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"APPROVED BY
THE TEXAS DEPT. OF PUBLIC SAFETY
FOR USE IN CONCEALED
HANDGUN LICENSE TRAINING."

UPDATES

THE TEXAS GUN
OWNER'S GUIDE

Updates for
2009
Updates for
2007-2008
Updates for
2005-2006
Updates for
2003-2004

Updates from 1997 to 2002 appear
below

CHANGES TO EDITION 4
THAT APPEAR IN EDITION 5
ISSUE DATE: March 30, 2002.

BILLS AFFECTING TEXAS GUN LAW IN
2001

Texas gun laws were affected in 2001 by 19
bills (out of 5,514 filed and 1,600 enacted), during the 77th
session. This lead to a net gain of 1,348 words, or 3.2% growth in
Texas gun law, to a total of 43,390 words.  The text and law in
The Texas Gun Owner's Guide (5th Edition, 2002) were updated to
reflect the changes.  Each bill can be viewed in its entirety
on the Texas state website, www.capitol.state.tx.us/

HB
84.  Penal Code 46.041. A felon may not possess metal or body
armor.  Possession by regular civilians is
unaffected.

HB 139.  Penal Code 22.021. Sexual
abuse is "aggravated" if the offense includes display or use of
deadly weapon.

HB 141.  Penal Code 20.03.
Kidnapping is a class 2 felony if serious injury is risked. Penal
Code 20.04. Aggravated Kidnapping includes making a person a slave,
abducting someone incompetent or under 17; change "him" to the
politically correct gender-free term "the person
abducted".

HB 171.  Penal Code 28.02. An arson
offense occurs whether the fire starts or not; places of habitation
or assembly are added.

Penal Code 28.03. Arson and
Criminal Mischief penalties are changed and "explosive weapon" is
defined for use in this section.

HB 780.
Government Code 411.1999. Description of retired peace officers who
are elligible for CHL is expanded.

HB1118.  Family
Code 59.003. Delete "or (3)," of section (a)(2) to adjust penalty
applicability.

HB 1362.  Penal Code 42.01. An
exemption for using a firearm in defense against a wild animal
attack is added to the Disorderly Conduct law.

HB
1600.  Penal Code 38.14. Attempting to take a peace officer's
gun is a state jail felony, taking the gun is increased to a class 3
felony.

HB 1837.  Local Government Code, 250.001.
Shooting range protection.  The definition of a range is
expanded to include private clubs and associations regardless of
when they opened, and nuisance complaints are
restricted.

HB 1118.  Penal Code 8.07. Change "he"
to "the person" so no one is offended.

HB 1925.
Penal Code 46.03. Places where weapons are prohibited includes
within 1,000 feet of a place of execution. Exceptions include
driving on a public road, or while at home or at work.  Penal
Code 46.15. Proper authorities are exempted from the firearm ban
within 1,000 feet of execution site.

HB 2098.
Penal Code 20.02. False Imprisonment penalty is increased if the
victim is under 17 or a public servant.

HB 2784.
Government Code 411.047. DPS is allowed to maintain certain CHL
statistics on its website, the stats allowed are
described.

HB 2812.  Technical Corrections Bill.
Non-substantive fixes, mostly changing citations, e.g. Texas Bd. of
Private Investigators and Private Security Agencies is now Chap.
1702, Occupations Code.

SB 199.  Penal Code 46.04.
Unlawful possession of firearms by felons is amended to add people
with a Class A misdemeanor violation under Penal Code 22.01
(assault) within 5 years of release, and state employees under
specified protective orders, except for police.

Family
Code 85.022. A court order can ban firearm possession, except for
police.

Family Code 85.026. The gun-ban statement
required in certain court orders is changed to exclude
police.

SB 430.  Occupational Code 1701.603. Gun
safety training in schools is encouraged, may include NRA Eddie
Eagle program and more.

