28 September 2021

A Mess With Texas


The Texas Legislature received a great deal of publicity this past session. For out-of-staters, by law, the Texas House and Senate may meet for a maximum 140-day regular legislative session once every two years. (It is rumored that some of the state's founders pushed for a two-day legislative session once every 140 years.) Because of the time crunch, once the legislature convenes, the session is a compact, dried-on-hot affair with bills flying around the state capital in Austin. Some of the laws enacted this year drew national ire or acclaim depending upon the politics of the reporting body. In particular,


Texas grabbed the national spotlight for new rules regarding abortion/life protection, and election integrity/voter suppression. 

    The legislature also passed, and the governor signed new gun laws dubbed "Constitutional Carry." Since this is a crime and crime writer's blog, I thought it might be worth a column to review these law changes. Many stories get set within the borders of Texas. Let's look at what your characters can legally do regarding carrying weapons. 

    In short, the new laws allow most people to carry a handgun in a holster most places, either openly or concealed, without first obtaining a license to carry. 

    We can chug through the shorthand focusing on the italicized words. 

Most people: The new laws apply to persons 21 years of age or older. Sorry kids, no guns.  Texas has several exceptions to the above-stated general rule. Adjudged felons may not carry firearms. Defendants convicted of a few misdemeanors (assault, threats, disorderly conduct with a gun) can't carry if the prior offense occurred within five years of the carrying. Family violence and individuals under protective orders are prohibited from carrying firearms by federal and state prohibitions. Criminal street gang members are prohibited from carrying firearms as are most intoxicated people. 

    This last line may be my favorite. You can be intoxicated with your gun on your property, or another's property with their consent, or in your boat or vehicle (or another's with their consent). 

    I'm left to wonder about the scope and nature of my consent. If Michael Bracken invites me to his annual Gathering of Writers is he implicitly authorizing me to bring my gun and get drunk? Or does he have to include that in the invitation? And why wouldn't he? What could possibly go wrong with that scenario? 

   A handgun:  Texas has always been less restrictive regarding long guns, rifles, and shotguns. These weapons may be carried unless the armed individual runs afoul of some other statute like disorderly conduct or trespass. The legislature also relaxed the rules over the last few sessions on clubs, knuckles, and knives. I think the logic is that if everyone else is packing 9mm Glocks, are you really that worried about the Bruce Lee wannabe carrying nunchucks? 

In a holster: Buy stock in holster companies. They are a key piece of Texas' new legislative scheme. Carrying a handgun in plain view in a public place is illegal unless the weapon is in a holster. Carrying in a vehicle in plain view is prohibited unless the weapon is in a holster. In the old days (before September 1st) licensed weapon holders had to carry in a shoulder or belt holster. Those restrictions on holsters have been removed. Any holster is now permissible. Litigation will define holster in the years ahead. 

Most places: The new laws carve out eight places where weapons are impermissible: high school, college, and professional sporting events, amusement parks, hospitals, and bars are among those places where weapons were and remain prohibited. Churches are not on the list. 

Either openly or concealed: Since September 1st, no courses, tests, or proof of proficiency is required to legally carry a handgun. The law mandates the Department of Public Safety to develop a training video for the safe handling of firearms. Two videos may be found on their website. They both run for about 8 minutes each. 

     The license to carry still exists. Having one may avail you of more defenses if you are charged with illegally carrying a weapon. It lowers the number of places from which you are excluded. A licensed carrier may also take advantage of the reciprocity laws in other states. 

    The new legislative package also amended the duties of a peace officer to authorize the temporary disarming of a person carrying a firearm if the officer believes it is necessary to protect the officer or another. This has long been the law, but it is made explicit in the new code. Whether the mere carrying of a weapon is enough to meet the threshold to disarm will have to be decided by the courts. 

    That's an incomplete thumbnail sketch of the law. Two other changes, largely philosophical, are worth noting. The governor signed into law a prohibition on local law enforcement assisting federal authorities in enforcing gun laws passed after January 20th, 2021 (President Biden's inauguration). Although no new federal gun laws have come into being since then, we are now a "sanctuary state" for firearms. New laws also removed firearm silencers from the list of prohibited weapons. The legislature added a section to the Government Code to regulate the intrastate production of silencers (an attempt to get around the federal government enforcement of a prohibition through the Commerce Clause). Texas doesn't have a thriving cottage industry in domestically produced suppressors, but someday we might. 

    There you have it. We've joined 20 other states in having some form of Constitutional Carry enacted. Put your piece in a holster and come on down. 

    Last thought. The new laws make it almost impossible for a hotel to restrict a guest's right to bring a gun into his/her hotel room. If you do come to visit, you might choose an innkeeper offering Kevlar sheets.

(Life requires me to be away from my computer on Tuesday, September 27th. I apologize for not responding to comments.)

    Until next time. 


2 comments:

  1. Wow, it's the Old West again. And here I thought Colorado was getting loose when they went to open carry. Makes me nervous when I see a guy packing a gun in public.

    ReplyDelete
  2. Silencers provide such a thoughtful touch. We can sleep through gun battles without being disturbed.

    I'm with RT. People forget that Old West towns required folks to check their firearms at the town limits. Evidence suggests we haven't matured enough to trust aggressive carriers. That's why we can't have nice things.

    ReplyDelete

Welcome. Please feel free to comment.

Our corporate secretary is notoriously lax when it comes to comments trapped in the spam folder. It may take Velma a few days to notice, usually after digging in a bottom drawer for a packet of seamed hose, a .38, her flask, or a cigarette.

She’s also sarcastically flip-lipped, but where else can a P.I. find a gal who can wield a candlestick phone, a typewriter, and a gat all at the same time? So bear with us, we value your comment. Once she finishes her Fatima Long Gold.

You can format HTML codes of <b>bold</b>, <i>italics</i>, and links: <a href="https://about.me/SleuthSayers">SleuthSayers</a>