On Sept. 1, Texas Members will be able to open a big ol’ goodie bag of upgraded self-defense freedoms, courtesy of Gov. Abbott and the Texas Legislature. Click the video below to see Independent Program Attorney Emily Taylor alert you to some of the changes. Transcript appears below the video.
2017 Texas Legislative Session has come to an end and the Lone Star State has several new firearms and self-defense related bills that have been signed into law by Governor Abbott and will go into effect on September 1, 2017.
Knives
House Bill 1935 amends Texas Penal Code Section 46.016 to remove the term “illegal knife” and create the term “location-restricted knife.” Knives will no longer be specifically classified as daggers, dirks, stilettos, swords, so on and so forth. Instead, all knives that have a blade over five and half inches from guard to tip, are simply location-restricted.
Any knife that has a blade shorter than five-and-a-half inches is legal and unregulated. As of September 1st, so long as you’re over the age of 18, it’ll be legal for you to carry your location-restricted knife on your person anywhere that isn’t set out by law as being restricted.
What are these restricted areas? 51% establishments, high school, collegiate, or professional sporting events, correctional facilities, hospitals, mental hospitals, nursing facilities, amusement parks, and places of religious worship. Also the premises of a school are off-limits. Anywhere else you’re free to carry your location-restricted knife unless you’re under the age of 18, in which case you can only have that knife on your own property, in your own motor vehicle or watercraft, or under the direct supervision of a parent or guardian.
NFA Items for Self-Defense
We’ve got another bill this session that should delight those of you out there interested in purchasing and possessing NFA items. House Bill 1819 will remove suppressors from the list of prohibited weapons, if and only if, the Federal Hearing Protection Act of 2017 becomes law.
This bill also clarifies the murky issues surrounding the Mossberg 590 Shockwave. It amends Texas Penal Code 4605 to state that those weapons not subject to ATF registration, are not prohibited weapons under Texas law. This means that since the ATF has chosen not to regulate the Mossberg Shockwave, despite its 14-inch shotgun barrel, Texas will follow suit, and not consider this item a short-barreled shotgun.
Improvised Explosive Devices
For you amateur bomb-makers, the news isn’t so happy.
House Bill 913 has added improvised explosive devices to the list of prohibited weapons. This law defines IED as the completed and operational bomb, which means that the unassembled, non-military components, or explosive components used for target practice, for example, tannerite, still legal to possess.
Security Officers
If you’re a school employee, volunteer emergency service personnel, or volunteer church security, and you’ve got an LTC, your carry rights have been expanded and clarified through bills SB1566, HB435, and SB2065. Texas Peace Officers who are off duty have also had
their carry rights expanded through HB873. For more information on these lesser-known bills, call the Texas LawShield business line and ask to speak to an independent program attorney.
License Renewal Fees
Finally, if you’re looking to get your license to carry, or it’s time for your renewal, you’re in luck. SB16 reduces the application fee from $140 to $40, and the renewal fee from $75 to $40. SB263 also does away with the minimum caliber requirements for your firearm used to qualify during the range portion of your license-to-carry class.
If you’d like more information about any of these bills, contact Texas LawShield.
Is it still illegal to carry a telescoping baton in Texas? If yes, is there anyone working on this for future legislation?
Hi Trish. Thanks for your question! Please see the below response from one of our Independent Program Attorneys here in Texas.
“Yes, telescoping batons are clubs and are still considered weapons for unlawful carrying under Texas Penal Code 46.02. Only time will tell if the Texas Legislature tries to remove them from this prohibition in 2019. While there is an organization called “Knife Rights” we are unaware of any organization specifically lobbying for club rights.”
Law Shield,
Thank you for fixing it so we can comment without having to have a facebook
account. A lot of us do not use the “Anti-social Media”.
Amen. Though I went dark because of my job status..P.I.
What a joke of a legislative process.
And if you use a firearm to defend yourself against a vicious dog you are still going to have your firearm confiscated, you will be arrested, jailed, hopefully bonded out, your travel restricted, charged with the bogus “display of firearm calculated to alarm” your LTC suspended and you will be adjudicated as a “vicious human”
And Texas likes to pride itself for being “gun friendly”
NOT!
We are gun friendly we just don’t like people shooting our dogs for no real reason
A frothing at the mouth murder dog aka pitbull charging at you or your dogs is a REAL REASON
OK folks, let’s get picky. In your article about knives you state that blades OVER 5 1/2 inches are location restricted and blades SHORTER than 5 1/2 inches are legal. Leaves me pondering about my knife with a 5 1/2 inch blade. Ditto about the age requirements. UNDER age 18, lots of restrictions. OVER age 18, legal. What is the status of a person on their 18th birthday? Charles D Richardson TX839712.
Hi Charles. Thanks for your question! Please see the below response from one of our Independent Program Attorneys here in Texas.
“Only knives with blades OVER 5 ½ inches are regulated, therefore any knife that does not have a blade OVER 5 ½ inches are not regulated. Additionally, only children UNDER the age of 18 are regulated, therefore once they are no longer UNDER the age of 18, they are no longer regulated for carrying location restricted knives.”
