Major advancements for Texas CHL holders
Posted: Tue May 21, 2013 9:04 pm
In just three bills, major advancements have been made on behalf of Texas CHLs and prospective CHLs.
SB299 seeks to make it even more clear that so-called unintentional failure to conceal is not a violation of Tex. Penal Code §46.035(a). The Bill also requires concealment only in public, thus allowing CHLs to show their handguns while on private property such as at a friend's home. No longer will they be forced to leave their jacket on to keep from violating the above-referenced Code provision. Equally importantly, SB299 legislatively corrects the horrible decision by the Dallas Court of Appeals in the McDermott case. Now it is abundantly clear that CHLs, like every other Texan, can rely upon every defense in Chp. 9 of the Texas Penal Code when facing allegations of failure to conceal in violation of §46.035(a). (Importantly, this includes §9.04.)
HB47 reduces the minimum classroom time requirement to obtain a CHL from 10 hours to as little as 4 hours (but not more than 6 hours), plus the time on the range. Many people have stated that they have not obtained a CHL because of the length of the course.
HB48 removes the requirement of taking a renewal class to renew one's CHL. All a person will be required to do is submit the appropriate renewal paperwork, pay the renewal fee, and read/acknowledge any document(s) DPS creates to comply with the notification provisions in HB48. This will do a long way toward making licenses of other states less attractive as alternatives to the Texas CHL. This combined with SB864 will encourage far more Texans to get a Texas CHL now that their investment in terms of time and money are reduced, and they know they will not have to take a renewal course in the future.
HB48, SB864 and SB299 are major changes having a positive impact for Texas gun owners.
Other bills impact CHLs and those will be covered in other posts after they have cleared final legislative hurdles.
Chas.
SB299 seeks to make it even more clear that so-called unintentional failure to conceal is not a violation of Tex. Penal Code §46.035(a). The Bill also requires concealment only in public, thus allowing CHLs to show their handguns while on private property such as at a friend's home. No longer will they be forced to leave their jacket on to keep from violating the above-referenced Code provision. Equally importantly, SB299 legislatively corrects the horrible decision by the Dallas Court of Appeals in the McDermott case. Now it is abundantly clear that CHLs, like every other Texan, can rely upon every defense in Chp. 9 of the Texas Penal Code when facing allegations of failure to conceal in violation of §46.035(a). (Importantly, this includes §9.04.)
HB47 reduces the minimum classroom time requirement to obtain a CHL from 10 hours to as little as 4 hours (but not more than 6 hours), plus the time on the range. Many people have stated that they have not obtained a CHL because of the length of the course.
HB48 removes the requirement of taking a renewal class to renew one's CHL. All a person will be required to do is submit the appropriate renewal paperwork, pay the renewal fee, and read/acknowledge any document(s) DPS creates to comply with the notification provisions in HB48. This will do a long way toward making licenses of other states less attractive as alternatives to the Texas CHL. This combined with SB864 will encourage far more Texans to get a Texas CHL now that their investment in terms of time and money are reduced, and they know they will not have to take a renewal course in the future.
HB48, SB864 and SB299 are major changes having a positive impact for Texas gun owners.
Other bills impact CHLs and those will be covered in other posts after they have cleared final legislative hurdles.
Chas.
for all of his hard work!