HB308

[Charlies.Contingency]

I am very surprised that nobody else has posted about this bill yet!! I will post the full bill here off of the Texas Firearms Coalition website. I see that it removes pretty much most restrictions from where CHL holders can carry. (With a few exceptions I noticed, such as those listed in the Labor Code.)

I support this bill 100% if it is as I am reading it correctly! Any opinions on this bill, let's talk about it.

From https://www.texasfirearmscoalition.com/ ... tus-report" onclick="window.open(this.href);return false;

<EDIT>
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>>STAND BY FOR CORRECTION

NOTE: Formatting on the website does not allow for the "Line Through" which shows the editing on the bill that shows what they want to remove, meaning we will only see what they want to keep, unless I take the time to use color coding or something to show what will be removed and or edited. I do not wish to take that much time on it, so we'll just discuss it.

[joe817]

Charles has already updated his thread on proposed legislation:

viewtopic.php?f=133&t=75052" onclick="window.open(this.href);return false;

"HB308 (Springer, R, A+) Relating to the places where a person may carry a handgun if the person is licensed to carry a concealed handgun.
Impact: Removes off-limits locations currently applicable for Concealed Handgun Licensees, as set out in TPC §46.03 and §46.035.
Position on Bill: Support this excellent bill! It is arguably the most important Bill for CHL's since the passage of SB60 in 1995.
Status: Filed 11/17/14."

[CleverNickname]

I would much prefer the new section 46.15(a)(5) which reads as following:

"a person who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying."

be changed to something like:

"a person who is licensed under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun."

This would make it more clear that a licensee is OK to carry an "illegal knife" or a club, and that they don't have to be carrying a handgun at the same time in order for it to be legal.

Also, the bill makes 46.03 not applicable to CHLs (as shown above), but it doesn't remove the current 46.03(f) which says:

"(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code."

i assume the newer law would take precedence, but not removing the old text creates an opportunity for confusion.

[ELB]

I am very surprised that nobody else has posted about this bill yet!!

That's cause I have to do real work between reading forum posts.

But based on my first quick run through it looks like it pretty much eliminated all the unlawful carrying restrictions on CHL holders except for intoxication and intentionally failing to conceal. And lowers the penalty for those from Class A to Class C Misdemeanor.

It also eliminates all the "special exemptions" for judges and prosecuting attorneys that allowed them to carry in formerly off-limits places.

There are a lot of changes with respect to security guards, but I don't know the current intersection between CHL and commissioned security guard well enough to figure out what it did. I assume it removed some more restrictions.

I am curious that there is still language about category of handguns tho.

[SewTexas]

I saw it the day it was filed. I knew that the way I read it, it looked good. I was just waiting for someone else to read it too.

[Charlies.Contingency]

Charles has already updated his thread on proposed legislation:

viewtopic.php?f=133&t=75052" onclick="window.open(this.href);return false;

"HB308 (Springer, R, A+) Relating to the places where a person may carry a handgun if the person is licensed to carry a concealed handgun.
Impact: Removes off-limits locations currently applicable for Concealed Handgun Licensees, as set out in TPC §46.03 and §46.035.
Position on Bill: Support this excellent bill! It is arguably the most important Bill for CHL's since the passage of SB60 in 1995.
Status: Filed 11/17/14."

I wanted a discussion about it, to see what everybody thought about it. Specifically this bill, as his thread is running rampant with talk about other bill's, specifically open carry.

[Charlies.Contingency]

I am very surprised that nobody else has posted about this bill yet!!

That's cause I have to do real work between reading forum posts.

But based on my first quick run through it looks like it pretty much eliminated all the unlawful carrying restrictions on CHL holders except for intoxication and intentionally failing to conceal. And lowers the penalty for those from Class A to Class C Misdemeanor.

It also eliminates all the "special exemptions" for judges and prosecuting attorneys that allowed them to carry in formerly off-limits places.

There are a lot of changes with respect to security guards, but I don't know the current intersection between CHL and commissioned security guard well enough to figure out what it did. I assume it removed some more restrictions.

I am curious that there is still language about category of handguns tho.

1) Haha, very funny.

2) Agreed, pretty much does that as far as I can tell.

3) Eh, I don't care too much about that, doesn't affect or bother me.

3) What are the changes that you are referencing to? I did not notice any real changes, but I may have missed a section or two and not noticed.

[Charlies.Contingency]

I would much prefer the new section 46.15(a)(5) which reads as following:

"a person who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying."

be changed to something like:

"a person who is licensed under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun."

This would make it more clear that a licensee is OK to carry an "illegal knife" or a club, and that they don't have to be carrying a handgun at the same time in order for it to be legal.

Also, the bill makes 46.03 not applicable to CHLs (as shown above), but it doesn't remove the current 46.03(f) which says:

"(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code."

i assume the newer law would take precedence, but not removing the old text creates an opportunity for confusion.

I must agree, some of the new wording seemed overly complicated, and I believe it could have been simplified for ease of understanding.

(f) - I didn't notice that, I'm going to read back over that and see what it that leads to for us.

[ELB]

3) What are the changes that you are referencing to? I did not notice any real changes, but I may have missed a section or two and not noticed.

OK, one change (page 8 in the MS Word version). Apparently I in my head I amalgamated some of the changes to DAs and Judges with security guards. Toldja it was a quick run through it. Back to work!

[locke_n_load]

I wonder how 308 would affect a bill for licensed OC, if 308 were to pass before licensed OC?

[Charles L. Cotton]

I wonder how 308 would affect a bill for licensed OC, if 308 were to pass before licensed OC?

It would have no impact, other than removing off-limits areas. The concealment requirement of TPC §46.035(a) would simply go away, so the reduction from a Class A to a Class C misdemeanor would be moot.

Chas.

[Charles L. Cotton]

I would much prefer the new section 46.15(a)(5) which reads as following:

"a person who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying."

be changed to something like:

"a person who is licensed under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun."

This would make it more clear that a licensee is OK to carry an "illegal knife" or a club, and that they don't have to be carrying a handgun at the same time in order for it to be legal.

Also, the bill makes 46.03 not applicable to CHLs (as shown above), but it doesn't remove the current 46.03(f) which says:

"(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code."

i assume the newer law would take precedence, but not removing the old text creates an opportunity for confusion.

We don't want to mix guns with knives and run the risk of someone balking at letting people carry certain knives. This Bill is too important to lose over a Bowie knife or switch blade.

Chas.

[Charles L. Cotton]

This is essentially HB3218 from the 2013 Session and there is some relatively minor clean-up to do.

Chas.

[troglodyte]

[Jaguar]

I wonder how 308 would affect a bill for licensed OC, if 308 were to pass before licensed OC?

It would have no impact, other than removing off-limits areas. The concealment requirement of TPC §46.035(a) would simply go away, so the reduction from a Class A to a Class C misdemeanor would be moot.

Chas.

I would also like the penalty for missing a 30.06 to be a Class C.