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Texas Concealed Handgun Law

1997 November 8
by admin

 Reserve Law Officers

Association of America

National Headquarters: San Antonio, Texas

Texas Concealed Handgun Law

Some changes became effective September 1, 1997. One major change is in the section which lists the places where concealed handgun license holder may not carry. Under the original law, a church was off limits, but the 1977 Legislature removed churches from the list. There were other changes needed to allow churches to post notices which would then permit them to bar licensees from carrying on church property. The following contains those changes in both Art. 4413(29ee) VTCS, and Section 30.06 of the Penal Code.

TEXAS CIVIL STATUTES (as of Sept. 1, 1997)

Art. 4413(29ee). License to carry a concealed handgun.

(Sections 1, 2, 3, 5, 6, 12, 13, 16, 17, 18, 28, 28A, 31 and 35 only.)

Sec. 1. Definitions. (Subsection (4) only.) (4) “Convicted” means an adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication which has been subsequently: (A) expunged; or (B) pardoned under the authority of a state or federal official. (Chgd. by L.1997, chap. 1261(1), (31), eff. 9/1/97.)

Sec. 2. Eligibility. (Subsections (a) and (d) only.)

(a) A person is eligible for a license to carry a concealed handgun if the person:

(1) is a legal resident of this state for the six-month period preceding the date of application under this article or is otherwise eligible for a license under Section 35(a) of this article;

(2) is at least 21 years of age;

(3) has not been convicted of a felony;

(4) is not charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;

(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor;

(6) is not a chemically dependent person;

(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

(9) is fully qualified under applicable federal and state law to purchase a handgun;

(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;

(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, tax collector of a political subdivision of the state, Texas Alcoholic Beverage Commission, or any other agency or subdivision of the state;

(12) has not been finally determined to be in default on a loan made under Chapter 57, Education Code;

(13) is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, not including a restraining order solely affecting property interests;

(14) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and

(15) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 3 of this article or in a request for application submitted pursuant to Section 4 of this article.

(d)(1) For purposes of Subsection (a)(7) of this section, a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if:

(A) the person has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;

(B) the person suffers from a psychiatric disorder or condition described by Paragraph (A) of this subdivision that:

(i) is in remission but is reasonably likely to redevelop at a future time; or

(ii) requires continuous medical treatment to avoid redevelopment;

(C) the person has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person’s own affairs; or

(D) the person has entered in any criminal proceeding a plea of not guilty by reason of insanity.

(2) The following are evidence that a person has a psychiatric disorder or condition described by Subdivision (1)(A) of this subsection:

(A) involuntary psychiatric hospitalization in the preceding five-year period;

(B) psychiatric hospitalization in the preceding two-year period;

(C) inpatient or residential substance abuse treatment in the preceding five-year period;

(D) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or

(E) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:

(i) schizophrenia or delusional disorder;

(ii) bipolar disorder;

(iii) chronic dementia, whether caused by illness, brain defect, or brain injury;

(iv) dissociative identity disorder;

(v) intermittent explosive disorder; or

(vi) antisocial personality disorder.

(3) Notwithstanding Subdivision (1), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subdivision (1) or listed

The following gives the

Texas Penal Code changes

CHAPTER 30 – BURGLARY AND CRIMINAL TRESPASS

Sec. 30.06. Trespass by holder of license to carry concealed handgun.

(a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Article 4413(29ee), Revised Statutes, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) “Entry” has the meaning assigned by Section 30.05(b).

(2) “License holder” has the meaning assigned by Section 46.035(f).

(3) “Written communication” means:

(A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Article 4413(29ee), Revised Statutes (concealed handgun law), may not enter this property with a concealed handgun”; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(Added by L.1997, chap. 1261(23), eff. 9/1/97.)

Revised November 8, 1997

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