I agree that the 30.05 sign should NOT apply to an LTC, but somewhere we will see a case where a dishonest prosecutor and/or LE agency will claim that 30.05(C) says firearm while 30.05(f) says handgun and while one is a subset of the other the language does not provide an exception to the 30.05 signage. They will be wrong, but they will try it. My hunch is Harris County will be the ones to try it.denwego wrote: ↑Sun May 23, 2021 6:23 pmNothing will change with folks who have a LTC in regards to 30.05/30.06/30.07, with the exception that the language was changed to remove references to "belt or shoulder" holster. The text for 30.05(f) from the committee report is still:G.A. Heath wrote: ↑Sun May 23, 2021 5:14 pm My concerns with the committee report regard section 30.05 creating a potential "grey area" that some less than honest law enforcement agencies and prosecutors may try to exploit (Good thing we don't have any of those in Texas!) should this become law. The 30.05(c) section/sign mentions/specifies firearms and section 30.05(f) specifies handguns.
Essentially the case could, and likely will, be made that 30.05 applies to all firearms, including handguns carried under an LTC. Will it hold up in court? Depends on the appellate judges, defendant(s), and the quality of the attorneys on both sides.
Even with this concern I like what I see so far in my glancing over the bill.
So the same defense still applies for the current law. The added language to 30.05 in regards to permitless carry is actually a nice improvement, because right now if you are carrying a pocket knife and someone puts up a generic "no weapons" sign, it's a Class A misdemeanor, and with HB1927 all firearms/weapons-based trespass prohibitions are dropped down to a Class C $200 fine unless you're told personally to leave and you stick around for some reason. Very, very nice quality of life improvement.(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a holster.
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Return to “HB 1927 on the Senate floor now”
- Sun May 23, 2021 9:06 pm
- Forum: General Legislative Discussions
- Topic: HB 1927 on the Senate floor now
- Replies: 387
- Views: 119495
Re: HB 1927 on the Senate floor now
- Sun May 23, 2021 5:14 pm
- Forum: General Legislative Discussions
- Topic: HB 1927 on the Senate floor now
- Replies: 387
- Views: 119495
Re: HB 1927 on the Senate floor now
My concerns with the committee report regard section 30.05 creating a potential "grey area" that some less than honest law enforcement agencies and prosecutors may try to exploit (Good thing we don't have any of those in Texas! ) should this become law. The 30.05(c) section/sign mentions/specifies firearms and section 30.05(f) specifies handguns.
Essentially the case could, and likely will, be made that 30.05 applies to all firearms, including handguns carried under an LTC. Will it hold up in court? Depends on the appellate judges, defendant(s), and the quality of the attorneys on both sides.
Even with this concern I like what I see so far in my glancing over the bill.
) should this become law. The 30.05(c) section/sign mentions/specifies firearms and section 30.05(f) specifies handguns.Essentially the case could, and likely will, be made that 30.05 applies to all firearms, including handguns carried under an LTC. Will it hold up in court? Depends on the appellate judges, defendant(s), and the quality of the attorneys on both sides.
Even with this concern I like what I see so far in my glancing over the bill.
- Fri May 07, 2021 5:59 pm
- Forum: General Legislative Discussions
- Topic: HB 1927 on the Senate floor now
- Replies: 387
- Views: 119495
Re: HB 1927 on the Senate floor now
The house will vote to accept or reject the senate changes. If they reject those changes then the bill will go to a conference committee where it may or may not survive. If it survives the conference committee then both houses must vote to accept the conference committee version. should some version of the bill have approval from both houses it will then go to the governor. There are too many "ifs" in what could happen for anyone to predict what the outcome will be, although assuming the bill is never accepted by either house and dies is the statistically safe bet.