SB 904.  Penal Code 37.08.
False report to a peace officer investigating a felony is now a
state jail felony, or a class B misdemeanor if the investigation is
for a misdemeanor.

SB 1174.  Penal Code 28.03.
Criminal mis-chief now includes penalties for tampering with public
communication, public transportation, public gas or power supply, or
other public service.

SB 1368 (1999). Technical
Corrections Bill.  Changes the old CHL law designation of
4413(29ee) to Subchapter H, Chapter 411, Government
Code.

CORRECTION
CORRECTION

Previous
announcements indicated the following bill was enacted, but it was
vetoed by the governor and is not law.

SB 1713. Penal
Code 46.15. Nonapplicability would be changed so out-of-state police
and certain special investigators in Texas would be exempt from gun
bans on the public, the exact opposite of the original intent under
the Constitution.  This proposal was
vetoed.

Copyright 2002
Alan Korwin
BLOOMFIELD PRESS
Call or write for free
catalog
and get free updates online!
4848 E. Cactus,
#505-440
Scottsdale, AZ
85254
602-996-4020
1-800-707-4020
gunlaws.com

Texas Gun Owner's
Guide

THE TEXAS GUN OWNER'S GUIDE

YEAR 2000
UPDATE

CHANGES TO EDITION 3 THAT APPEAR IN EDITION 4
ISSUE
DATE: January 24, 2000.

The Texas legislature passed 27 bills on Texas gun law
in its 1999 session. These have been included in the new 4th edition
and are described here. Many typographical, pagination, positioning,
grammatical and technical changes have been made and may not be
noted. The page number from the prior book (Edition 3) precedes each
entry. See the latest edition for full details. FFL=Federal Firearms
Licensee (licensed dealers); CHL=Concealed Handgun License or
Licensee.

"Approved by the Texas Dept. of Public Safety for
Use In Concealed Handgun License training."

Page 2--Now the 4th edition Copyright 2000 ISBN #
1-889632-01-5 We are on the web at gunlaws.com.

3--Table of Contents updated as needed to match
new text.

12--Substitute "people" for "citizens," to
increase precision.

16--"The Second Amendment of coursemeans what
it always used to mean, which explains the armed populace we observe
today."

17--A list of the various codes that contain
Texas gun laws is included:

Alcoholic Beverage Code, Business and Commerce Code,
Civil Practice and Remedies Code, Code of Criminal Procedure,
Education Code, Family Code, Government Code, Health and Safety
Code, Local Government Code, Parks and Wildlife Code, Penal Code,
Property Code.

19--Replicas of pre-1899 firearms that don't
use rimfire or centerfire ammo are now excluded from the basic
firearm definition.

20--A new "right" is introduced under Health
and Safety Code §247.065 for operators of assisted-living facilities
to maintain an environment free of weapons.

21--Certain protective orders must include a
specified statement prohibiting guns and ammo for the person named
in the order, see Family Code §85.026. It is a five-year federal
felony to make false statements on a dealer's Federal Firearm
Transaction form, and it's illegal to knowingly provide a firearm to
a prohibited possessor.

22--The Juveniles section has been reworked and
expanded. The federal cite requiring kids to carry written
permission when involved with guns, even if they're with you, is 18
USC §922 (x). Under Family Code §54.0406, if a juvenile seeks
probabtion for a gun offense, the child must inform on who provided
the firearm. A child who acted delinquently with a firearm must be
detained, see Family Code §53.02.

25--Since Brady Part 1 expired, the old process
for buying a gun, with local law enforcement doing background checks
has ended. Now, under Brady Part 2, Texas dealers must directly
contact the FBI "NICS" system and get clearance before transferring
a gun to you. Photo ID is required. The FBI can take up to three
business days to respond, after which, if they don't, transfer may
take place. Contrary to clear federal law, the FBI records the name
and address of everyone purchasing a gun at retail in America.

26--You may buy and take possession of long
guns from a licensed dealer in another state, in a face-to-face
transaction.

