phillips-larry

TTAG reader DH writes:

The House Homeland Security and Public Safety Committee met today and heard a variety of bills. Two bills of note, the aptly designated HB308 which would expand current CHL holders to carry in churches, hospitals, amusement parks, etc…”guns everywhere” bill, and HB284 which would change the minimum caliber from .32 to .22 to qualify with for s CHL. HB284 had no opposition. Several people testified for it. HB308 had the usual moms, Dems and Docs forecasting doom and gloom and blood running in the streets . . .

Fortunately, Chair (Larry) Phillips kept focus and reminded the hoplophobes that carrying on private property is at the discretion of the owner. If the flock doesn’t want guns, the preacher can post a 30.06 sign. Private property is private property.

The spokeswoman for Mikey’s Manic Moms had a few gems. First one said she represented the “150K Texas Moms who oppose HB308…”

She also said this gem…”We support the 2nd Amend, but the 2nd amendment allows for some common sense.” – I’m pretty sure that we would differ in our interpretation of that.

Another MDA “volunteer” said the legislature should be working to support background checks “because that is the only proven way to keep guns out of the hands of dangerous people”…

They did vote out a couple of bills to the floor, one of which was HB593, supported by canines throughout Texas – “paws up, don’t shoot”. It requires animal encounter training for law enforcement officers. No doubt in response to the Austin PD’s current Glock oriented method.

HB910 (Open Carry) and HB937 (Campus Carry) were not voted on today, and are still pending in committee.

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43 Responses to Texas Legislative Update: Reduced “Gun-Free Zones” and Caliber Qualification

  1. Thanks again for the report. 308 sounds like it could make all our lives easier. I really hope it passes.

    I spent some time today with Straus’ (he’s my rep) local staffer bending her ear about open carry and campus carry. This is an exciting time, and I’m really hoping this doesn’t all end in tears this time like last session when campus carry only passed the house.

  2. If all these good bills become law, Texas will be on its way to becoming a habitable state for gun/2nd amendment lovers. Almost as half as good as Az, Nm, Al, Ar, Ak, Wa, Mt, SD, ND, NC, VA, NH, OH, Me,Mo, Ks, Wv Vt, Mi, Ga, Nv, In, and probably a few more.

    • Sure, Texas’ firearms laws might not be as good as many of the states you list, but Michigan? Where you have to register your handguns with the local police? That’s better than Texas?

      • I think Texas and Michigan are somewhat of a toss-up.

        Michigan has constitutional open carry of handguns and long guns without any bologna about intent to cause a panic; Texas has no open carry of handguns (although we are all hoping they pass licensed open carry as a step in the right direction) and legally perilous carry of long guns if the police want to claim you carried with intent to cause a panic.

        While both Michigan and Texas have a long list of “handgun-free zones”, Michigan concealed carry licensees are exempt from “handgun-free zones” if they carry openly.

        Michigan has handgun registration, Texas does not.

        Michigan has no provision for long gun carry in automobiles and you can only have a handgun in an automobile if you have a concealed carry license (unless your handgun is unloaded and locked in a case or trunk). Texas provides for handguns in your car, without any license, if it is not in plain view.

        “No gun” signs have no force of law in Michigan and carrying concealed with a license into “handgun-free zones” is a civil infraction (fine plus loss of license for some number of months). Texas’ 30.06 signs provide for a stiff misdemeanor penalty and carrying concealed into “handgun-free zones” is anywhere from a misdemeanor to a felony.

        Like I said, I think it is a toss-up. Both states have pros and cons.

      • Handgun registration is one of the few problems we have in MI. We already have open carry allowed for non fellons, Shall Issue CPL, NFA devices are now ok, and long guns are still private party sales. Yes the handgun registration sucks, but we can probably push to get that dropped if we elect a pro 2 A gov, our current R is 50/50 when guns come to the table.

    • Yeah you forgot Kentucky in your list. We can already carry in many of those places mentioned in 308, not to mention we have unlicensed open carry AND the signs don’t carry force of law. Our laws aren’t perfect but they’re great!

    • When I got my GA CC permit I was able to use my Army pistol qualification as proof of training. That made a lot of sense seeing as how I spent weeks training with it as opposed to the day or two of training most states require.

