New CHL Laws Posted at TX DPS site ---Studying???

Lucky45 · #1

Just downloaded and starting to run through all the changes. New homework I guess. Are you studying?

seamusTX · #2

Which site are you looking at? I haven't seen all the new laws in one place.

- Jim

#3

seamusTX wrote:Which site are you looking at? I haven't seen all the new laws in one place.

I think you're right in that not necessarily everything new of interest is in there, but DPS has issued the new version of the "Texas Concealed Handgun Laws" handbook, dated August 2007. I'm sure that's what Lucky45 is referring to: http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf

seamusTX · #4

WOW! Kudos to DPS for getting the booklet updated.

- Jim

Lucky45 · #5

Hey, SkiprrThanks for posting the URL for the handbook, that it what I mean't.

Also, just been going through it line by line and comparing, and have found several changes that have not been of much discussion all summer.

KBCraig · #6

Their .pdf about "traveling with a handgun" still hasn't been updated to show the new law.

propellerhead · #7

Where can I get the printed version? I don't feel like printing 149 pages.

Lucky45 · #8

Hmmmmm... ...can anyone tell me where the part of the law where you can't be sued after using deadly force. I didn't see it in new handbook. Is this handbook incomplete???

frankie_the_yankee · #9

Lucky45 wrote:Hmmmmm... ...can anyone tell me where the part of the law where you can't be sued after using deadly force. I didn't see it in new handbook. Is this handbook incomplete???

The booklet does not seem to include the section of the law dealing with civil immunity.

Starting on page 58 the "no need to retreat" provisions of the Castle Doctrine law are stated.

Greybeard · #10

Quote: "The booklet does not seem to include the section of the law dealing with civil immunity. "

I also could not find any reference to the change that SB 378 made to Section 83.001, Civil Practice and Remedies Code. If the change was buried somewhere in the pamphlet, I would think it would be noted in the index (where they refer to several other at least semi-related areas). And 9.06 in Chapter 9 remains ... Come Tuesday, maybe some of the other 24,999 lawyers in Harris County gonna be eyeballin' similar?

Lucky45 · #11

KBCraig wrote:Their .pdf about "traveling with a handgun" still hasn't been updated to show the new law.

It is updated in the new handbook. Here it is.

PC Â§46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

lrb111 · #12

Greybeard wrote:Quote: "The booklet does not seem to include the section of the law dealing with civil immunity. "

I also could not find any reference to the change that SB 378 made to Section 83.001, Civil Practice and Remedies Code. If the change was buried somewhere in the pamphlet, I would think it would be noted in the index (where they refer to several other at least semi-related areas). And 9.06 in Chapter 9 remains ... Come Tuesday, maybe some of the other 24,999 lawyers in Harris County gonna be eyeballin' similar?

I believe It's in PC9:31 top of page 58.

(2) when and to the degree the actor reasonably believes the
force is immediately necessary to protect himself against the peace officer's
(or other person's) use or attempted use of greater force than
necessary.
(d) The use of deadly force is not justified under this subchapter
except as provided in Sections 9.32, 9.33, and 9.34.
(e) A person who has a right to be present at the location where the
force is used, who has not provoked the person against whom the
force is used, and who is not engaged in criminal activity at the time
the force is used is not required to retreat before using force as
described by this section.

Lucky45 · #13

lrb111 wrote:
Greybeard wrote:Quote: "The booklet does not seem to include the section of the law dealing with civil immunity. "

I also could not find any reference to the change that SB 378 made to Section 83.001, Civil Practice and Remedies Code. If the change was buried somewhere in the pamphlet, I would think it would be noted in the index (where they refer to several other at least semi-related areas). And 9.06 in Chapter 9 remains ... Come Tuesday, maybe some of the other 24,999 lawyers in Harris County gonna be eyeballin' similar?
I believe It's in PC9:31 top of page 58.

I think you have it mixed up, lrb111. We are talking about civil immunity not been corrected in the new handbook. It is still written the same as the old handbook. Penal Code 9.06

PC Â§9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

It should have some verbage included in the handbook according to this and we can't find it.

Senate Bill 378 also provides immunity from civil liability for a personal injury or death resulting from the use of force or deadly force to a defendant who was justified under the law in using such force or deadly force.

KBCraig · #14

Lucky45 wrote:
KBCraig wrote:Their .pdf about "traveling with a handgun" still hasn't been updated to show the new law.
It is updated in the new handbook.

I know it's updated in the new handbook. But they have a separate page called "Traveling with a handgun". It still reflects the 2005 changes, and warns that some DAs intend to prosecute.

http://www.txdps.state.tx.us/administra ... sindex.htm
http://www.txdps.state.tx.us/administra ... veling.pdf

Lucky45 · #15

KBCraig wrote:I know it's updated in the new handbook. But they have a separate page called "Traveling with a handgun". It still reflects the 2005 changes, and warns that some DAs intend to prosecute.

http://www.txdps.state.tx.us/administra ... sindex.htm
http://www.txdps.state.tx.us/administra ... veling.pdf

That is a memo on their site and it is an old one at that. If your read it again, you will see it says 79th Legislature Session, effective Sept 1, 2005. It is no longer valid as of yesterday, Sept 1, 2007. The NEW LAW is in effect. 80th Legislature Session.