Acera
Member
Thank God we (I) live in Texas !!!
2007 Was Our Best Year Ever For Gun Owners in Texas
On May 28, the Texas Legislature adjourned "sine die," meaning they had no further business to conduct. For most of us, this session was marked with many new travails: unprecedented strife among the lawmakers, opposition of a type and on a scale we had never faced before, and the most ambitious legislative agenda we had ever attempted to pass.
While many groups like the NRA and TSRA are happy to pass a single piece of legislation in Austin, we worked on an aggressive pro-gun legislative agenda composed of nine bills, and secured passage by the House and Senate of eight of them! We are pleased to let you know that all of these bills were signed into law by Governor Perry.
The new laws passed are:
•Castle Doctrine/"Stand Your Ground" Legislation~SB 378 by Senator Jeff Wentworth (R-San Antonio)/Rep. Joe Driver (R-Garland)
This legislation puts the protection of the law where it belongs: with the law abiding, not the law breaking. If a criminal unlawfully enters or intrudes into your home, occupied vehicle, or place of business, you can presume that he is there to cause death or great bodily harm and you may use any manner of force, including deadly force, against him. The bill also explicitly states in law that you have no "duty to retreat" from a criminal attack if you are in any place you have a right to be and you are not engaged in unlawful activity. Last, the proposal would limit the ability of criminals and their families to sue victims for killing or injuring their attackers. This was signed into law by Governor Perry, the first bill signed into law this legislative session! It will go into effect on September 1, 2007.
•Emergency Powers Act Amendments~SB 112 by Senator John Carona (R-Dallas)/Rep. Frank Corte (R-San Antonio)
This law limits the powers of municipalities to seize or confiscate firearms in times of emergency. This law will ensure that Katrina-style, Mayor Nagin-inspired civilian disarmament will never happen in the Lone Star State. It has been signed into law by Governor Perry and went into immediate effect!
•Replacement for the "Traveling" Law Passed in 2005~HB 1815 by Rep. Carl Isett (R-Lubbock)/Senator Juan "Chuy" Hinojosa (D-McAllen)
Currently referred to as the "Motorists Protection Act"
In 2005, the Texas Legislature passed a bill establishing that a person is presumed to be traveling if he or she is in a private motor vehicle, is not engaged in criminal activity, is not prohibited by law from possessing a firearm, and is not a member of a criminal street gang. The clear intent was to protect law-abiding citizens' right to carry a handgun concealed for personal protection in their cars or trucks without needing a Concealed Handgun License (CHL).
However, some District Attorneys in Texas have thumbed their noses at the intent of the law and have gone so far as to issue public statements that they will arrest anyone found within their jurisdictions to be carrying a handgun in his or her vehicle without a CHL. HB 1815 fixes that problem once and for all.
HB 1815 includes the same safeguards and requirements passed by the 79th Legislature. However, it will no longer be an offense for Texans to have a handgun in their vehicles or vehicles under their control. It passed unanimously in both houses of the Texas Legislature, was signed by the Governor, and goes into effect on September 1, 2007.
•CHL Confidentiality~HB 991 by Rep. Patrick Rose (D-Dripping Springs)/Senator Bob Deuell (R-Greenville)
The bill would prohibit access to information regarding CHL applicants and license holders, except by federal, state, and local law enforcement agencies and their employees. Twenty-six "Shall Issue" states have enacted confidentiality provisions as part of their concealed carry statutes. This bill passed overwhelmingly in both houses and was signed by the Governor on May 23, and went into immediate effect!
•Possession of Handgun by a CHL on LCRA Property (Lower Colorado River Authority, SB 535 by Senator Glenn Hegar (R-Katy). This bill clarified problems in the state law that could have led to prosecutions of CHL holders on LCRA property and makes permissible the discharge of a firearm for self-defense. It passed without opposition, was signed by Governor, and goes into effect on September 1, 2007.
•TSRA Specialized License Plate Language Change~HB 2045 by Rep. Larry Phillips (R-Sherman)/Senator Bob Deuell (R-Greenville)
This new law will clarify the expenditure process for thousands of dollars raised by TSRA members purchasing special organizational license plates. It passed without opposition, was signed by the Governor, and goes into effect on September 1.