      In TX I don’t have this option. Sucks.

      • what base did you do your pistol training at? i was in the army for 14 yrs and we never had any more than 1 day of training for pistols or M16s for qualifications.

        • I’m prior 11b. We spent days and days at the range for all kinds of stuff.

          I got further training and got to shoot a lot when I was working as a deployed reservist at Benning. We were deploying soldiers and civilians overseas and every cycle had a weapons qual portion. This meant if I went with all the brass to the pistol range, sometimes I got to screw around all day with M9s.

          As an aside (not that anybody cares) it was around this time that I started getting pretty good with pistols.

      • You can actually use your military pistol qualification to bypass the range portion of the CHL class in Texas. The problem is, they want your qualification page with your score from the day of the shoot, and nobody keeps that or puts it in your records.

        Though I’m sure you could talk your gunners mate or whatever the army equivalent is to fill out the state score sheet with your score from the last one.

        • I actually have my scores from the day of a shoot. That’s what I used in GA. I’m not opposed to the shooting portion, though – it’s easy. Especially now that I can probably bring my AR pistol for giggles.

    • You also forgot about Utah. We tied for first place according to “Mayors Against Illegal Guns” for least restrictive firearms laws. We have permit less open carry, campus carry, NFA items are fine. We are missing permit less concealed carry & our Castle Doctrine is stronger.

  3. Proof that labels and stereo types aren’t always what they seem. A kindly looking old granny can be a real nasty character and caring loving moms can be so obtuse, you really get this sickened feeling that they are rearing some young uns.

  4. “HB308 had the usual moms, Dems and Docs forecasting doom and gloom and blood running in the streets . . .”

    Please be careful… no need to lump ALL “moms” into these despicable groups of gun-haters. MANY moms are on the right side of this issue.

    TFred

    • Look, the “blood on the streets” thing is no lie. Georgia passed a guns everywhere bill, and the carnage it has wrought is unbelievable. There’s a documentary series laying out the effects of Georgia’s law called The Walking Dead (so much violence that people are actually trying to break INTO prison!). It’s terrifying, and I can’t believe anyone would want that life for the people of Texas.

      • My God! The law caused the zombie virus… I’m surprised the antis haven’t jumped on that!

        Moms for Everyday Zombie Virus Common Sense #responsiblezombies

      • Yes, zombies are already lurking behind road signs along Georgia’s major highways. If you have a breakdown, whatever you do don’t leave your car or you’ll be doomed. Some people are rumored to be making pets of zombies and some gun-ranges are said to be using animated zombie heads as 100 yard rifle targets. But that’s just speculation. The ads appearing on Amazon offering wholesale lots of animated zombie heads for target practice are entirely bogus. Nobody is collecting zombie heads for sale.

  5. We have a similar bill here in Nevada AB148 would allow campus carry Please if there are any Nevadans Get on the proverbial warpath and get phone calls emails and regular mail removing these gun-free zones DOES make us safer( also i hate having to go home and drop my pistol off after the gym before class)

  6. Don’t see the big deal about HB308. We already can carry in church, hospitals, amusement parks, etc. Only thing will do is clean up 46.035, but no effect on CHL carry.

    • HB 308 would allow carry at professional/collegiate events, interscholastic events, 51% locations (bars, but carrying intoxicated would still be against the law), and correctional facilities. As you pointed out, it does nothing to affect churches, amusement parks, and hospitals (they must put up 30.06 signs), it merely cleans up that portion of the code. Still a good bill for CHL holders.

      • I should have read the bill before my comment. Was going by what was on the post which only mentioned churches, hospitals and amusement parks. Good bill. Will need to be amended to include open carry if that passes.

      • Under current Tx law, churches are only off limits if they post the 30.06 sign, or otherwise provide you with direct communication that carrying is prohibited on the premises.

        Amusement parks are off limits by statute, so no sign or specific communication is required.

        Hospitals are treated like churches, providing that the hospital is JUST a hospital, and an official sign or specific communication is required to bar firearms. However, some hospitals are also branches of universities, so carrying would be barred by statute and no signage/communication is required.

        • Incorrect. Amusement parks, churches, and hospitals must all post 30.06 to bar CHL carry.
          “(i) Subsections (b)(4) [hospital], (b)(5) [amusement park], (b)(6) [church], and (c) [government meeting] do not apply if the actor was not given effective notice under Section 30.06.”

