Via Sen. Bob Hall
Protecting the Second Amendment in Texas
Gideon Tucker, an American lawyer, newspaper editor and politician may have been the first to note in 1866 that, “No man’s life, liberty or property are safe while the Legislature is in session.” It remains true today that anytime the legislature meets bills are filed that would restrict your God-given right to the means of self defense that is protected in the 2nd Amendment of the U.S. Constitution and the Texas Constitution.
My staff is vigilant to review every filed bill to ensure that those bills which might infringe upon your rights do not pass while good, liberty-advancing bills are recognized and supported in the manner they deserve.
One example of an anti-gun bill that has been filed is HB 195 which attempts to eliminate the so called “gun show loophole.” This bill would essentially eliminate the private sale of firearms at gun shows because of the additional paperwork and background checks that would be required. It would make both the seller and the gun show organizer guilty of a criminal act if the proper paperwork and background checks are not conducted. My staff and I will continue to track this bill and other restrictive bills as they advance through the legislative process.
Defense on bad bills is important, but we also like to pass good laws that remove restrictions and encourage lawful gun ownership and use. I have filed two bills so far with that purpose.
The first bill is SB 378 (State Preservation of 2nd Amendment). The bill would be a preemptive move to prohibit the use of public funds to enforce federal or international laws regulating firearms and accessories in a manner more restrictive than Texas state law. As an example, if the federal government limited the size of magazines, Texas law enforcement could not use state funds to enforce that law. Entities violating the provision would not qualify for any state grants in the fiscal year following the violation.
The second bill is SB 381 (LTC Handgun Protection). This bill would create a defense to prosecution for trespass if a license to carry (LTC) holder who is carrying a handgun is personally given notice by oral communication to leave a property with a 30.06 or 30.07 sign and promptly departs from the property. This bill also lowers the fine from $200 to $5 if the person departs the property promptly after being given oral notice, and lowers the offense from a Class A misdemeanor to a Class C misdemeanor, punishable by a $200 fine, if the person does not depart promptly after being given oral notice.
We continue to work on possible additional legislation to further protect the rights of Texans. The most cost effective means to increase safety is for Texans to have the means of self-defense. Gun free zones disarm law-abiding citizens and take away their ability to protect themselves and others. Criminals, by definition, do not follow the law. The fact that an area is designated “gun free” does little to deter them from taking advantage of disarmed law-abiding citizens. In fact, virtually all mass shootings occur in areas designated as gun free zones.
Our children’s schools are a primary target for mass shootings due to their designation as gun free zones. Willing teachers, school employees, and parents are prohibited from protecting themselves and their children from those who have no qualms about intentionally ignoring the law. Provisions should be made to allow willing, qualified, licensed individuals to exercise their right to self-defense by removing the gun free status of public school campuses.
Finally, we will be re-filing legislation that we filed last session to ensure a property owner who does not post a 30.06/30.07 sign, thus allowing individuals to lawfully carry a weapon, is not liable for the misuse of a weapon by perpetrators. It is good policy to clarify that property owners do not increase their liability by allowing guns. We want to encourage property owners to allow others to have the ability to defend themselves.
Senator Bob Hall
P.O. Box 12068
Capitol Station
Austin, TX 78711
(512) 463-0102
