Some New Concealed Handgun Laws
Effective September 1, 2005

Several new laws have been passed by the Texas Legislature and signed by Governor Perry to become effective on September 1, 2005. Although trying to detail all of them would take up to much space, I will try and summarize a couple of very important ones:

Renewal time has been extended from 4 years to 5 years. This is only for licenses that expire after September 1, 2005.

Active duty, or honorably discharged, military may obtain a license when they are 18 years of age. All fees to the state are cut in half for active duty military and range qualification is optional.

You may have heard about a new law [HB 823] which allows Texans to carry a handgun in their private vehicle without a license. The following is a preliminary explanation of this new law:
several prosecutors have voiced their opinions that this law, in it's present form, is simply a "feel good law". That means it was passed to appease certain groups, but really has no teeth. In essence, this law simply changes the presumption of traveling, thereby shifting the burden of proof to the State to prove otherwise. Before this law, the charge of Unlawfully Carrying forced the Defendant to prove he/she was traveling based on the definitions of traveling, i.e., traveling through two counties, as set forth in case law (there was no definition of traveling in the Penal Code). Now, if he/she is in a private vehicle, it is presumed he/she is traveling, however the state can, and probably will, now offer proof the person charged was not traveling based on the definition of traveling in, guess what, state case law. The state can show, for example, the person arrested for Unlawfully Carrying had perishable groceries in their vehicle or was going to work, etc., so consequently, they did not meet the test of traveling as defined by case law. This is called "rebuttal presumption" As in many laws, a lot will depend on the subjective reasoning of the officer. It has always been generally accepted by many Texas Peace Officers for Texans to carry weapons in their vehicles without a license. In these cases, more were not arrested than were. Mostly it depended on the attitude of both the officer and driver. Until new case law is established, or opinions set forth by the Attorney General, the same will hold true. The average citizen should always consider getting a concealed handgun license to prevent being arrested for Unlawfully Carrying and becoming the new case law, even with the presumption of traveling now going to the charged. It is certainly conceivable this law, by rewriting, could gain more teeth in the next several years, but for right now, nothing takes the place of the license to remove any doubt in the officer's mind.

ELIGIBILITY

You must be 21 years of age at the time DPS receives the full application.

An applicant must have been a resident of this state for the six-month period preceding the date of application, relocate to this state with the intent to establish residency in this state, or must be eligible for a non-resident license as provided by the Act. In order to qualify for a non resident license, you must be a resident of one of the following states: Illinois, Kansas, Missouri, Nebraska, New Mexico, Ohio, Vermont, Wisconsin, or Washington DC.

You may NEVER have been convicted of a felony, and you may NOT have been convicted of a Class A or B misdemeanor within the last 5 years.

You may not have been convicted of the Class C misdemeanor "Disorderly Conduct" in the last 5 years.

You may not have been found by a court to be in default on any student loan.

You may not have been found by a court to be in default on any state or city taxes.

You may not have been found by a court to be in default on child support.

You may not presently be charged with a: 1)Felony, 2)Class A or B misdemeanor, 3)Class C Disorderly Conduct.

You may not be currently under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interest.

You may not (in the last 10 years preceding the date of application) have been adjudicated as having engaged in juvenile delinquent conduct violating a penal law of the grade of felony.

You cannot have made any material misrepresentation, or failed to disclose any material fact, in an application submitted to DPS.

You cannot have been convicted twice within the last 10 years for any Class B misdemeanor, or greater, involving the use of alcohol or a controlled substance. You cannot be a fugitive from justice, a chemically dependent person, or a person of unsound mind.

PROCEDURES

DPS is in the process of phasing out the pre registration form. Application packages are now supplied by the instructor at the time you take the course. You will also need either a Texas Driver's License or Texas State ID for DPS to accept the application form.

After passing the required training, you will then send all the paperwork, along with $140.00, to DPS, and within 60 days (presently, maybe more), receive your Texas Concealed Handgun License. Licenses are issued for a minimum of 4 years.

NOTE: After taking the class, you have up to two (2) years to send the completed application and fee to DPS, however, DPS may be getting ready to change this to one year.

 

RECIPROCITY

Texas has reciprocal agreements with Arizona, Arkansas, Florida, Louisiana, Oklahoma, Kentucky, Tennesee and Wyoming. In addition, the following states recognize the Texas CHL: Georgia, Idaho, Indiana, Michigan, Montana,and Utah. (Source: Concealed Handgun Manual, Chris Bird, 2nd ed.). Need more reciprocity information? Check www.packing.org.

 

All strings start from "low ready". All shooting may be done with one or two hands. The test is shot using the TXPT target shown to the right. The 5 point area on the target is approximately 12" across. The whole target is close to life size. There is no requirement to qualify with the gun you intend to carry. If you qualify with a semi-auto (SA) you will be allowed to carry either a revolver or semi-auto of any caliber. If you only qualify with a revolver (NSA) you cannot legally carry a semi-auto. You get three attempts to pass. A 70% score (175 points) is a passing score.

 

CHL SHOOTING TEST

3 yards, 20 rounds

  • 1 shot, 2 seconds, 5 times
  • 2 shots, 3 seconds, 5 times
  • 5 shots, 10 seconds, 1 time

7 yards, 20 rounds

  • 5 shots, 10 seconds, 1 time
  • 2 shots, 4 seconds, 1 time
  • 3 shots, 6 seconds, 1 time
  • 1 shot, 3 seconds, 5 times
  • 5 shots, 15 seconds, 1 time

15 yards, 10 rounds

  • 2 shots, 6 seconds, 1 time
  • 3 shots, 9 seconds, 1 time
  • 5 shots, 15 seconds, 1 time

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