          However, you are are correct about some hospitals, as they are part of universities. If they are public universities, campus carry will clear that up 🙂

    • Here’s the applicable portion of HB 308.

      SECTION 4. Section 46.035, Penal Code, as amended by

      Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th

      Legislature, Regular Session, 2007, is amended to read as follows:

      Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE

      HOLDER. (a) A license holder commits an offense if the license

      holder carries a handgun on or about the license holder’s person

      under the authority of Subchapter H, Chapter 411, Government Code,

      and intentionally fails to conceal the handgun.

      —-everything below here is to be removed——–

      (b) [A license holder commits an offense if the license

      holder intentionally, knowingly, or recklessly carries a handgun

      under the authority of Subchapter H, Chapter 411, Government Code,

      regardless of whether the handgun is concealed, on or about the

      license holder’s person:

      [(1) on the premises of a business that has a permit or

      license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic

      Beverage Code, if the business derives 51 percent or more of its

      income from the sale or service of alcoholic beverages for

      on-premises consumption, as determined by the Texas Alcoholic

      Beverage Commission under Section 104.06, Alcoholic Beverage Code;

      [(2) on the premises where a high school, collegiate,

      or professional sporting event or interscholastic event is taking

      place, unless the license holder is a participant in the event and a

      handgun is used in the event;

      [(3) on the premises of a correctional facility;

      [(4) on the premises of a hospital licensed under

      Chapter 241, Health and Safety Code, or on the premises of a nursing

      home licensed under Chapter 242, Health and Safety Code, unless the

      license holder has written authorization of the hospital or nursing

      home administration, as appropriate;

      [(5) in an amusement park; or

      [(6) on the premises of a church, synagogue, or other

      established place of religious worship.

      [(c) A license holder commits an offense if the license

      holder intentionally, knowingly, or recklessly carries a handgun

      under the authority of Subchapter H, Chapter 411, Government Code,

      regardless of whether the handgun is concealed, at any meeting of a

      governmental entity.

  7. Hmmm, New MMMexicooo, kind of rolls off the tongue.

    The land of OC of a loaded weapon without a license, CC of an unloaded weapon W.A.L. with a mag on the belt or in a pocket and Shall Issue for CC of a loaded weapon. But no campus carry. Darn it! Almost perfection.

    • “CC of an unloaded weapon W.A.L. with a mag on the belt or in a pocket”

      So, the law “allows” something that is pretty much completely useless?

      Good to know.

    • Correct me if I’m wrong, but doesn’t NM restrict you to a single concealed handgun (i.e., no BUG)?
      Never understood the reason for that one.

  8. It’s truly amazing those ‘moms’ would actually make the statements they did and expect that anyone with any understanding of gun issues and the antigun lobby would come away thinking that the anti gun establishment they represent had anything legitimate or relevant to contribute to the discussion.

  9. I’m on pins and needles waiting for the open carry bill to (hopefully) pass. I would love to know about the pre-emption law as well. Ridiculous that automatic knives are now legal in Texas, but still illegal in San Antonio city limits. I may not personally make use of either bill, but it’s all about gaining back some ground in this cultural tug-of-war. I don’t know how much difference it will make in the long run, they will use immigration to turn this place into a giant government plantation yet.

    Is it me, or does the fellow in the article photo look exactly like Mike Ehrmentrauts attorney from Breaking Bad? (not Saul Goodman, the other attorney)

  10. 150k Texas moms, huh… MDA can’t seem to muster up more than a dozen people, let alone moms, but MDA moms are rolling 150k deep in Tejas?

    Shenanigans!

  11. What this story needs is a little more Kory Watkins.

    Kory Watkins and Open Carry Texas really need to get out there and spread the word about open carry!

  12. HB308 is neat and all, but I do get tired of hearing about how we can’t carry in hospitals and churches. There are even cops who think this. Hospitals and churches haven’t been off-limits for a long time in Texas. If you’re going to carry, you really should know the applicable laws.

  13. Little late to the thread. I am just wondering if an FN 5seven is an exception to minimum caliber requirement. The round is no bigger than a .22. But we all know it’s a butt-ton more potent.

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