Schools, collegiate, or professional sporting events, correctional facilities, hospitals, mental hospitals, nursing facilities, amusement parks, and places of religious worship. Are these places automatic PC 30.06 and PC 30.07 or do they have to have the sign posted.
Hi Dan. Thanks for your question! Please see the below response from one of our Independent Program Attorneys here in Texas.
“Under Texas Penal Code Section 46.035, the statutory prohibited places that must provide 30.06 and/or 30.07 notice so that an LTC holder commits a crime if he/she goes into the premises are: hospital, nursing facility, amusement park, church, synagogue, or other place of religious worship, or the meeting of a governmental entity. However, if a hospital is also an institution of higher learning, i.e. Baylor College of Medicine or UTMB, then a handgun carried by an LTC holder (if allowed) must be concealed.”
So do these same location restrictions apply to my handgun even though I have a LTC. I’m typically packing when I take mom to the hospital. I’ve never yet seen a 30.06 or 30.07.
If you read the handbook given when you take you ltc class it will tell you by law you are not allowed to carry on any hospital grounds.
“SB263 also does away with the minimum caliber requirements for your firearm used to qualify during the range portion of your license-to-carry class.”
This is a mistake.
You know there are knuckleheads out there that will take the practical with a .25/.32, then start carrying a 9mm/.40/.45 the second they get their license.
There’s no way of knowing how often a private citizen practices. The ‘display of competency’ portion of the LTC class should not have been compromised like this.
So, do you know how many of the “it’s OK to carry in your vehicle without a license whilst travelling” are Range qualified…at all?
I agree with you. I think there are several things Texas gun groups are trying to pass that defy common sense. One in particular is Right to Carry for anyone. I have had my Conceal Carry since Texas instituted it. But I think it is very important that if you are going to Carry that you should be trained in useage and the gun laws. I don’t want every Tom, Dick and Harry carrying who don’t have a clue how to responsibly and lawfully use a gun. It will result in chaos!!
I heard that you could conceal carry now without a license, is that correct and if so what is the law.?
Hi Jim. Thanks for your question! Please see the below response from one of our Independent Program Attorneys here in Texas.
“Are you asking about Texas law? If so, the answer is absolutely NO. Texas has not changed its prohibition against carrying a handgun either open or concealed without a license. It is illegal to do so unless you are on property under your control or in a car under your control or on a boat under your control (handguns carried in cars and boats by people without an LTC must be concealed.)
What is the legality for a worshipper to carry while attending a house of worship ?
Hi Kevin. Thanks for your question! Please see the below response from one of our Independent Program Attorneys here in Texas.
“It is legal for an LTC holder to carry a handgun in a place of religious worship unless they are given effective 30.06 and/or 30.07 criminal trespass notice.”
Will Texas teachers be legally allowed to carry their weapons on campus?
Hi Dan. Thanks for your question! Please see the below response from one of our Independent Program Attorneys here in Texas.
“Generally teachers at elementary and secondary schools cannot carry their handguns into school buildings or at school-sponsored events. However, teachers can carry into elementary and secondary school buildings if they have written permission from their school administration or school regulations. Teachers who are LTC holders at state-supported junior colleges, colleges, and universities, can carry concealed handguns into buildings as long as they are not posted with 30.06 criminal trespass signs. All teachers who are LTC holders can keep firearms and ammunition concealed in their locked motor vehicles on school parking lots.”
I see these new laws as more flexibility for a legal tax paying citizen to carry and protect himself or his family. I don’t care what caliber of weapon people qualify with. It’s all about how they handle the weapon and the rules of the road for carry you all should know that. Very few Texans have a license to carry and I hope more of us Texans get a license and training classes to better protect themselves if the need ever arises.
Thanks to our governor.
Proud Texan.
I agree that the competency skill test should not have been compromised because of knuckleheads shooting .22s at the range and then when their LTC comes in , start carrying “The Judge”.
If you think “failing” the “skill test” was ever sufficient grounds to hold someone’s Constitutional Rights in abeyance, you’re even more short-sighted than the politicians. Constitutional carry is coming to TX, and we won’t even be in the first 20% of States to adopt it. It’s just a matter of time. Further, if you thought the skill test was ever “adequate” in any sense of emulating a real self-defense situation, you’re kidding yourself far more than somebody who actually intends to carry a .22, or even something enormous that they’ve never actually fired. For instance, the skill test never had anyone draw from concealment, much less anything like a “Tueller Drill”, and that’s 90% of the battle right there. Still, simply having a gun provides an undeniable potential for survival that not having a gun simply cannot. Time to start thinking in terms of “incentives” to complete training, rather than always defaulting to unconstitutionally-restrictive “laws”. (Texas Law Shield is in a unique position to take the lead on offering incentives to those who complete advanced training.)
I saw that clubs were now removed from banned weapons just months ago! Are telescoping batons now legal in Texas?