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km101
08-15-2013, 07:09 PM
Received this update from my CHL instructor and thought my fellow Texans might be interested. Others might want to see how these changes compare to your state. :guntootsmiley:


CHL Law Updates



CHL Training



This newsletter contains new information regarding CHL and weapons laws in Texas. In the last newsletter, we discussed the training changes but, there is new info on training since our last publication.



CHL Renewals

As discussed in our last issue, the process to apply for a concealed handgun license, as well as to renew, has undergone significant modifications. Shortly after our last newsletter, the Governor signed a bill that contradicts SB862. HB48 states no renewal class is necessary, ever.



SB 864 states that there are renewal classes but they can be taken online, while HB 48 states that there is no longer a requirement for renewal classes at all. Based on how the two bills are written and the order in which each passed, it appears that HB 48 would be controlling with regards to renewals. In other words, there is probably no longer a CHL renewal class requirement after September 1st. Texas Representative Flynn's office confirmed that this is how the two bills are intended to reconcile; Flynn was the author of HB 48, and the sponsor of SB 864.



To date the TDPS has not verified what law will be followed for renewals so at this time a renewal class is still required.



As a reminder last month, we discussed that the classroom instruction length for an original CHL is reduced to 4-6 hours from the previous 10-15 hour length (Doesn't include range training/time). That is still in effect September 1st, 2013.



Military, Veterans and Law Enforcement

HB 485 reduced the CHL fees required for veterans, members of the military, and peace officers. Those serving in the military or state guard still have no fees for CHL licensing. Honorably discharged more than 365 days is now $25.00 dollars rather than 50 percent off. Current Texas Department of Criminal Justice employees only need pay $25.00 for an original or renewal license.



HB 3370 provides a process for obtaining CHL's by current or former reserve law enforcement officers. They only need a letter from their department as required by DPS. Active police and reserves pay $25.00 for a license or renewal.



There has also been a change to the CHL card itself; when SB 164 becomes effective, veterans will receive a special designation on their CHL reflecting their status as a veteran.




Finger Printings, photos and Social Security Numbers

Another new law, pursuant to HB 698, concerns finger printing. People in a county of 46,000 people or less, with no facility with the capability to process digital or electronic fingerprints in a 25-mile radius, will have different rules applied to them, to be established by the Texas DPS.



Under 1349, which isn't effective until January of 2014, Texas DPS shall not request, and applicants are not required to provide, social security numbers for the purpose of issuing a CHL. Further, Texas DPS may not request or require social security numbers during the renewal process.



Effective immediately, HB 3142 does away with the "category" of firearm carrying. In other words, taking the test with a revolver or semi-automatic no longer matters, and whether you are licensed for semi-automatics or revolvers no longer dictates the type of firearm a CHL holder can carry.



Effective 6/18/13 TDPS will only use a CHL applicants driver's license or ID card photo. You can't submit photos for original or renewal any more. Only non-resident applicants can submit photo's as they don't have a Texas DL or ID.



Hotels

With the passing of HB 333, hotels will be required to tell its guests up-front of any restrictive firearms policies prior to booking the rooms. Furthermore, they must receive an affirmative acknowledgement of their firearm policy. In other words, they couldn't hide a TPC §30.06 notice in the second to last page of their impossible to find policy document without telling you about it.



Schools and Firearms

A few bills related to educational institutions and carrying did not survive (campus carry). However, the legislature has created an optional training program for employees of school districts, who are also CHL holders, to receive specific and appropriate training for their environment. SB 1857 lets the DPS establish a process to enable qualified handgun instructors to obtain an additional certification to instruct the school safety course, and outlines the requirements for a school safety course. This course can be provided by qualified instructors to CHL holders that are employees of a school district or an open-enrollment charter school. Note that this doesn't affect the fact that CHL holders need written authorization to carry in educational institution buildings.



SB 1907 makes it illegal for campuses to institute discipline policies against CHL holders having firearms in their vehicles in the parking lots or streets. Keep in mind, both before and after this bill, it was legal for a CHL holder to leave his firearm in the vehicle on a college campus; however, some campuses adopted rules that would allow them to take disciplinary action against students who brought firearms into these legal areas. Now, they have received explicit instructions to no longer try to side step the law by having stringent and restrictive policies on firearms in the vehicles of CHL holders. With all of this said, the statute does not provide a penalty for college campuses that violate the law, nor does it prescribe a remedy for those affected by campuses who ignore SB 1907. However a civil suit could be filed if a person were to be targeted by an educational institution for exercising a legal right.



Air Guns

SB1400, effective immediately, states that municipalities may no longer adopt regulations concerning the transfer, private ownership, keeping, transportation, licensing, or registration of air guns. However, it grants the ability to regulate the discharge of air guns, the use of air guns in the case of riots or other insurrections, and the carrying of an air gun by a minor on public property, or private property without consent of the property owner. Counties may adopt regulations regarding the discharge of air guns on property 10 acres or less in the unincorporated area of the county in a subdivision.




Interestingly, a municipality may not regulate the carrying of an air gun by a CHL holder at public parks, public meetings of the municipality, county, or other governmental body, political rallies, or non-firearms related school, college, or professional athletic events. So, a CHL holder can carry a concealed air gun in places they can't carry an actual firearm.





