New Gun Law Takes Effect

 

By: Howard M. Bookstaff, General Counsel

 

 

Effective September 1, 2021, a new law takes effects regarding the carrying, possessing, transporting, and storing of a firearm or other weapon.

 

  1. Background.

     

    According to the bill analysis:

     

    The Second Amendment enshrined the right to bear arms in the U.S. Constitution. There are concerns that state law infringes on the free exercise of that right, namely by requiring a license, which takes time and money to obtain, to legally be able to carry a handgun. The new law seeks to reduce barriers to the free exercise of Texans’ constitutional right to bear arms and defend their lives and property by making it legal for individuals who are 21 years of age or older and who can legally possess a firearm to carry a handgun without first obtaining a license. The new retains the handgun license in statute as optional to allow reciprocity with states that have not yet passed similar legislation.

     

  2. The Change:

 

           Section 30.05 of Penal Code (the general trespass law), is modified to allow private property owners to post a sign to prohibit firearms on their property. The sign must:

 

  1. include language that is identical or substantially similar to the following:

     

    Pursuant to Section 30.05, Penal Code (Criminal Trespass), a person may not enter this  property with a firearm;

     

  2. include this language in both English and Spanish;
  3. appear in contrasting colors with block letters at least 1 inch in height; and
  4. be displayed in a conspicuous manner clearly visible to the public.

 

Although signage can be posted, Section 30.05 also provides that it is a defense to prosecution under this section that:

 

  1. the basis upon which entry on a property or land or in the building is forbidden is that entry with a handgun was forbidden; and

     

  2. the person was carrying:

 

  1. a license issued under the Government Code to carry a handgun; and

     

  2. a handgun in a concealed manner or in a holster.

 

Sections 30.06 (trespass by a licensed holder with a concealed handgun) and 30.07 (trespass by a licensed holder with an openly carried handgun) remain essentially unchanged. Section 30.06 allows private property owners to post a sign giving notice that entry on the property by a license holder with a concealed handgun is forbidden. Section 30.07 allows property owners to give notice that entry on the property by a license holder opening carrying a handgun is forbidden.

 

The new law also provides that a peace officer who is acting in the lawful discharge of the officer’s official duties may disarm a person at any time the officer reasonably believes that it is necessary for the protection of the person, officer, or another individual. However, the peace officer is required to return the handgun to the person before discharging the person from the scene if the officer determines that the person is not a threat to the officer, person, or another individual and if the person has not committed a violation that results in the arrest of the person.

 

Another change under this law provides that it does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed from carrying a handgun on the premises of the business.

 

The new law does not change Section 92.026 of the Property Code which provides that unless possession of a firearm or firearm ammunition on an owner’s property is prohibited by state or federal law, an owner may not prohibit a resident or a resident’s guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:

 

  1. in the resident’ unit;
  2. in a vehicle located in a parking area provided for residents or guests; or
  3. in other locations controlled by the owner as necessary to enter or exit the resident’s unit, the property, or the vehicle of the resident or guest on the property.

 

Based upon the new law, you have a choice of what you can restrict on your property if you desire. You can post a sign restricting general firearms, persons carrying a concealed handgun or persons openly carrying a handgun.