44--States that allow non-residents to obtain a
state carry license now include Arizona and Texas. Firearms taken on
a common carrier must be legal at the destination of your trip.
Though federal law requires written notice to the carrier, as a
matter of practice, verbal notice is frequently accepted.

45--While it is legal to give cutody of
firearms to the operator of a common carrier during a trip, they are
not obligated to accept custody.

46--Special conditions were established to
restrict government entities from suing gun and ammunition
manufacturers or suppliers, in Civil Practices and Remedies Code
§128.001.

53--Conditions for buying firearms from dealers
have been updated to reflect changes made by Brady Part 2, described
on p. 25 and 147. The CHL license exempts you from the NICS check.

56--The CHL law, which applicants must certify
they have read and understand, was originally contained in Senate
Bill 60, then Article 4413 (29ee) Revised Statutes, and now has been
moved mostly to Chapter 411, Government Code, with some sections
spread throughout Texas gun law as amendments and additions to
existing statutes.

61--A driver's license is acceptable in place
of a birth certificate.

62--Background checks must include county
mental health records.

66--CHL renewal applications go to the Austin
DPS HQ.

69--Reciprocity List: Under the new Texas
reciprocity plan, deals have been cut with four states--Arizona,
Arkansas, Louisiana and Oklahoma, making CHL licenses valid there,
but only under those states rules, whatever that might be. From the
text: "Be extremely cautious in these states because they have laws
and rules vastly different than Texas (and no practical method for
finding out what they are, although there is an Arizona guide
similar to this Texas edition, listed in the back).

Instead of a protected right to keep and bear arms,
your rights as an American have been reduced to a short list of
government-approved states for licensees only, under the
infringement of reciprocity schemes."

75--DPS issues statistics on CHL Law offenses,
as required by Government Code §411.047.

77--A place that services alcoholic drinks
(bring your own bottle), is included with places that serve
alcoholic drinks, in the prohibitions for CHL carry, and a liquor
store (or grocery store or similar) that sells packaged goods for
off-premises consumption is not. Proper notice includes verbal or
written communication, or posted signs.

80--All references to the CHL law, formerly
Article 4413 (29ee) are now, generally, to Chapter 411, Government
Code. The distinctions about liquor service, described for p. 77,
apply on this page too.

81--Criminal trespass now makes a distinction
for agricultural land as a class C misdemeanor, and Superfund sites
have been added, as class B. The distinctions about liquor service,
described for p. 77, apply on this page too.

101--Article 4413 (29ee) is now, generally,
Chapter 411, Government Code.

127--Include §161.043 in the citation (the
legislature split one law into two parts).

128--Three laws amended in 1999 are included
here:

Disarming a Peace Officer: "It's generally
illegal to take or try to take an officer's weapon."

It is a state jail felony to intentionally or
knowingly, and with force, take or try to take a weapon away from a
peace officer, parole officer, or community supervision and
corrections department officer. However, there is a defense to
prosecution if the officer was using greater force than allowed by
law.

See Penal Code §38.14 for the letter of the law.

Criminal Mischief: "It's illegal to use a gun
to cause property damage."

It is a state jail felony to damage or destroy a home
with a firearm or explosive weapon. Many other penalties apply
depending on the amount and nature of the damage. See Penal Code
§28.03 for details.

Appointing and Arming Deputies: "Appointed
deputies may only be armed as allowed by law."

The Commissioners Court of a county may authorize the
sheriff to appoint reserve deputy sheriffs. The sheriff may
authorize all reserve deputies to carry firearms when on official
duty, and in the case of a reserve deputy who is already a peace
officer as defined by law, may authorize carry when not on duty.
Similar conditions apply to reserve deputy constables and reserve
police officers, as defined in Local Government Code §85.004.

145--The list of federal gun laws now includes
the Omnibus Consolidated & Emergency Supplemental Appropriations
Act, 1999 (numerous requirements detailed later).

