TexasCHLforum.com

carlson1 wrote: ↑Wed Jun 09, 2021 9:35 pm

OlBill wrote: ↑Wed Jun 09, 2021 8:19 pm I wish he'd sign it.

Most folks say he will, but from where I stand I can’t tell.

03Lightningrocks wrote: ↑Fri May 28, 2021 7:55 am

Mel wrote: ↑Fri May 28, 2021 7:26 am

Tex1961 wrote: ↑Fri May 28, 2021 6:55 am It’s Friday the 28th. What happens if the Governor doesn’t sign by Monday.

It's my understanding that if the Governor doesn't VETO, it becomes law on 01 SEP 2021.

Just the same. I don't understand why he has not signed it yet. Is it some kind of political game? Let it pass and then claim he didn't sign it if confronted by leftist scum?

Tex1961 wrote: ↑Fri May 28, 2021 6:55 am It’s Friday the 28th. What happens if the Governor doesn’t sign by Monday.

Governor Action wrote:On receiving an enrolled bill, the governor has the option to sign it, veto it, or allow it to become law without a signature. The governor has 10 days in which to act unless the bill was sent to the governor within 10 days of final adjournment, in which case the governor has until 20 days after final adjournment to act.

Charles L. Cotton wrote: ↑Thu May 27, 2021 11:44 am There has been some discussion as to whether 30.06 and 30.07 signs will be effective as to an LTC, after Sept. 1, 2021. The issue seems to be focused on the fact that an LTC will not be required to carry a handgun in Texas, thus they will not be carrying “under the authority of” their LTC.

While some Penal Code provisions apply only when a person is carrying “under the authority” of their license (ex. TPC §46.035), this is not the case with TPC §§30.06 and 30.07.

Chas.

TPC 30.06 wrote: Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

TPC 30.07 wrote: Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden.

seph wrote: ↑Wed May 26, 2021 4:13 pm My understanding for 46.03 places is that there is no change for LTC holders.

seph wrote: ↑Wed May 26, 2021 4:13 pm They have to post a 30.06/07 sign, or give verbal notice for those. A 46.03 sign means nothing for LTC, there would have to be the 30.06/07 notice given.

ScottDLS wrote: ↑Wed May 26, 2021 3:22 pm I believe there is also a 46.03 sign required for particular premises (hospitals, amusement parks, etc.) along with 30.06/7 to bare unlicensed and licensed carry.

• License holders cannot be charged while carrying at government meetings (87R HB 1927 Section 25 - Texas Penal Code 46.15(b))

• License holders have to be properly notified with 30.06/7/51% signs at hospitals, amusement parks, collegiate sporting events, and 51% locations for a charge to stick (87R HB 1927 Section 25 - Texas Penal Code 46.15(p) and (q) )

Ruark wrote: ↑Wed May 26, 2021 3:07 pm

ScottDLS wrote: ↑Wed May 26, 2021 2:41 pm My read on it is if you want to exclude non-LTC carriers, you post a 30.05. If you want to exclude LTC you post 30.05 and 30.06/7. If you just post 30.06/7, then a LTC holder can carry because they are not carrying under the authority of their LTC. Similar to a Peace Officer (who happens to also have a LTC) openly carrying past a 30.07, or concealing past a 30.06.

This is going to be a mess. So under the new law, we can just ignore those gazillion 30.06/07 signs already out there because we won't be carrying "under the authority of our LTC." Conversely, if we see a 30.05, we can ignore it, too, and carry under the authority of our LTC.

Apparently, the only way a business can preclude ALL carrying is to post ALL THREE signs: 05, 06 and 07. Given the size of these signs, that's going to mean a whole WALL of signage at many entrances, which will be very unpopular. Many places, e.g. hospitals, have big, elaborate 06/07 signs mounted in glass frames and bolted onto stone walls, with no room for anything else.

I was criticized by an "gun expert" for posting the above comments on another gun forum. He said the new law states that .06 signs will also apply to non-LTC carriers, which is utterly false, and suggested I read the law so I won't appear "uneducated." If gun enthusiasts are that confused, a LOT of people out there, especially non-shooter lay peoplek and business owners, won't be able to make sense of all this.

Flightmare wrote: ↑Wed May 26, 2021 9:45 am

K.Mooneyham wrote: ↑Wed May 26, 2021 1:02 am I am curious, what makes anyone think that Governor Abbott wouldn't sign the HB 1927?

I think he's just waiting to get the press conference together with the folks responsible to be in pictures.

K.Mooneyham wrote: ↑Tue May 25, 2021 10:47 am Okay, for those in the know on these matters, it says that having an LTC is a "defense to prosecution" for violating 30.05. It's NOT an exemption from, then. It doesn't stop the police from arresting you nor does it stop a prosecutor from bringing a case against you. It only means that IF you are asked to leave a 30.05-posted business, the owner of that business calls the police on you, and you have your LTC, then you can bring that up IN COURT. In other words, it does not make you legally "immune" to 30.05, the way a police officer would be "immune" to 30.05/.06/.07 signs. Why would any business bother posting anything other than 30.05? They will no longer need to bother with 30.06/30.07 to keep you out even if you have your LTC. Am I misunderstanding how that works? Please, tell me I am. Because IF I am understanding this correctly, this is a big step backward.

EDITED TO ADD:

For instance, you walk past a 30.05 sign (only that one, no .06/.07) into a business. Your handgun is covered but somehow it shows a little at some point and the business owners see it and call police on you. You don't know that because the owners say nothing to you. The police arrive and say you're under arrest for the violation. You tell them (and show them) your LTC, and the police officer says "tell it to the court". You may "beat the rap" but you don't "beat the ride", AND you have to pay a bunch of money and also have an arrest record. I can think of one or two places where the scenario might play out.

EDITED TO ADD (2):

Seems to me that the following will need to be amended to the language of 30.05 in regards to those who have their LTC:

"It is an exception to the application of . . . ."

Flightmare wrote: ↑Tue May 25, 2021 12:50 am Just like churches, it was legal to carry in open meetings before....as long as did not receive notice under 30.06/30.07. This was one of the few exceptions carved out with SB 273 (fines for signs) from the 84th legislature. Maybe I'm mis-reading it, but it sounds like the signs might hold no more legal weight, but governments would not be penalized for posting them at open meetings. Which would definitely lead to some confusion. I'd welcome some smarter legal minds to weigh in on this.

XnTx wrote: ↑Mon May 24, 2021 9:26 pm I've heard no one mention LOSING the ability to purchase a firearm using their TX LTC to bypass the NICS background check. So with passage of constitutional carry and the elimination of the LTC system we are now subject to mandatory NICS background checks on new purchases. What is there to stop CUJ from imposing additional restrictions on these checks like a waiting period or simply slow walking checks? Seems to me like we are ignorantly giving away more than we are getting with constitutional carry.

RoyGBiv wrote: ↑Mon May 24, 2021 2:17 pm Thanks for this Papa_Tiger.
I would add one item....
Under 46.035 there is a defense to prosecution for Volunteer emergency services personnel who are actively engaged in an emergency activity.

https://codes.findlaw.com/tx/penal-code ... 6-035.html

(m) It is a defense to prosecution under Subsections (b) and (c) that the actor is volunteer emergency services personnel engaged in providing emergency services.

HB 1927 Conference Committee Report wrote: SECTION 26. The following provisions are repealed:
( 10) Section 46. 035, Penal Code.

Ruark wrote: ↑Mon May 24, 2021 1:11 pm Jeezaloo.... starting to sound like I could carry in more places if I canceled my LTC and just carried under 30.05.