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Re: Constitutional Hearings
Posted: Fri May 07, 2021 1:43 am
by Vol Texan
srothstein wrote: ↑Thu May 06, 2021 11:28 pm
Flightmare wrote: ↑Thu May 06, 2021 5:27 pm
Russell wrote: ↑Thu May 06, 2021 4:41 pm
I'm kind of confused on the status of this bill as far as signage goes. Will there be a new sign type like the previous constitutional carry bill had? (30.08).
Amendment 13 offered by Schwertner that was approved.
https://capitol.texas.gov/tlodocs/87R/a ... 7S2F13.HTM
Amend HB 1927 (senate committee printing) by striking the recital to SECTION 17 of the bill (page 6, lines 9-11) and substituting the following:
SECTION 17. Section 30.05, Penal Code, is amended by adding Subsections (c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that:
(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public.
The way I read it, they would create a new sign that says "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm" or something similar.
The way I read it, they can leave 30.06 or 30.07 signs up but they only apply to the specific people already covered by it, if even that. Just because you have an LTC does not mean you are carrying under its authority. So the new 30.05 sign applies to everyone (except peace officers), licensed or not, and carrying openly or concealed.
If this is true, then it's not good for us.
I'd rather have had a new sign for unlicensed carry, that way we don't get inundated with tons of new signs.
Or better yet, make it so that signs only apply to unlicensed carry, to act as a carrot to get people to get their LTC anyway. That would have been GREAT.
Re: Constitutional Hearings
Posted: Fri May 07, 2021 3:18 am
by Russell
There's nothing I'm seeing in the link to that amendment that strikes out (f)(2)(A) of PC 30.05.
Re: Constitutional Hearings
Posted: Mon May 10, 2021 6:30 pm
by Bitter Clinger
Here's the response I rec'd from my Democrat lawyer representative. I found it to be a waste of a good email:
Thank you for writing me to share your support for House Bill 1927, which would eliminate any requirement that individuals obtain professional instructional in the safe handling of their lawfully owned firearms. I appreciate constituents who take the time to contact my office to share feedback about policies and issues that are important to them.
The question of whether to require a permit for concealed handgun carry continues to evoke great passion among all concerned, and I will give sincere consideration to your sentiments as I evaluate any related legislation that comes before me during the current legislative session. As I discussed with the bill's author during the Senate floor debate, the issue concerns convenience and safety, but it does not invoke a constitutional question of the right to carry a firearm without a permit. Justice Scalia and the United States Supreme Court made quite clear that there is no constitutional right to carry without a permit in District of Columbia v. Heller. The question therefore is a less passionate one, and it behooves us all to bear that in mind as we deliberate the merit and consequences of our actions.
Should you want to follow the progress of certain measures through the legislative process, please visit
https://capitol.texas.gov/. From there, you can search for certain bills, follow the status of a bill, view how a particular legislator voted on a bill, as well as obtain a list of effective bills from past and current legislative sessions. Additionally, you may call the Legislative Reference Library's toll-free bill status hotline at 877-824-7038 for information on pending bills, committee hearings, elected officials, the legislative process and more.
Thank you again for your email. I appreciate your engagement in the legislative process.
Nathan Johnson
Texas State Senator- District 16
Re: Constitutional Hearings
Posted: Mon May 10, 2021 7:09 pm
by Jusme
Bitter Clinger wrote: ↑Mon May 10, 2021 6:30 pm
Here's the response I rec'd from my Democrat lawyer representative. I found it to be a waste of a good email:
Thank you for writing me to share your support for House Bill 1927, which would eliminate any requirement that individuals obtain professional instructional in the safe handling of their lawfully owned firearms. I appreciate constituents who take the time to contact my office to share feedback about policies and issues that are important to them.
The question of whether to require a permit for concealed handgun carry continues to evoke great passion among all concerned, and I will give sincere consideration to your sentiments as I evaluate any related legislation that comes before me during the current legislative session. As I discussed with the bill's author during the Senate floor debate, the issue concerns convenience and safety, but it does not invoke a constitutional question of the right to carry a firearm without a permit. Justice Scalia and the United States Supreme Court made quite clear that there is no constitutional right to carry without a permit in District of Columbia v. Heller. The question therefore is a less passionate one, and it behooves us all to bear that in mind as we deliberate the merit and consequences of our actions.
Should you want to follow the progress of certain measures through the legislative process, please visit
https://capitol.texas.gov/. From there, you can search for certain bills, follow the status of a bill, view how a particular legislator voted on a bill, as well as obtain a list of effective bills from past and current legislative sessions. Additionally, you may call the Legislative Reference Library's toll-free bill status hotline at 877-824-7038 for information on pending bills, committee hearings, elected officials, the legislative process and more.
Thank you again for your email. I appreciate your engagement in the legislative process.
Nathan Johnson
Texas State Senator- District 16
Yeah you’re right, a waste of good bandwidth. Let’s cherry pick wording in a singular case in SCOTUS, and then claim it as absolute law of the land. There is no wording anywhere, in the 2A that says anything resembling that.
Re: Constitutional Hearings
Posted: Tue May 11, 2021 12:04 am
by Flightmare
Senate analysis is available online. You can see the side by side comparison of the passed senate version and the passed house version.
https://capitol.texas.gov/tlodocs/87R/s ... 01927A.pdf
Re: Constitutional Hearings
Posted: Tue May 11, 2021 7:29 am
by Bitter Clinger
Frankly, while I understand and support the Constitutional argument, at this point I would rather see all restrictions removed on LTC holders, no more 30.06/07, schools, courtrooms, etc. Just my $0.02
Re: Constitutional Hearings
Posted: Tue May 11, 2021 5:40 pm
by Flightmare
Bitter Clinger wrote: ↑Tue May 11, 2021 7:29 am
Frankly, while I understand and support the Constitutional argument, at this point I would rather see all restrictions removed on LTC holders, no more 30.06/07, schools, courtrooms, etc. Just my $0.02
Re: Constitutional Hearings
Posted: Tue May 11, 2021 10:57 pm
by srothstein
Flightmare wrote: ↑Tue May 11, 2021 5:40 pm
Bitter Clinger wrote: ↑Tue May 11, 2021 7:29 am
Frankly, while I understand and support the Constitutional argument, at this point I would rather see all restrictions removed on LTC holders, no more 30.06/07, schools, courtrooms, etc. Just my $0.02
This is the correct answer. Why not repeal chapter 46 of the Penal Code? That is my long term goal.
Re: Constitutional Hearings
Posted: Wed May 12, 2021 1:44 pm
by 03Lightningrocks
With only three weeks left until the end of the legislative session, it is critical Lt. Gov. Dan Patrick and Speaker Dade Phelan work together to fix Constitutional Carry and get HB 1927 to Governor Abbott’s desk immediately!
Lt. Gov. Patrick: (512) 463-0001
Speaker Phelan: (512) 463-1000
Your message can be as simple as:
Please fix Constitutional Carry and get it to Governor Abbott’s desk right away -- without excuses or delays.
Re: Constitutional Hearings
Posted: Wed Jun 16, 2021 11:47 pm
by Flightmare
Abbott signed this today. He'll do a ceremonial one tomorrow according to GOA. I suspect that Russell and his team are going to have to update the website and app to account for prohibition on unlicensed carry.