147--The Brady Law Part 1 (the handgun
part) has expired and Brady Part 2 (all retail guns and national
background check and registration) has begun. From the text:

Enacted in 1993 as the Brady Handgun Violence
Prevention Act, the Brady law in reality turned out to be five
things:

1--Centralized federal control over all handgun
and long gun retail sales;

2--A $200 million funding mechanism for a
national computer system capable of checking out any individual from
a single FBI location;

3--The development of a national ID card
requirement (based on drivers' licenses and social security numbers)
for all original firearm purchases;

4--The most thorough commerce tracking system
on earth, initially only for retail sales of firearms in America;
and

5--A mechanism for preventing known criminals
from directly purchasing firearms at retail and paying sales tax.

The widely publicized five-day waiting period was
largely a myth, and never existed in most states (in Texas the
"wait" ranged from zero to nine days as a local check was
conducted). The effect of the Brady law on crime reduction is
essentially unknown, since the 400,000 criminals reportedly
identified by the system (the number is hotly disputed) are on the
loose--virtually no effort to track or apprehend them has been made.
It is a five-year federal felony for criminals and other
disqualified persons to attempt to purchase a firearm.

Part 1 of the law, the handgun part, set to expire 60
months after enactment, is described in small type (it expired Nov.
30, 1998). Brady Part 2, the National Instant Background Check
(dubbed NICS by the FBI, who has replaced BATF to operate the
system), controls rifles, shotguns and handguns, and is described as
it appears in the federal statute. Complex regulations to implement
the new law, which are basically transparent in this state, are not
covered (available in their entirety on the FBI and BATF Internet
sites).

The FBI's use of the Brady NICS computer system to
record the name and address of every retail gun buyer in America, in
apparent violation of long-standing law (strictly forbidden in both
the McClure Volkmer Act, 1986, and the Brady law itself), has
prompted outcries from the public and Congress, but continues
unabated. In addition, the Justice Dept. seeks to levy a tax on the
sale of firearms, and give the funds to the FBI, with no apparent
authority to do so (taxes are supposed to originate in Congress).
States agreeing to cooperate with the FBI (Texas has not), might
avoid the dealer tax if one is implemented.

For updates and detailed analysis of the complex Brady
machinations, check our website, gunlaws.com.

[Small-type version of Brady part 1 is
not included here, same as version in prior editions of TGOG.]

The Brady Law Part 2--National Instant Check:
The Brady Law requires the U.S. Attorney General (AG) to establish a
National Instant Criminal Background Check system (NICS) before Nov.
30, 1998 (which they did). With NICS now in effect, the previous
process (above, in small type) is eliminated. In order to transfer
any firearm, not just handguns, with the NICS system in place, a
dealer must verify your identity from a government-issued photo-ID
card, contact the system (based in Clarksburg, W. Va., run by the
FBI), identify you and either: 1--get a unique transfer number back
from the system, or 2--wait three days during which state offices
are open and during which the system provides no notice that the
transfer would violate relevant laws.

Some states have been designated "Point of Contact"
states by the FBI. This means dealers there contact the State Police
for all gun sales. The State Police include a check of the FBI's
NICS system, and the process is transparent to the customers. In
Texas, as in most states, the dealer must contact the FBI directly,
which conducts both the federal and state checks.

The NICS system is required to issue the transfer
number if the transfer would violate no relevant laws, and it is
supposed to destroy all records of approved inquiries except for the
identifying number and the date it was issued. The FBI, however, has
indicated they are recording the name and address of everyone who
buys a gun now that the system is running, and Congress has been
unable to stop them so far. If the transfer is approved, the dealer
includes the transfer number in the record of the transaction (on a
redesigned version of the 4473 form). The NICS system is bypassed
under conditions similar to 2, 4 and 5 listed above (in small type)
as exceptions to the Brady process (with number 2 broadened to
include "firearms" permit).

