Next LTC Tuesday September 7th @10 NEW 2021 TX Handgun Laws
New 30.05 Sign
Prohibits the carry of an UNLICENSED handgun on the premises.
This sign does not affect an LTC holder legally carrying their handgun.
New 46.03 Sign
Prohibits the carry of any weapon or firearm on the premises.
This sign can only be posted by a location already prohibiting weapons under Texas law in PC 46.03 and 46.035. The posting of this sign is not required by those locations described in 46.03 and 46.035. This sign changes the defense to prosecution of failure to comply with the prohibited areas requirements.
HB 2112 / SB 550
Relating to the carrying of holstered handguns by handgun license holders.
Removes the requirement for the LTC holder to have the holster of an Open Carry Handgun be attached to the belt or shoulder.
Relating to the offense of possessing a weapon in a secured area of an airport.
"Secured area" means an area of an airport terminal building to which access is controlled by the inspections of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees.
Relating to carrying and storing a handgun or handgun ammunition by a hotel guest.
(A) A hotel may not adopt a firearms policy prohibiting a hotel guest from: (1) carrying or storing a handgun or handgun ammunition in the guest's hotel room; (2) carrying a handgun or handgun ammunition directly en route to or from the hotel or the guest's hotel room; (3) carrying a handgun or handgun ammunition directly en route to or from the guest's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests; or (4) carrying or storing a handgun or handgun ammunition in the guest's vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests.
(B) A hotel may adopt a firearms policy requiring a hotel guest carrying a handgun or handgun ammunition in a common area on the hotel property to: (1) carry a handgun in a concealed manner; or (2) carry handgun ammunition in a case or bag.
1. CONCEALED CARRY - “Concealed” means:
A. that the weapon cannot be visible, and
B. that its presence cannot be discernible through ordinary observation.
Where concealed is required- "A license holder commits an offense if the license holder carries a handgun on or about the license holder's person and intentionally displays the handgun in plain view of another person in a public place.
2. OPEN CARRY – Started 1 Jan 2016. HB 910
A. Not Concealed
B. Must be in a holster
3. BRANDISHING –
A. Illegal showing of a weapon. (Not Concealed or Open Carry)
B. Causing an effect and intent of a threat on another person.
PROHIBITED AREAS PC 46.03 / PC 46.035
1. Prohibited Areas List, TX State Law
A. Places- Schools, Courthouse, TSA Airport, Prison
B. Events- School Event, Professional sports, Gambling, Voting
2. Places with SIGNS precluding legal carry
A. 30.06 sign (No firearms inside that premises)
B. 30.07 sign (Prohibiting Open Carry in that premises)
C. 51% sign (No firearms inside that premises)
D. 46.03 sign (No firearms inside that premises IAW PC 46.03/46.035)
E. 30.05 sign (No Unlicensed firearms inside that premises)
3.Notification of Criminal Trespass
Oral or written notification, before entry or after entry
In Texas you are not required to possess an LTC to have a firearm in your vehicle. All other states have their own legal guidelines.
If stopped in Texas you must immediately notify the peace officer (Requirement of Notification) of your name, that you have an LTC and whether or not you have a firearm on or about your person.
RECIPROCITY AGREEMENTS WITH OTHER STATES
Click here to go to the Texas Department of Public Safety (DPS) resource to view Texas' agreement with another state
Sec 9.31. Self-Defense
A person is justified in using force against another
when and to the degree the actor (you) reasonably
believes the force is immediately necessary to protect against the other’s use of unlawful force. We take on the burden of proof.
The US Supreme Court has defined the reasonableness standard for all states in:
Graham v. Connor
Force that is not excessive and that is appropriate for protecting oneself or property
Determined by Jury unless Castle Doctrine.
The reasonable person doctrine. A person with all of my knowledge and experience would do the same thing in these circumstances.
Sec 9.22. Necessity. Conduct is justified if:
McGarity v. State
When a person took his action, he had to take that action right then, right there and without delay, otherwise he may have suffered harm or injury.
1. No other Option is possible to stop/prevent the crime
2. Retreat is not considered an option. (Stand your Ground)
Sec 9.31 and 9.32 Reasonable if:
Knew or had reason to believe the person against whom the force was used:
1.unlawfully and with force entered/attempted entry to the actors occupied habitation, vehicle, or business/employment (Breaking and Entering) Castle Doctrine
2. attempted to remove/removed actor from his habitation, vehicle,
or place of employment/business (Kidnapping)
3. Attempted Murder
4. Sexual Assault
DEFENSE OF 3RD PERSON Sec. 9.33.