•Laser-sight Hunting of Texas Game Animals for Visually Handicapped Hunters~HB 308 by Rep. Edmund Kuempel (R-Seguin)/Senator Craig Estes (R-Wichita Falls)
Despite media hoopla, Texas is not passing a law to make it legal for blind people to hunt. It is currently legal for anyone with a Texas hunting license, and no handicap is excluded. Passage of HB 308 will create a better hunting experience and more ethical shot for legally blind hunters when hunting with a sighted spotter of a certain age. This bill passed with no opposition, other than that of radio talk show hosts, was signed into law by the Governor on June 15, and went into immediate effect.
•Protect Second Amendment Rights for Foster Parents~SB 322 by Senator Bob Deuell (R-Greenville)/Rep. Dan Flynn (R-Van)
The homes of foster children are regularly and thoroughly inspected for any number of hazards including storage of medicines, power tools, swimming pools, hazardous chemicals, firearms, and even car keys!
However, a new administrative rule developed by Texas Child Protective Services would have called for the removal of all firearms from the property of foster parents with "special needs" children. These CPS rules would have been the most restrictive in the country, even more restrictive than those in New York or California! This regulation would have effectively ruled that foster parents be deprived of their Second Amendment rights and the ability to protect the children in their care. CPS has been forced to return to the "safe storage" rule that has never been known to cause a death or injury to a foster child. This bill passed overwhelmingly, was signed into law by the Governor on June 15, and went into immediate effect.
In addition to passing these bills, we succeeded in stopping (in their tracks) bills that would have mandated the following:
* An end to gun shows in Texas as we know them (HB 594, by Yvonne Davis of Dallas)
* A smorgasbord of anti-gun favorites rolled into one: one-gun-a-month, DPS registration, waiting period, and an end to private transfers (HB 595, also by Yvonne Davis of Dallas). This bill actually would have required DPS approval for every handgun sale by a dealer OR individual in the State of Texas!
As you can see, the pro-freedom forces did very well in Austin during the 140 days of the 80th Legislative Session!
But we need to look forward to the 81st session, which begins in January of 2009. In the time in between, we will be examining laws that still need changing in interim studies by the Legislature. We will be evaluating candidates of both major parties for their support of our rights. And finally, we will ensure another victorious session in 2009.
This is where we need your help. Every year, we face tougher, better-funded, and more-sophisticated opposition. Despite their funding, slick magazines, web pages, and TV commercials, we wouldn't trade places with any of them! Because we are right and we are defending the cornerstone of Texan and American freedom: the right to keep and bear arms!
2007 Was Our Best Year Ever For Gun Owners in Texas
On May 28, the Texas Legislature adjourned "sine die," meaning they had no further business to conduct. For most of us, this session was marked with many new travails: unprecedented strife among the lawmakers, opposition of a type and on a scale we had never faced before, and the most ambitious legislative agenda we had ever attempted to pass.
While many groups like the NRA and TSRA are happy to pass a single piece of legislation in Austin, we worked on an aggressive pro-gun legislative agenda composed of nine bills, and secured passage by the House and Senate of eight of them! We are pleased to let you know that all of these bills were signed into law by Governor Perry.
The new laws passed are:
•Castle Doctrine/"Stand Your Ground" Legislation~SB 378 by Senator Jeff Wentworth (R-San Antonio)/Rep. Joe Driver (R-Garland)
This legislation puts the protection of the law where it belongs: with the law abiding, not the law breaking. If a criminal unlawfully enters or intrudes into your home, occupied vehicle, or place of business, you can presume that he is there to cause death or great bodily harm and you may use any manner of force, including deadly force, against him. The bill also explicitly states in law that you have no "duty to retreat" from a criminal attack if you are in any place you have a right to be and you are not engaged in unlawful activity. Last, the proposal would limit the ability of criminals and their families to sue victims for killing or injuring their attackers. This was signed into law by Governor Perry, the first bill signed into law this legislative session! It will go into effect on September 1, 2007.
•Emergency Powers Act Amendments~SB 112 by Senator John Carona (R-Dallas)/Rep. Frank Corte (R-San Antonio)
This law limits the powers of municipalities to seize or confiscate firearms in times of emergency. This law will ensure that Katrina-style, Mayor Nagin-inspired civilian disarmament will never happen in the Lone Star State. It has been signed into law by Governor Perry and went into immediate effect!
•Replacement for the "Traveling" Law Passed in 2005~HB 1815 by Rep. Carl Isett (R-Lubbock)/Senator Juan "Chuy" Hinojosa (D-McAllen)
Currently referred to as the "Motorists Protection Act"
In 2005, the Texas Legislature passed a bill establishing that a person is presumed to be traveling if he or she is in a private motor vehicle, is not engaged in criminal activity, is not prohibited by law from possessing a firearm, and is not a member of a criminal street gang. The clear intent was to protect law-abiding citizens' right to carry a handgun concealed for personal protection in their cars or trucks without needing a Concealed Handgun License (CHL).
