Troy91 said:

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Yes, constitutional carry just passed the Senate.

The same Senators were making the same silly points on the bill. AGAIN.

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agsalaska said:

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Troy91 said:

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Yes, constitutional carry just passed the Senate.

The same Senators were making the same silly points on the bill. AGAIN.

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Awesome.

So just to clarify since I am a little out of touch right now.

It has passed both the House and Senate and is headed to the Governor?

Thanks

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• The House and the Senate have taken their FINAL vote, approving the conference committee report! This means the bill now goes to the Governor, who has already promised to sign the bill.
• The bill will go into effect on September 1.
• We are thrilled with this historical step and believe that the passage of HB 1927 represents the strongest stand Texas has taken for gun rights since the Alamo!
• The final version does include some amendments that we opposed such as barring a few small classes of people from carrying a handgun even though they can legally possess a firearm. The Senate insisted on these due the strong influence of the law enforcement organizations. We will work next session to fix these issues.
• However, the bill is still extremely positive. It absolutely recognizes the right of law-abiding citizens to carry handguns, open or concealed, without asking for permission, in nearly all of the same places as LTC carriers can currently legally carry.

txyaloo said:

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Brad06ag said:

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This conference report makes it all really hard to follow in reality...

but the section 46.03 stuff seems interesting. Forces them to post signs, otherwise gives you a defense to prosecution if you "didn't know" you could not carry.

I need to see all the updated statutes to read clearly...


Also, In the conference report, did they just allow licensed carry in 51% establishments without posting 30.06/07 or am i misreading this??

Quote:

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(p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor: (1) carries a handgun on the premises or other property, as applicable; (2) holds a license to carry a handgun issued under Subchapter H. Chapter 411, Government Code; and (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable.

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So going back up, 46.03(a)(7) is (pertaining to prohibited locations):

Quote:

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(7) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

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46.03, .035, and .04 have always been a confusing jumbled mess with the way the Legislature has amended them over the years. All the locations listed in 46.03 are off limits to carry by statute unless there is an exception granted. This has been the case for years and was always the source of confusion for hospitals, amusement parks, and churches (until removed last session).

The state is now saying if you are carrying a gun at a prohibited by statute location, and are asked to leave by a person with authority over that property, and do leave, you have a defense to prosecution for UCW. It also says property owners MAY place a 46.03 sign to inform the public those locations are prohibited by statute, and if you walk past one of those signs while still carrying, you lose your DTP.

All 46.03 signage would apply to unlicensed and LTC holders except at certain TABC licensed locations, hospitals, and amusement parks. Those locations would need to post 30.06/07 signage to ban CC by LTC, but unlicensed carry could be banned by the 46.03 language.

As far as being able to carry in 51% locations, that still isn't legal. Gov code 411.204 is the 51% law for TABC licensed premises. 46.03(p) is saying if a 51% sign is not posted, you aren't UCW. TABC is pretty strict about making sure licensed premises have the right signs up.

We effectively have 3 classes of signs under this new law.

1) 46.03 - applies to all forms of carry (unlicensed and LTC) at places prohibited by statute. Most of these locations had 06/07 signs up already
-LTC can carry at amusement parks and hospitals as long as 06/07 signs aren't posted
2) 30.05 bans unlicensed carry (LTC holders not impacted)
3) 30.06/07 bans licensed carry

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Ogre09 said:

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Any reason to renew an LTC when it comes due?

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