Justified in using force and up to deadly force if;
a. Justified under Sec. 9.31. and 9.32
b. Reasonably believes his intervention is immediately necessary
If the person being defended could legally use lethal force, then you are justified in doing the same in their protection
DEFENSE OF PROPERTY Sec 9.41 & 9.42
You must be in lawful possession of the property,
Force justified to prevent trespass, unlawful interference with property
Force justified to reenter or recover property-fresh pursuit
If dispossessed by force, threat, or fraud
Reasonably believes deadly force is immediately necessary to:
Prevent arson, burglary, robbery, theft during the night, or criminal mischief during the night
Prevent other fleeing immediately after committing burglary, robbery or theft during nighttime with property: and:
Land/property cannot be retrieved by other means
Force other than the use of deadly force would create a substantial risk of death or serious bodily injury.
If you are involved in a use of deadly force:
1. Make sure all Threats are stopped
2. Have someone Call 911. Who and Where you are and What your Wearing
3. Don’t leave the scene unless still threatened at that location.
Remember your call is recorded
Call Attorney while awaiting first responders
Greeting the Police
1. Holster Gun & Hands up. You keep possession of the handgun-do not give the gun to anyone except law enforcement.
2. Comply with Police Commands
"I would like to invoke my right to silence and council with my attorney"
The LTC is a License to legally carry a HANDGUN/PISTOL ( it has nothing to do with rifles or shotguns), ON OR ABOUT YOUR PERSON (on your body or convenient to get to), in PUBLIC (LTC not required for your habitation, vehicle or place of employment)
STAND YOUR GROUND
There is no duty to retreat in TX. 3 requirements.
1. Right to be present with a firearm
2. Your did not provoke the crime or criminal
3. Your not engaged in criminal activity
In determining whether the actor reasonably believed the use of deadly force was necessary, the finder of fact may not consider whether the actor failed to retreat.
If in your:
1.Habitation 2.Vehicle 3.Business/Place of Employment
TX law gives you the legal presumption of Reasonableness that a crime against you is taking place.
A building or a portion of a building. Never to include a public or private street, sidewalk, walkway, parking lot, parking garage or other parking area.
REQUIREMENT TO NOTIFY
When encountering a Peace Officer/Judge you must notify them of three things:
Your Name, that you are an LTC holder and whether you have a handgun on or about your person (convenient to get to)
REQUIREMENT TO DISPLAY
If a license holder is carrying a handgun and a peace officer or magistrate (judge) requests identification, the license holder must present both identification and the License To Carry.
AUTHORITY TO DISARM GC 411.207
A peace officer who is acting in the lawful discharge of the officers official duties may disarm the license holder.
Here is a checklist I use that combines many of the above laws into a daily routine.
1. Before I leave the house. How am I carrying my pistol? Concealed, Open or Brandishing (Illegal). How can I make sure I don't accidentally change from one to another. How can I stay in control of my weapon and the way I'm carrying it.
2. When I arrive someplace. Before getting out of my car, am I at a school event? If so I can't have a weapon with me even if its outside. Before entering a premises: A. Am I at a location prohibited by the State of Texas law from carrying a handgun. If not keep walking toward the building. B. At the door I look for signs. 30.06 or 51% sign I can't enter with a handgun. 30.07 sign I can't enter with an Open Carry handgun, but I can if I'm Concealed. C. Before entering has a person of authority from the premises I'm entering told me I can't be inside with a handgun? That is notification of criminal trespass.
If none of those apply I enter the building.
3. I see something bad happening to me or another individual. A. (Legal question) Am I justified in using lethal force? Is it reasonable, is it immediately necessary, is there a crime happening from the list? If no, then if its bad enough leave and call the police. If I have met all those legal criteria for Self Defense under Sec 9.31 then: B. (Moral question) Should I get involved? Is this my problem? If not, then leave and call the police. If I answer yes, then: C. (Tactical question) How do I engage the target accurately without being shot or hurting a another person? If I can't, then leave and call the police.
All of the information on this page is to be used to help the student understand the Texas LTC statutes and is not legal advice. For legal advice pertaining to LTC, handguns or self defense consult the district attorney in your jurisdiction. Please download and read the LTC-16 for the exact laws pertaining to the subjects discussed on this page. This is simply an academic aid presented by an LTC and shooting instructor, describing his views, opinions and interpretations.
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