TexasCHLforum.com

The Annoyed Man wrote: ↑Wed Jun 30, 2021 9:02 am

Flightmare wrote: ↑Tue Jun 29, 2021 10:13 pm

The Annoyed Man wrote: ↑Tue Jun 29, 2021 8:50 pm I have a question about the implementation of permit-less carry……. A friend of mine from California asked me a couple of days ago if he would be able to lawfully carry in Texas if he came out to visit me once constitutional carry has gone into effect. I told him that I wasn’t absolutely certain, but that I didn’t see why not.

Then a customer asked me today if constitutional carry in Texas was going to be available to anyone visiting the state, or only to Texas residents. Again, I said I don’t see why it would not be available to all, but I thought I should verify that answer here before I answer again somewhere else.

Thoughts?

I see nothing in the bill itself that says that a person has to be a resident of Texas.
https://capitol.texas.gov/tlodocs/87R/b ... 01927F.htm

Thanks, that’s what I thought, but I just wanted to be certain before possible giving out wrong information.

Q: Can a non-Texas resident carry under the authority of Texas Constitutional Carry?
A: Yes, there is no requirement under The Firearm Carry Act of 2021 that a person has to be a Texas resident. So long as the person is otherwise qualified (e.g. non-prohibited person, who is a resident of another state), they may carry.

dru wrote: ↑Wed Jun 16, 2021 2:30 pm > No. In Texas, when a bill passes within 10 days of final adjournment, the Governor has 20 days from the day of final adjournment to sign or veto the bill or it becomes law without his signature. https://www.house.texas.gov/about-us/bill/

Ah, thanks for clarifying. Well either way he's running short on time. I can't imagine he lets this go without taking a victory lap on it. It makes me wonder why he's taking his time with the bill. I know it doesn't change the effective date but geez.....

RHenriksen wrote: ↑Wed Jun 16, 2021 12:39 pm Eric Brakey, a former Maine legislator who'd sponsored Maine's CC bill, posted on FB yesterday (on the Gun Owners of Maine page) that Gov Abbott would be signing the CC bill this Thursday. No link to a corroborating source, though, so take it with a grain or three of salt.

dru wrote: ↑Wed Jun 16, 2021 10:20 am by my count, tomorrow is the last day to sign, not sign, or veto HB 1927. I can't find anything about a signing ceremony. TLO indicates abbott's not taking any action. If he signs it becomes law. If he doesn't sign, it still becomes law. If he vetoes, then its done. Either way, the only way this thing doesn't become law is with positive action on the part of Abbott.

So with that said - what's the signing ceremony? I can't find anything online about any announcement or time/place to sign it. most recent news articles are from early june saying that the bill was sent to abbott. Maybe I missed it.

ScottDLS wrote: ↑Mon May 24, 2021 6:35 pm

oljames3 wrote: ↑Mon May 24, 2021 6:05 pm

TrueFlog wrote: ↑Mon May 24, 2021 6:00 pm

ScottDLS wrote: ↑Mon May 24, 2021 4:04 pm

TrueFlog wrote: ↑Mon May 24, 2021 3:54 pm If I'm reading this correctly, 30.06 and 30.07 signs do not apply to unlicensed carry. Is that right? That means that unlicensed Texas will be able to carry in tens of thousands of locations that are currently off-limits to license holders due to 30.06 and 30.07 signs. That seems kind of backwards...

I mentioned above that 30.06/30.07 only apply to carry "under the authority of your LTC". If a location (after 9/1) doesn't post a 30.05, but for some reason only a 30.06/7 then you could carry past the signs just like an unlicensed carrier. Reason being you don't need the authority of your LTC to carry, so therefore you're not (carrying under its authority). If this were not the case then currently, a peace officer who happened to have a LTC couldn't carry past a sign either. If one was not convinced by that, one could leave their LTC in the car, as technically you can't carry (under LTC authority) if you are not also carrying the LTC itself.

Your ideas are intriguing to me, and I hope that you're correct. However, I'm hesitant to take legal advice from a stranger on the Internet. Has this concept of when someone is or not carrying "under the authority of their LTC" been discussed on this board before? I'd be curious to see what opinions others have offered and whether there's any broad consensus on this idea.

Yes, the concept of carrying "under the authority of their LTC" has been discussed here before. However, that is just an interesting thought exercise. Until a case hinging on this concept is tried in court and that decision is appealed, we will not know what carrying "under the authority of their LTC" means. It is the appellate court decisions that become case law. After the governor signs the bill, I'll have a talk with my lawyer.

So in your opinion, is a Texas Peace Officer who happens to have a LTC violating the law by passing a 30.06/7 sign?

Or how about this question when the new law is in effect. You walk up to a location with a 30.06/7 sign, but no 30.05 sign and not prohibited under 46.03. You go in, presumably carrying concealed. You somehow are discovered carrying and asked to leave. You leave. They then call the police to cite you for 30.06 violation. The officer arrives and cites you under 30.06. You choose to fight the $200 ticket in municipal or JP court. Your lawyer (who you are paying $200/hr to beat a $200 ticket) argues to the judge that the prosecution cannot prove beyond a reasonable doubt that you were carrying under the authority of your LTC. You didn't need its authority to carry, and even if you did, you would have had to be carrying the license on your person at the time. Presumably you weren't or it can't be established beyond a reasonable doubt that you were. If I see 30.06/7 and no 30.05, I'm walking past it concealed and will not be worried in the least.

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.

TrueFlog wrote: ↑Mon May 24, 2021 6:00 pm

ScottDLS wrote: ↑Mon May 24, 2021 4:04 pm

TrueFlog wrote: ↑Mon May 24, 2021 3:54 pm If I'm reading this correctly, 30.06 and 30.07 signs do not apply to unlicensed carry. Is that right? That means that unlicensed Texas will be able to carry in tens of thousands of locations that are currently off-limits to license holders due to 30.06 and 30.07 signs. That seems kind of backwards...

I mentioned above that 30.06/30.07 only apply to carry "under the authority of your LTC". If a location (after 9/1) doesn't post a 30.05, but for some reason only a 30.06/7 then you could carry past the signs just like an unlicensed carrier. Reason being you don't need the authority of your LTC to carry, so therefore you're not (carrying under its authority). If this were not the case then currently, a peace officer who happened to have a LTC couldn't carry past a sign either. If one was not convinced by that, one could leave their LTC in the car, as technically you can't carry (under LTC authority) if you are not also carrying the LTC itself.

Your ideas are intriguing to me, and I hope that you're correct. However, I'm hesitant to take legal advice from a stranger on the Internet. Has this concept of when someone is or not carrying "under the authority of their LTC" been discussed on this board before? I'd be curious to see what opinions others have offered and whether there's any broad consensus on this idea.

RHenriksen wrote: ↑Mon May 17, 2021 6:15 pm Any news of the conference committee's work on this bill?

madwildcat wrote: ↑Fri May 07, 2021 4:50 pm

crazy2medic wrote: ↑Fri May 07, 2021 3:32 pm I'll keep my LTC, however if somebody (Wife, Girlfriend, Sister) Doesn't feel comfortable going through the LTC but wants to CC and ask you to teach them what they need to know, are you going to tell them no?

Oh if wife and girlfriend want you to train them to shoot, I suggest you have two separate classes!