The Good, the Bad, and the Ugly: Texas’ 87th Regular Legislative Session Has Begun
A new legislative session means law-abiding gun owners in Texas need to be on guard for the latest assault on the Second Amendment. We have seen a record number of bills filed that could affect your gun and self-defense rights—most of them, unfortunately, for the worse. Here is a preview of some bills and issues that have been filed and raised (so far) that we think are noteworthy. Keep in mind, all the bills and resolutions listed below are currently proposals and not law. There is still quite a way to go, and we predict the bills filed thus far represent only about one-third of the total that will be filed.
Texas Proposals
Firearms Are Essential During a Disaster
Proposals that would remove the Texas governor’s authority to suspend or limit the sale, dispensing, or transportation of firearms during a declared disaster. HB 26 by Swanson; HJR 40 by White; HB 340 by Cain; HB 629 by White.
Gun Sales and Related Items
Proposals that would criminalize the private sale of a firearm without utilizing the National Instant Criminal Background Check System (“NICS”). HB 52 by Reynolds; HB 218 by Meza; HB 213 by Bernal; HB 760 by Goodwin.
Proposals that would require the private sale of a firearm be conducted by a Federal Firearms License (“FFL”) dealer (e.g., gun store). HB 118 by Ortega; SB 242 by Eckhardt; HB 606 by Goodwin.
Proposals that would make it a violation of Texas law to provide false or misleading information on the ATF Form 4473 (Firearms Transaction Record). SB 162 by Blanco; HB 347 by Geren; HB 880 by Hinojosa; HB 883 by Hinojosa.
Proposal that would require an FFL to notify law enforcement that a firearms transaction was denied by the FBI (NICS “denial”). HB 227 by Meza.
Proposals that would make firearm safety supplies exempt from sales tax. SB 60 by Zaffirini; SB 313 by Huffman; HB 524 by Rosenthal.
Extreme Risk “Red Flag” Protective Orders and Related Items
Proposals of “red flag” and similar orders that are discriminatory and dangerous to gun owners. SB 84 by Miles; SB 110 by West; HB 164 by Meza; HB 395 by Moody.
Proposal that would preempt (take the authority away from) counties and municipalities (cities) from passing their own “red flag” laws. HB 336 by Cain.
Proposal that would outline Special Weapons and Tactics (SWAT) reporting, training curriculum and standards, and deployment protocols, such as the existence of a legally owned firearm in the home of an individual does not itself constitute evidence of an imminent threat for purposes of administering SWAT. HB 579 by Dutton.
Texas License to Carry a Handgun (“LTC”) and Reciprocity
Proposal that would remove a Texas License to Carry a Handgun (“LTC”) as an acceptable form of identification to vote. HB 110 by Reynolds.
Proposal that would prohibit Texas from recognizing any other state’s license or permit to carry a handgun. HB 603 by Meza.
Proposal that would simplify eligibility requirements for an LTC. HB 821 by White.
Proposal that would make the LTC application free for everyone. HB 825 by Geren.
Proposal that would allow a person under 21 years of age and otherwise eligible for an LTC, to obtain an LTC if they are under certain protective orders. HB 1094 Oliverson.
Firearm Sanctuary
Proposals that would prohibit Texas’ enforcement of federal laws that relate to firearms. HB 112 by Toth; HB 635 by Krause.
Proposals that would attempt to exempt firearms (and suppressors) that are “Made in Texas” from federal law. HB 915 by Krause; HB 957 by Oliverson.
Carrying Firearms
Proposals that would generally prohibit the carrying of a rifle or shotgun in a public place. HB 127 by Ortega; HB 213 by Bernal.
Proposal that would prohibit the display of a firearm in or within 500 feet of a “public demonstration.” HB 791 by Goodwin.
Proposal that would reduce the penalty (Class A to Class C Misdemeanor) for carrying by a license holder in a hospital, amusement park, or open meeting of a governmental entity, under Texas Penal Code § 46.035 unless notice is provided by oral communication. HB 854 by Burns.
“Assault Weapons” and “Large-Capacity Magazines”
Proposals that would criminalize the possession or transfer of an “assault weapon.” HB 172 by Meza; HB 231 by Ortega; HB 241 by Ortega.
Proposals that would criminalize the possession or transfer of a “large-capacity magazine.” HB 178 by Meza; HB 234 by Ortega.
Firearm Storage
Proposal that would criminalize storing a firearm in a place other than a locked firearm storage device. HB 185 by Meza.
Proposal that would increase the penalty for making a firearm accessible to a person younger than 18. HB 693 by Moody.
Repeal of “No Duty to Retreat” and Other Self-Defense Provisions
Proposal that would impose a duty to retreat before acting in self-defense in most locations and repeal the legal presumptions of reasonableness if acting in response to a robbery. HB 196 by Meza.
