HB 2300 is the bill you're looking for. It is much more expansive than HB 1503 and comes without that pesky-and-potentially-dangerous amendment to the Felon in Possession of a Weapon statute that was tacked on at the end of the session.
All's well that ends well!
Posts: 2432 | Location: TDCAA | Registered: March 08, 2002
So a follow up question for the Leg guru Shannon. It says in the text of 2300 that if the bill passes with 2/3 vote of house and senate it is effective immediately. Did this occur or is it effective 9-1-07?
Thanks again!
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
I have not read any exemption in HB 2300 regarding not having to conceal the weapon, but I know many electeds, judges and assistants who were interested in that issue.
Was that any kind of issue in this session, Shannon?
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
I'm thinking about investing in body armor . . . is there a prosecutor's rate on DragonSkin?
Won't folks get some strange looks if they have a pistol on their belt but not a badge? Would it be prudent to wear your badge on your belt if you're going to carry openly, as the law seems to allow? Seems like most times I see folks out of uniform carrying that they have their badges visible on the belt? Or maybe my BAC has creeped back toward 0.25 today . . .
[This message was edited by JohnR on 06-22-07 at .]
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001
I don't think that 2300 allows for open carry. By open carry I mean on the belt visible and not wearing a jacket.
Total concealment is required by the CHL regulations and the law. That means not being openly carried.
As a former peace officer who often worked plainclothes assignments, I can tell you that even wearing a suit jacket will not always yield total concealment.
And I certainly would agree that if you are carrying a weapon on your belt and you have a badge you should wear that badge near the gun.
There are some who disagree with that, because they do not want to ID themselves to crooks as law enforcement. Many of my friends and former co-workers believed it was better to carry a badge holder backwards on the belt, with the badge facing the body. The theory is, that a cop will recognize a badge holder but perhaps a bad guy won't.
In any event, total concealment is difficult. I was just wondering if there was some magic word I missed in 2300 that allows for something other than total concealment.
But one prosecutor I know is disappointed because there is not some leeway built into the law for active judicial officers to not be subject to the "concealed" portion of the requirement, for the reasons stated above.
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
"We are working on the implementation of HB 2300 ... we expect the new licenses to be available by mid to late September. We will have information available on our website as we get closer to implementation ...."
BTW, the legislature did not provide DPS with any additional funding to create the new special CHLs (shocker!), but they are making due.
Posts: 2432 | Location: TDCAA | Registered: March 08, 2002
Given your location, maybe you should join SASS (the "Single Action Shooting Society") and wear a John Wayne rig, with a Colt .44. That would put the fear of God into a def. Heck, I would wonder as an expert witness what I had gotten myself into...
quote:Originally posted by GG: In any event, total concealment is difficult. I was just wondering if there was some magic word I missed in 2300 that allows for something other than total concealment.
I think I was tired when I wrote that. Read literally, that means you can't ever take your coat off, huh?
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001
quote:Originally posted by Shannon Edmonds: From DPS, in response to an inquiry from me:
"We are working on the implementation of HB 2300 ... we expect the new licenses to be available by mid to late September. We will have information available on our website as we get closer to implementation ...."
BTW, the legislature did not provide DPS with any additional funding to create the new special CHLs (shocker!), but they are making due.
What new licenses? Are we entitled to a special license now? Please explain, o' legislative guru...
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
quote:Originally posted by Mark Edwards: I told my judge that our next jury trial I am wearing holster and gun. Now that would be fun!
BTW, the new law does not provide a defense to prosecution under 46.035(a), which requires a CHL holder to keep his weapon concealed, regardless of the location.
Posts: 2432 | Location: TDCAA | Registered: March 08, 2002