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Texas HB 375

HAP 334

Panel Briefing and Summary Assignment  

Executive Summary

Texas HB 375 is a controversial bill for an number of reasons. First of all, it brings up the issue of gun-control, which is a large issue for all states, but especially those in the south. Additionally, the bill deals with the difficult-to-achieve balance between second amendment rights and public protection. Much of the pro-camp’s argument is based around the idea that 1) other states have it, and 2) your second amendment rights should be upheld over the rights of other citizens’ safety, simply because it is not guaranteed that a gun owner will shoot someone else (De Haes, 2017). In a statement, a sponsor for the bill said:

“The basic questions that are already on the application really aren't that sophisticated,” Thompson (advocate for the bill) said. “It's a very basic test that doesn't require a great deal of study” (2017). The statement, according the the anti-HB 375 group, is a blatant disregard for gun safety education and a dismissal of its necessity (Spencer, 2017). Opposing legislators have attempted to provide “safe havens” or pockets within the state where HB 375 would not apply. Senator Howard, a strong opponent of the bill and an advocate for public health and safety, has submitted multiple bills in order to provide gun-free zones on college campuses (McPhate, 2017).

In looking at the progress of HB 375 after being filed in November of 2016, it has not been able to successfully pass the first stage. It is currently pending within the Homeland Security and Public Safety Committee. Despite its standstill (Texas Legislature, 2017). Strickland, who is the representative of the bill, states that his GOP colleagues would pay a political price if they failed to adopt the bill (Freskos, 2017). However, Larry Arnold, a legislative director of the Texas Concealed Handgun Association, questions if lawmakers will even allow constitutional carry to be eligible for vote in 2017 or if it will take some time to for this bill to exit the House Committee (Freskos, 2017). In the meantime, another bill, called HB 1911, has been in the works to be introduced and would give authority for unlicensed people to carry a firearm if they met the certain requirements that would be stated in the bill (Texas Legislature, 2017). As for now, there is nothing we can do except wait.

The history of gun ownership, possession and control is a long and rich narrative in the state of Texas, stemming all the way back from colonization and the war of Texas Independence In 1835. From the time the Mexican Army demanded the guns of Texans as a way of disarming them, the battle cry for Texans is that they will have to have their guns pried away “out of their cold, dead hands. Once the 2nd Amendment guaranteed the rights to bear arms to American Citizens, (which did not include Blacks, Women or any other POC), the right to possess a firearm

has been a source of Texan Pride. A number of legislative acts have ensured that Texans retain their right to bear arms including the Castle Doctrine: which gives permission to use deadly force against a person “who unlawfully and with force, enters or attempts to enter the dwelling”, the Stand Your Ground Clause: included in the Castle Doctrine which states that a person who is legally fine where they are has no duty to try and leave the situation before justifying shooting someone, the Civil Immunity Law prevents a person whom has EVER been convicted of a misdeameanor or felony from filing suit against being shot if damages are suffered as the result of a criminal act or ‘justifiable shooting’, the Motorists Protection Act allows any resident to carry a handgun in the resident’s motor vehicle without a license or permit and the National Firearms Act states that possession of destructive devices such as automatic firearms (machine guns), short-barrel shotguns, and other such NFA-restricted weapons are permitted by Texas law as long the item is registered into the NFA registry. These precluding laws and statutes have all paved the way for HB 375 Texas Constitutional Carry Act of 2017. HB 375 allows for all of the previous permissions to stand as well as removing the need for a license. There are however restrictions as to where firearms can be carried by citizens with or without a license.

Laws on Purchase, Possession and Carrying of Firearms in the State of Texas

Machine Guns It is unlawful to possess, manufacture, transport, repair or sell a machine gun, explosive weapon, short-barreled firearm, or silencer. Federal registration of such an item under the National Firearms Act is a defense to this prohibition.

Miscellaneous A violation of the state’s firearms laws that occurs within 300 feet of a school or on premises where a school function is taking place shall result in an increased punishment.

Antiques and Replicas Antique or curio guns manufactured before 1899 and replicas thereof which do not use rim fire or center fire ammunition are not included in the definition of “firearm” as it is used in Texas Penal Code Title 10, Chapter 46, which governs weapons.