However, some District Attorneys in Texas have thumbed their noses at the intent of the law and have gone so far as to issue public statements that they will arrest anyone found within their jurisdictions to be carrying a handgun in his or her vehicle without a CHL. HB 1815 fixes that problem once and for all.
HB 1815 includes the same safeguards and requirements passed by the 79th Legislature. However, it will no longer be an offense for Texans to have a handgun in their vehicles or vehicles under their control. It passed unanimously in both houses of the Texas Legislature, was signed by the Governor, and goes into effect on September 1, 2007.
•CHL Confidentiality~HB 991 by Rep. Patrick Rose (D-Dripping Springs)/Senator Bob Deuell (R-Greenville)
The bill would prohibit access to information regarding CHL applicants and license holders, except by federal, state, and local law enforcement agencies and their employees. Twenty-six "Shall Issue" states have enacted confidentiality provisions as part of their concealed carry statutes. This bill passed overwhelmingly in both houses and was signed by the Governor on May 23, and went into immediate effect!
•Possession of Handgun by a CHL on LCRA Property (Lower Colorado River Authority, SB 535 by Senator Glenn Hegar (R-Katy). This bill clarified problems in the state law that could have led to prosecutions of CHL holders on LCRA property and makes permissible the discharge of a firearm for self-defense. It passed without opposition, was signed by Governor, and goes into effect on September 1, 2007.
•TSRA Specialized License Plate Language Change~HB 2045 by Rep. Larry Phillips (R-Sherman)/Senator Bob Deuell (R-Greenville)
This new law will clarify the expenditure process for thousands of dollars raised by TSRA members purchasing special organizational license plates. It passed without opposition, was signed by the Governor, and goes into effect on September 1.
•Laser-sight Hunting of Texas Game Animals for Visually Handicapped Hunters~HB 308 by Rep. Edmund Kuempel (R-Seguin)/Senator Craig Estes (R-Wichita Falls)
Despite media hoopla, Texas is not passing a law to make it legal for blind people to hunt. It is currently legal for anyone with a Texas hunting license, and no handicap is excluded. Passage of HB 308 will create a better hunting experience and more ethical shot for legally blind hunters when hunting with a sighted spotter of a certain age. This bill passed with no opposition, other than that of radio talk show hosts, was signed into law by the Governor on June 15, and went into immediate effect.
•Protect Second Amendment Rights for Foster Parents~SB 322 by Senator Bob Deuell (R-Greenville)/Rep. Dan Flynn (R-Van)
The homes of foster children are regularly and thoroughly inspected for any number of hazards including storage of medicines, power tools, swimming pools, hazardous chemicals, firearms, and even car keys!
However, a new administrative rule developed by Texas Child Protective Services would have called for the removal of all firearms from the property of foster parents with "special needs" children. These CPS rules would have been the most restrictive in the country, even more restrictive than those in New York or California! This regulation would have effectively ruled that foster parents be deprived of their Second Amendment rights and the ability to protect the children in their care. CPS has been forced to return to the "safe storage" rule that has never been known to cause a death or injury to a foster child. This bill passed overwhelmingly, was signed into law by the Governor on June 15, and went into immediate effect.
In addition to passing these bills, we succeeded in stopping (in their tracks) bills that would have mandated the following:
* An end to gun shows in Texas as we know them (HB 594, by Yvonne Davis of Dallas)
* A smorgasbord of anti-gun favorites rolled into one: one-gun-a-month, DPS registration, waiting period, and an end to private transfers (HB 595, also by Yvonne Davis of Dallas). This bill actually would have required DPS approval for every handgun sale by a dealer OR individual in the State of Texas!
As you can see, the pro-freedom forces did very well in Austin during the 140 days of the 80th Legislative Session!
But we need to look forward to the 81st session, which begins in January of 2009. In the time in between, we will be examining laws that still need changing in interim studies by the Legislature. We will be evaluating candidates of both major parties for their support of our rights. And finally, we will ensure another victorious session in 2009.
This is where we need your help. Every year, we face tougher, better-funded, and more-sophisticated opposition. Despite their funding, slick magazines, web pages, and TV commercials, we wouldn't trade places with any of them! Because we are right and we are defending the cornerstone of Texan and American freedom: the right to keep and bear arms!
