Sign up to receive Alan's newsletter by email.

Speaking engagements

  • Invite Alan Korwin to speak at your event! Thought-provoking, entertaining, freedom-oriented topics -- your guests will thank you for the excitement -- long after the applause ends!

Books

« Anti-Gun-Rights Activist Gets Navy Boat | Main | About this comitatus penalty »

Texas Gun-Law Changes for 2015

Texas Gun Laws Improve Again!

For falsely denying your right to carry by posting signs, government can now be punished.

Small steps in the right direction add to the 8th edition of The Texas Gun Owner's Guide.

TGOG

Edition 8, copyright 2014.

Download a printable update for edition 8 to put in your book.
ALL BOOK ORDERS INCLUDE THIS 1-PAGE UPDATE
The Texas Gun Owner's Guide http://www.gunlaws.com/tgog.htm

 

Download a printable update for older edition 7 to put in your book.
All updates here.

 


New Texas Gun Law, effective Sep. 1, 2015

SB473 Machine Guns and other special weapons—
Penal Code §46.05 Prohibited Weapons was amended to make it clear that Type II NFA weapons (full-autos, short-barrelled long guns, silencers and explosive weapons), are legal as long as they’re properly registered with BATFE. The bad idea of “affirmative defense,” where you might have to defend innocent possession of these in court was repealed. Parts of the law were renumbered.

SB273 Ban on Excluding Lawful CHL Holders—Government Code §411.209 makes it illegal for any state agency or political subdivision to use any form of the §30.06 no-guns-allowed notices to keep CHLs out, if CHLs aren’t really banned from entering (as some prejudiced bureaucrats have been doing). Violations make them liable for penalties that can exceed $10,000 per day, under rules spelled out in the law (violators must get written notice, with evidence, time to cure the violation, the attorney general must investigate, and act, more). Any citizen can file charges, and all costs are recoverable. Basically it means officials will have to stop the vile practice of posting false signs to illegally deny your civil rights.

SB273 is comitatus law, law with teeth, so it sets controls.

Government Code §411.209 is written the way laws should be written.
Instead of the typical “government shall (or shall not) do X,” format,
which officials violate with impunity, comitatus law says,
“If you do X this is the punishment.”

Comitatus penalties can include jail and dismissal
(see, for example, the posse comitatus law).
Many laws should be comitatus.
We have the Texas State Rifle Assn.
and legislators they work with to thank
for accomplishing this important victory.

 

OFFICIALS CAN NO LONGER POST
ANY TYPE OF 30.06 SIGNS
UNLESS IT'S LEGITIMATE, OR ELSE.

FINES FOR VIOLATIONS CAN EXCEED $10,000 PER DAY.

 

Penal Code §46.035(c) Unlawful Carryhas been amended to limit its effect, so only the room(s) where a government meeting is taking place, not the entire facility, are restricted to CHL carry, and then, only if the meeting is an open meeting subject to open-meetings law (Ch. 551), and proper notice was provided.

HB554 CHL Tolerance at Airport Gates—Penal Code §46.03(a)(5) has been amended to help people who show up at airports with their CHL sidearms. It is a defense to state prosecution if you show up at airport gate security carrying a firearm legally under a CHL license, if, once it’s detected, you leave the gate area immediately after the screening. A peace officer cannot arrest you if you comply but can if you fail to comply. Caution: Doesn’t affect TSA agents.

HB905 Preemption of Knives—Local Government Code §229.001.Knives are added to the preemption list, things municipalities have no control over the transfer, private ownership, keeping, transportation, licensing, or registration of, including firearms, air guns, ammunition, firearm or air-gun supplies and more. LGC §§236.001, .002 definitions are updated.

SB11 Campus Carry—Effective August 1, 2016 for some institutions, details coming soon.

HB910 Open Carry—Takes effect Jan. 1, 2016, complex, contentious, and like campus carry, it will take some settling in and a shakeout period. No sense in becoming a test case.

Comments

Post a comment

Comments are moderated, and will not appear on this weblog until the author has approved them.

If you have a TypeKey or TypePad account, please Sign In.

Read what people are saying about Page Nine, or tell Alan yourself.

See the archives below, or click through to an index of Page Nine posts at Gunlaws.com

About the Author

  • Freelance writer Alan Korwin is a founder and past president of the Arizona Book Publishing Association. With his wife Cheryl he operates Bloomfield Press, the largest producer and distributor of gun-law books in the country. Here writing as "The Uninvited Ombudsman," Alan covers the day's stories as they ought to read. Read more.

Recent Comments

Read the last 100 comments on one handy page here!