Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Texas - NRA Continues Working to Expand Your Right To Carry

Thursday, May 9, 2002

On Monday, May 6, representatives from NRA-ILA and TSRA, former State Senator and author of Texas`"Right To Carry" law Jerry Patterson, and State Rep. Rick Green (R-Dripping Springs) attended a meeting of the Hays County Republican Party to discuss the issue of cities and counties circumventing the Legislature and using the criminal trespass law to post signs prohibiting concealed handgun license holder access to their premises. The guests were invited by Republican activist, NRA member and CHL instructor Mike Cox.

Within a few days of the presentation to attendees, which included some local elected officials in Hays County, all questionable signs on county buildings and facilities had been ordered removed by Hays County Judge Jim Powers. We appreciate his thoughtfulness on this important issue and the actions he has taken to remedy the situation at the county level!

Earlier this year, the Texas House Public Safety Committee held an interim hearing on this very issue, during which legislative representatives from NRA-ILA and TSRA explained the origin of the CHL "Loophole":

* During debate on the original "Right To Carry" law in 1995, the Texas Legislature rejected amendments which would have allowed state agencies, and city or county governments to ban license holders from carrying on their premises. Instead, the Legislature specifically enumerated places which are off-limits to license holders in Sections 46.03 and 46.035 of the Penal Code. The Legislature also amended the state`s firearms preemption law to clarify that localities could not restrict carrying by CHLs.

* Changes were made to the criminal trespass law in 1997, which aimed to establish tough, uniform posting requirements for private property owners wishing to restrict access to their premises by CHLs. However, a legal opinion effectively allowed for similar posting on public property. The opinion stated that although local governing entities have no authority under the "Right To Carry" law to prohibit carrying on their premises, they may post signs in accordance with the criminal trespass statute to ban such activity.

This "loophole" for county and municipal governments has led to a proliferation of signs on public buildings across the state -- pictures of which were displayed for the Public Safety Committee and for the attendees at the Hays County Republican Party meeting.

NRA-ILA and TSRA will continue to push locally for removal of these signs on public buildings, as we believe they violate both the spirit and legislative intent of the state`s "Right To Carry" law. We will also work to close this "loophole" at the state level and reassert the Legislature`s power to regulate the wearing of arms, as stated in both the state constitution and the state`s firearms preemption law.

If you are interested in arranging a similar presentation before your local party organization or local elected officials, please contact Mike Cox at miked.cox@verizon.net, or Alice Tripp with TSRA at AGTripp@aol.com or Tara Reilly Mica, NRA-ILA Texas State Liaison at tmica@nrahq.org for more information.

TRENDING NOW

News  

Tuesday, July 17, 2018

Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

News  

Friday, July 6, 2018

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

Shortly before 4:00am last Saturday morning, the two week long Third Review Conference (RevCon3) on the Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All ...

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

Monday, July 16, 2018

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

On July 9th, the Seattle City Council passed a mandatory firearm storage ordinance to restrict the self-defense rights of Seattle residents.  The ordinance, if signed by Mayor Jenny Durkan, will impose a one-size-fits-all method of storing firearms as ...

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

News  

Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Illinois: Governor Signs Two Gun Control Bills

Tuesday, July 17, 2018

Illinois: Governor Signs Two Gun Control Bills

On July 17th, Governor Bruce Rauner signed House Bill 2354 and Senate Bill 3256 into law.

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

Wednesday, July 11, 2018

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

On Monday, the California Department of Justice, Bureau of Firearms (“CA DOJ”) officially withdrew the proposed regulations that would have expanded the improperly adopted “assault weapon” definitions, to apply in all circumstances. This withdrawal comes ...

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

Hunting  

Friday, July 13, 2018

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

On July 11th, Governor John Carney signed Senate Bill 198 into law to expand hunting opportunities in Delaware by eliminating the prohibition against hunting for deer on Sundays and allowing for the harvesting of deer on Sundays ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Too Young or Too Old... To Own a Gun?

News  

Friday, July 6, 2018

Too Young or Too Old... To Own a Gun?

A common theme among anti-gun extremists is what we often refer to as the “Goldilocks” approach to limiting access to firearms by law-abiding citizens.  Rather than admit that the ultimate goal is to disarm all ...

NRA Endorses State Senator Leah Vukmir for U.S. Senate in Wisconsin

News  

Tuesday, July 17, 2018

NRA Endorses State Senator Leah Vukmir for U.S. Senate in Wisconsin

FAIRFAX, Va. – The National Rifle Association Political Victory Fund (NRA-PVF) is proud to announce its endorsement of state Sen. Leah Vukmir in the 2018 Republican U.S. Senate Primary in Wisconsin.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.