Carry A person commits an offense of unlawfully carrying a weapon if the person intentionally, knowingly, or recklessly carries a handgun on or about his or her person unless the person is on one's own premise or premises under the person's control or inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

It is unlawful for a handgun license holder to carry a handgun while intoxicated. It is unlawful for a handgun license holder to carry a handgun openly on the premises of an institution of higher education.

Purchase A Texas resident, if not otherwise precluded by law, may purchase rifles and shotguns, ammunition, reloading components, or firearms accessories in contiguous states.

Possession No state license is required to possess a rifle, shotgun or handgun. There are restrictions on possession by a person: convicted of a felony or a Class A misdemeanor involving the person’s

Khaled’s Paragraph : Subject started with an international comparison then switch to national (state) comparison Internationally speaking, and according to the Small Arms survey (2007), United States comes at the top of the list of countries with the most guns per capita since there is 88.8 guns for every 100 residents. While Yemen comes second with 54.8 guns per 100 residents and Switzerland comes at third place with 45.7 guns per 100 residents. The fourth and fifth places are reserved for Finland and Serbia with 45.3 and 37.8 guns per capita. The reason I brought those numbers up because I want to compare United States with other countries since we are comparing Texas with other states that passed the same law; knowing that there is correlation between death and gun ownership in which with higher gun ownership and weak gun laws will lead the nation in gun-related death as Alaska unless the state or the country has strong gun law as Switzerland despite the fact that they are leading the European countries in

References

De Haes, T. (2017, January 23). Texas reps push for constitutional carry bill again. CBS 19. Retrieved April 3, 2017, from http://www.cbs19.tv/news/local/texas-reps-push-for-constitutional-carry-bill-again/ 391600295

Freskos, B. (2017). To Keep Firearms Secure Texas Bill Appeals to Concealed Gun Carriers’ Wallets. The Trace. Retrieved from https://www.thetrace.org/2017/01/texas-safe-storage-bill-gun-permit-discount/

McPhate, C. (2017, January 25). Texas Legislators Tackling a Slew of Gun Bills This Legislative Session. Retrieved April 05, 2017, from http://www.dallasobserver.com/news/texas- legislators-tackling-a-slew-of-gun-bills-this-legislative-session-9092809

Spencer, C. (2017, April 2). Gun safety, Rep. Cindy Burkett, SB 13, HB 510, USAA, liberal media, Wall Street statues. The Dallas Morning News. Retrieved April 5, 2017, from http://www.dallasnews.com/opinion/letters-to-the-editor/2017/04/02/gun-safety-citizens- rep-cindy-burkettsb-13-hb-510-usaa-liberal-media-wall-street-statues

Texas Legislature Online - 85(R) Bill Stages for HB 375. (n.d.). Retrieved April 03, 2017, from http://www.legis.state.tx.us/BillLookup/BillStages.aspx?LegSess=85R&Bill=HB375

http://www.cbs19.tv/news/local/texas-reps-push-for-constitutional-carry-bill-again/391600295

https://www.thetrace.org/2017/01/texas-safe-storage-bill-gun-permit-discount/

http://www.legis.state.tx.us/BillLookup/BillStages.aspx?LegSess=85R&Bill=HB375

References

Texas Legislature Online - 85(R) Bill Stages for HB 375. (n.d.). Retrieved April 03, 2017, from http://www.legis.state.tx.us/BillLookup/BillStages.aspx?LegSess=85R&Bill=HB375

Texas Legislature Online - 85(R) Bill Stages for HB 375. (n.d.). Retrieved April 03, 2017, from http://www.legis.state.tx.us/BillLookup/ BillStages.aspx?LegSess=85R&Bill=HB375

http://www.cbs19.tv/news/local/texas-reps-push-for-constitutional-carry-bill-again/391600295

https://www.thetrace.org/2017/01/texas-safe-storage-bill-gun-permit-discount/

http://www.legis.state.tx.us/BillLookup/BillStages.aspx?LegSess=85R&Bill=HB375