handguns in autos,' Harris County District Attorney Chuck Rosenthal said Monday"
http://www.click2houston.com/news/4913538/detail.html
Posted by: Mark at August 31, 2005 12:48 AM
Sounds OK to me. Houston has too much money in the coffers, and it is time they pay some of it back to the citizens via wrongful arrest lawsuits.
Posted by: Phelps at September 1, 2005 12:27 PM