Failure to Conceal

The current phrase of "intentionally failure to conceal" will be changed to "intentional display of the handgun" in plain view of another person in a public place based on SB 299. The statute is unclear as to how this changes the current law by failing to define what constitutes a "display" or "plain view of another person." Only time and the courts will show us how this change will affect us.



SB 299 also reconciles the "display" of a handgun with the use of force statutes by stating that the justification for use of force, not just deadly force, would be a defense to displaying the handgun. The law formerly limited justifiable failure to conceal to only those situations where the use of deadly force was justified. I highly recommend you refrain from brandishing a firearm unless deadly force could be used. There are other laws such a Deadly Conduct that can be filed on someone who points or threatens someone with a firearm if deadly force is not justified.



Knives

Finally, knife folks will be pleased to know that switchblades will no longer be a prohibited weapon under HB 1862. They will now be subject to the same regulations for all knives. Note that this law won't prohibit local government from regulating switchblade or automatic knives, because the Texas knife law pre-emption bill did not pass. If a municipality did have an ordinance concerning switchblade knifes it would only be a class C misdemeanor the equivalent of a speeding ticket. This has nothing to do with having a CHL. The carrying of a switchblade is legal in Texas but may not be legal in another state that honors a Texas CHL in fact almost all other states have strict laws mostly felonies that relate to the carrying of a switchblade knife. This is not effective until September 1st, 2013, so in the meantime it is still a felony to carry a switchblade off your private property.

LUCKYDAWG13
08-15-2013, 07:17 PM
i need to move [smilie=b:

MtGun44
08-15-2013, 09:37 PM
Thanks for the info. Texas isn't the only state where switchblades are now legal,
Kansas has just repealed all it's knife restrictions, blade length and switchblade
rules no longer in effect. So, if you want to carry a Bowie knife, it is legal here.

Bill

gbrown
08-15-2013, 10:08 PM
I'll be following the legislative updates on all of this. Thank you, Lord, that I am a native born Texican and had enough sense to stay put. Where on Earth would I rather live? With my feeble mind, I really can't think of anywhere else.

Zim
08-15-2013, 11:47 PM
Very good news! Lets hope more sanity prevails.

TheDoctor
08-15-2013, 11:57 PM
What would be the benefit, or why would someone want their veteran status indicated on their CHL?

km101
08-16-2013, 10:24 AM
What would be the benefit, or why would someone want their veteran status indicated on their CHL?

I wondered about that myself. I would not mind it, but it seems unnecessary and is something else to keep track of for the state. Real benefit??? Don't know. I don't think LEO's would cut you a break because of it, but who knows.

Downside? Another label to track you......possible "post traumatic stress" identifier?

I think I will see if I can find the author of the original bill and contact his office. Maybe I can find out his reasoning.

popper
08-16-2013, 12:46 PM
Honorably discharged more than 365 days is now $25.00 dollars rather than 50 percent off. You sure about that? When I read it I thought it said if discharged within 360 days, not after 360 days. The wording is not very good, or I understood it.

km101
08-16-2013, 03:24 PM
Honorably discharged more than 365 days is now $25.00 dollars rather than 50 percent off. You sure about that? When I read it I thought it said if discharged within 360 days, not after 360 days. The wording is not very good, or I understood it.

This is from HB 485 sec.1,C as passed by the legislature.

Notwithstanding any other provision of this subchapter,
if the applicant is a veteran who, more than 365 days preceding the date of
the application, was honorably discharged from the branch of the
service in which the applicant [person] served:

Hickory
08-16-2013, 03:34 PM
TEXAS;
Our last republic.

km101
08-16-2013, 04:22 PM
What would be the benefit, or why would someone want their veteran status indicated on their CHL?

I contacted the office of the State Senator who authored the bill for clarification. According to Sen. Van de Putte's office: "The designation is optional, and must be requested by the veteran after qualifying for the veterans discount."

So you have the option of having it displayed or not as you choose.

popper
08-16-2013, 04:57 PM
more than 365 days preceding the date , "more than 365 days before the date". No wonder our laws are so screwed up. Lawyers don't understandenglish - or maybe I don't. I guess the year is to establish permanent residency. But then I think it's 90 days and you have to apply for a DL.

gbrown
08-16-2013, 05:45 PM
Texas has demonstrated time and time again its love for its veterans. I really can't recall many anti-war demonstrations back in the late '60's or early '70's in Texas. Feel free to correct me if you you know differently. Look at the Texas Veterans support at the State level--land loans, home loans, remodelling loans, veterans retirement homes, the Hazelwood Act. I don't think there is another State that thinks as much of its veterans and does all that for them. I'm not dogging other States, I'm just stating that Texas has gone over and above for us. I wear BDU's at the camp--U.S. Army and all unit identifiers removed. I go into town because I need something at the store, someone will stop me and thank me for my service. Am I proud to be a Texas Veteran? Dang right.

T-Dogg
08-16-2013, 10:09 PM
Great writeup on all the upcoming changes, thank you!

TheDoctor
08-20-2013, 10:34 AM
I contacted the office of the State Senator who authored the bill for clarification. According to Sen. Van de Putte's office: "The designation is optional, and must be requested by the veteran after qualifying for the veterans discount."

So you have the option of having it displayed or not as you choose.

Thank you for finding this information out, good to know!