A licensed dealer who violates these requirements is
subject to a civil fine of up to $5,000 and suspension or revocation
of their license, but, according to the statute, only if the system
is operating and would have shown that the customer would have been
ineligible to make a purchase. Dealers, fearing federal reprisals
against their licenses and livelihoods, have generally been
unwilling to do business when NICS is down, which has occurred
constantly through technical glitches and from planned "maintenance
periods" during regular business hours.

Essentially, as of late 1998, federal forces have
gained control of all retail gun sales in America. The only sales
not controlled by federal agents are lawful private transfers among
the people. This basic American freedom is now being attacked as a
"loophole," ironically, by officials we elect who take an oath to
preserve, protect and defend the Constitution.

If you are denied a firearm under NICS, the law says
you may request the reason directly from NICS and it must present
you with a written answer within five business days. You may also
request the reason from the AG, who must respond "immediately,"
according to the law. You may provide information to fix any errors
in the system, and the AG must immediately consider the information,
investigate further, correct any erroneous federal records and
notify any federal or state agency that supplied the errors.

151--Purchase and possession of firearms by
people under domestic violence restraining orders is prohibited
(although this is now the subject of a court dispute, whether a
routine procedural order can abrogate civil rights, in Emerson v.
U.S., 5th federal circuit).

158--Omnibus Consolidated & Emergency
Supplemental Appropriations Act, 1999.

This 4,000-page budget bill was secretly drafted in
committee, rushed to the floor of Congress, voted on two days later,
and enacted in October 1998 without any of your representatives
actually reading it. It increased federal gun law by almost 6%, with
provisions for NICS funding, gun-law enforcement funding, gun safety
devices sold at retail, public gun safety training funding,
restrictions on aliens, NICS record-keeping and taxing prohibitions,
shotguns and certain antiques redefined, undetectable gun law
reenactment, relief for importers, a pawn shop NICS glitch fix, the
Arms Control and Disarmament Agency disbanded with duties moved to
the State Dept., and a special ban on using the U.S. global arms
control and disarmament agenda against the public. Complete federal
update is posted on our website.

161--Chart of "Growth in Federal Gun Law" has
been updated through 1999.

193--Intoxication is now 0.08 alcohol
concentration, tolerance for truckers is zero.

197--Added a few offenses to the list in the
punishment chart, where space permitted.

202--A list of bills that changed gun laws in
1999 is included:

HB 436 Trespass on agricultural land HB 525 U. S.
Forest Service authority HB 592 Instructor background checks HB 635
Taking weapon from peace officer HB 668 Street gangs HB 690 Criminal
mischief penalties HB 957 Conditions for arming deputies HB 998
Burglary includes assault HB 1265 Carry on Superfund site penalty HB
1269 Detention of armed delinquents HB 1428 "Restrain" redefined HB
1933 CHL mental check and fees HB 2231 Rail-car burglary definitions
HB 2825 Antique, curio, relic and black powder arms HB 2869
Probation conditions for kids with guns HB 3517 Sanction levels for
armed juveniles SB 24 Repetitious assault on family SB 43 Reporting
gunshot wounds SB 50 Protective order gun and ammo notification SB
93 Gun-free assisted living facilities SB 131 Hospital 51 sign
exemption SB 152 Escape by juveniles SB 370 DPS statistics on CHL SB
404 Peace officer CHL after retirement SB 717 Conditions for
government lawsuits against gun companies SB 1368 Technical
corrections and overhaul of Chapter 411 (CHL law) SB 1558 Criminal
trespass includes aircraft HCR 57 Children's Firearm Safety Week.

203--Replace paragraph: 3--The Right to Carry
law, enacted in 1995 as Senate Bill 60, which created the
concealed-handgun license. This was codified initially as Texas
Civil Statute 4413(29ee), and as changes to a number of other
existing statutes. It has been amended several times, and is now
basically codified under Government Code Chapter 411. The laws in
Appendix D are effective as of 9/1/99.

205--All statutes have been updated to reflect
the 1999 session. There were lots of changes all over the place. The
government expects to have this work done and online in about 6
months (mid-2000).