Repeal of Campus Carry
Proposal that would prohibit the carrying of a handgun by a license holder on the campus of an institution of higher education. HB 201 by Meza.
Manufacturing a Firearm Without a License
Proposal that would prohibit the manufacture of a firearm (homemade gun) without an FFL. HB 208 by Meza.
30.06/30.07 Notice
Proposal that would standardize the size of effective written notice under Texas Penal Code §§ 30.06 and 30.07 to a sign no larger than 8.5 by 11 inches. HB 236 by Bernal.
Repeal of Statutory Preemption
Proposal that would allow counties and municipalities (cities) to craft their own firearm law. HB 238 by Meza.
Constitutional Carry
Proposal that would generally allow the unlicensed carrying of a handgun in public. HB 1238 by Biedermann.
“Firearm Safety Awareness Month”
Proposals that would designate the month of June as “Firearm Safety Awareness Month.” HB 328 by Gervin-Hawkins; HB 909 by Gervin-Hawkins.
Disposition of Firearms
Proposal that would require each county to create a task force that would be responsible for the disposition of firearms surrendered by a person who is prohibited from possessing under certain circumstances. HB 1253 by Moody.
Expansion of Defense Rights
Proposal that would clean up the threats as justifiable force provision of Texas Penal Code § 9.04 (“threats as justifiable force”) and add an additional legal presumption of reasonableness if deadly force is used to prevent arson under certain circumstances. HB 796 by King.
To learn about how a Texas bill becomes a law, check out The Legislative Process in Texas by the Texas Legislative Council. Additionally, here are some dates of interest for the 87th Legislature:
- Tuesday, January 12, 2021 | (1st day) 87th Legislature convenes.
- Friday, March 12, 2021 | Deadline for the unrestricted filing of bills and joint resolutions other than local bills, emergency appropriations, and emergency matters submitted by the governor.
- Monday, May 31, 2021 | (140th day) Last day of 87th Regular Session (sine die).
Federal Proposals on the Horizon
Last session, the 116th U.S. Congress proposed assault weapons bans, red flag orders, mandatory reporting of NICS denials to law enforcement, and countless other anti-2A legislation. All of these individual proposals were awful, but none were worse than the omnibus HR 5717 (Gun Violence Prevention and Community Safety Act of 2020), which would have incorporated the worst provisions of each of these proposals. If you want a preview of what anti-gun bills filed during the 117th Congress could look like, pay attention to HR 5717. The 117th Congress was sworn in on January 3, 2021, and their term ends on January 3, 2023. To learn about how federal law is made, check out The Legislative Process by the United States House of Representatives, and stay tuned. We are keeping a close watch for bills and resolutions that would affect Second Amendment rights.
Should you have any questions about the bills discussed or the legislative process, call Texas LawShield and ask to speak to your Independent Program Attorney.
The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
Thank you
Anytime Austin convenes, stay extra alert. thanx for update.
Thank you. God help us. Please, everyone, call amd hold your Representatives accountable..in Texas and in US Congress.
Thank you.
I am concerned about the retreat portion attempted to be added to a robbery instead of engage since to me that’s like giving candy to a baby
Proposal that would impose a duty to retreat before acting in self-defense in most locations and repeal the legal presumptions of reasonableness if acting in response to a robbery. HB 196 by Meza.
So we are now trying to become California.
Ugh so agree who is this Meza *eye roll
HB201 needs to go in the garbage! I cannot even fathom the rationale on this one. Let us put our instructors and faculty at risk and take away their rights. Ugh. Just unreal!
If Brain Fart biden has his way, we are all in deep s–t
Good help us all!! Stay safe and watch your six!
You know the old say Jorge “God helps those who helps themselves”. Time for Action. Contact your Rep let them know where you stand and will hold them accountable in the next election.
Meza has filed bills under 11 out of the 17 categories of bills listed that are trying to infringe on Texans’ Second Amendment rights.
I stumbled upon this video today which explains exactly why she and other politicians are wrong in their stance on further restricting the rights of law-abiding gun owners.
This testimony was given on September 25, 2019, by Amy Swearer of The Heritage Foundation to the US House of Representatives Committee on the Judiciary but I guarantee none of the politicians listed above would care to listen to or read the factual information she presented.
And the links were removed from my comment.
I think all law abiding gun owners across our nation is keeping a very close eye out for those that support such anti-gun control action.
It’s up to our Texas legislators to protect Texans and our gun laws as written. If we loose our current gun rights we are all headed for much larger problems and a real threat to our freedoms supported by our Constitution and Bill of Rights as written by our founders.
Everyone should remember what Hitler did in Germany before the second world war broke out across Europe.
Thanks for the update. Let’s hope Texas stays RED!
Time for hoping is over, let’s take action and defeat these gun grabbing liberals.
“Come and take it” is the slogan. Now there here and we must defend it. Time for action. Call/email your State Rep and let them know you expect them to defend our 2A right or we will defeat them if they seek reelection.
Contact your State Rep here is a list from the NRA-ILA of bills in Texas to support and appose.
PRO-SECOND AMENDMENT BILLS PRE-FILED (as of 11/20)
House Bill 26 & House Bill 340 PROTECTING the right to sell and purchase firearms during a state of emergency.
House Bill 112 PROHIBITING state and local enforcement of certain restrictive federal firearms, ammunition and accessory laws enacted after January 2021.
House Bill 299 PERMITLESS CARRY legislation.
House Bill 304 REPEALING certain gun-free zones for License To Carry holders.
House Bill 336 PROHIBITING the recognition and enforcement of red flag gun confiscation orders.
ANTI-GUN MEASURES PRE-FILED (as of 11/20)
House Bill 52 & House Bill 245 BANNING private firearms sales at gun shows.
House Bill 118, House Bill 606 & Senate Bill 163 BANNING private firearms transfers between certain family members and friends, requiring FFLs to process these transactions that would include federal paperwork for government approval at an undetermined fee.
House Bill 127 & House Bill 213 BANNING long gun open carry with limited exceptions.
House Bill 164, House Bill 395, Senate Bill 84 & Senate Bill 110 red flag GUN CONFISCATION legislation requiring firearms surrender without due process.
House Bill 172 & House Bill 241 BANNING the sale or transfer and possession of commonly-owned semi-automatic firearms.
House Bill 178 & House Bill 234 BANNING the sale or transfer and possession of standard capacity magazines that hold more than 10 rounds.
House Bill 185 MANDATING firearms to be stored in locked gun cases, safes or cabinets.
House Bill 196 REPEALING key elements of Texas’ Castle Doctrine law, including stand your ground, and no-duty-to-retreat.
House Bill 201 REPEALING Texas’ Campus Carry law.
House Bill 208 CRIMINALIZING the manufacture of firearms by anyone other than an FFL.
House Bill 218 CREATING a registry for private firearms transactions and limiting the number of such sales which may take place annually.
House Bill 231 RAISING THE MINIMUM AGE for purchase of semi-automatic rifles and shotguns.
House Bill 236 GUTTING the “30.06 and 30.07” signage requirements for businesses, and making it easier for establishments to ban License To Carry holders from their premises.
House Bill 238 REPEALING the state firearms preemption law and allowing local governments to restrict guns as they please.
House Bill 603 ENDING License To Carry reciprocity and recognition with other states.
Terry Meza D (Dallas) needs to be defeated from office. Get to work you folks in that district.
Sorry if this sounds crazy, but what’s with this 5 year a felon can get his gun rights back automatically I Tx without a presidential pardon. I just wonder if it’s true.
I’m a Dallas resident Whom Is A VOTER And Part Of A Labor Union and we will seek to ensure a no reelection on any canidate voting on these foolish gun controll bills that do nothing but abuse law abiding citizens, criminals don’t fill out form’s at FFL’s ,they steal them from law abiding citizens ,straw purchases ect
Any law that violates our constitutional rights should never even see the light of day! The 2nd amendment is a civil right…
After learning that Domestic Violence has risen substantially during the pandemic and that women who are DV victims are five times more likely to be murdered by their abuser if they own a gun. I do not think it is unreasonable to support Meza’s 210 bill prohibiting people who are charged with domestic or family violence to own a gun. If you disagree let me know why.
Where are all the gun fights and dead neighbors. I remember when the LTC law was first talked about and before its passage. Every one was saying there would be gun fights like in the old west if people were allowed to carry a gun in public, said people would just draw down on each other when confronted. All BS.. The only people that are still being killed are the same people that did not have a gun to protect them self when the bad guy comes. No one wants to shoot or kill any one unless it is a life or death situation or to protect there family. I’ll bet you there were lots of people in the Spa, shopping center shooting that just occurred that wished they had a gun just before they were hunted down and killed. Not allowing me to carry a weapon to protect my self or my family is unthinkable and should not even be up for debate by anyone, its my right to own a gun but not my right to protect myself with it if needed. If we can’t use it for protection what good is it. We can shoot a bear or wild dog if it attacks but can’t use it to disable or kill a deranged killer. I wouldn’t let a bear or dog kill me or my family member so why should I be prohibited from protecting myself from a deranged individual.
How about letting non violent felons that have had no troubles for 20 years. Give them a second chance.you can protect your family but they can’t. So I would vote for gun control. #secondchance. No leanthy waiting on a governor. No expensive attorney with only a senile.
Good replies in return of this matter with solid arguments and describing everything about that.