262--Senate Bill 60 is now, basically,
Government Code chapter 411, and other sections of the law.

282--The back matter has been refreshed. We now
carry gun-law guides for eight states, plus federal, 50-state travel
and CCW guides, and we're on the lookout for any others you may know
about! Call us.

DON'T TAKE CHANCES WITH PARTIAL OR OUT-OF-DATE
INFO
GET THE LATEST EDITION TODAY!
EASY PHONE ORDERS
1-800-707-4020 and at stores everywhere!
Single copies are
only $14.95 (+$4 S&H ea., $5 for 2, $6 for 3) Call for quantity
discounts (minimum order only 12)
TRY our WHOLESALE BOOK
distributors:
Wide World of Maps 800-279-7654
Unique - Fun to
read! -- VISA and MasterCard welcomed Get updates and more at: GUNLAWS.COM

Copyright 2000 Alan Korwin All rights
reserved. BLOOMFIELD PRESS "We publish the gun laws." 4848 E.
Cactus, #505-440 • Scottsdale, AZ 85254 602-996-4020 Fax
602-494-0679 1-800-707-4020 http://www.gunlaws.com/index.htm

Permission to circulate this update
for non-commercial purposes is granted.

###

TEXAS GUN OWNER'S GUIDE UPDATE

NEW FEDERAL GUN TAX FOR TEXANS?

FBI MAY LEVY
TAX BY END OF YEAR

29
Other States Affected  $13-$16 Applies to
Retail Gun
Sales

(Nov. 1998) Under the general banner of crime reduction, and
citing the Brady law for its authority, the FBI plans to tax the
retail sale of handguns and long guns, starting Nov. 30, 1998, if
their new computer systems are ready in time. The proposed tax could
generate $1 million per week nationally, based on the bureau's
estimates. Detailed information is included in a report just issued
by Phoenix-based Bloomfield Press, a book publisher specializing in
gun law [Ed: Summary of Findings on request].

Perhaps more significant than a surprising new tax from the
Justice Department--without any apparent Congressional approval--is
the FBI's announced plans to record complete identifying information
on every person who purchases a firearm from a licensed dealer. Any
regulation that requires such recording has been prohibited under
the McClure-Volkmer Act since 1986. Neither the tax nor the
gun-buyer registration scheme appear to be legal, according to Alan
Korwin, best-selling author of The Texas Gun Owner's Guide.
Korwin has written six books on gun law, and his Texas guide is
officially approved by Texas DPS for concealed handgun license
training.

The federal registration and tax plan are being rolled out under
the guise of the National Instant Check System, required when Part 1
of the Brady law expires this year. Under Brady Part 2, all retail
handgun and long gun sales will have to run through the system,
which the FBI has based at its Clarksburg, W. Va., data center. They
are hiring 500 people to handle the anticipated load.

The FBI intends to waive the tax for any state that sets up an
FBI-approved central firearms clearance center, as 20 have already
done. In other states, such as Texas, each dealer will have to
"enroll" with the FBI to legally make a sale, and pay the tax on
every purchase. The Bureau will accept credit cards or will arrange
to bill dealers, and those who don't pay (or are real late on the
invoice) will be literally out of business. Several authorities have
indicated that they expect enough clamor from the taxed dealers to
compel their states to comply. When 100 Arizona dealers were told at
a government meeting earlier this month, that they would not be
taxed, they cheered.

NOTE: The FBI and their taxing scheme described above were
defeated nationwide.

###

Texas DPS Approves Gun-Law Book

New 3rd edition reflects 7% growth in state gun
laws

The book Texans use for the rules on bearing arms has been
officially approved by the Texas Dept. of Public Safety for use in
concealed handgun license training. Widely used by DPS officers,
instructors and gun owners since its release in 1995, The Texas
Gun Owner's Guide includes all Texas gun laws (not just the
Penal Code sections given to licensees), and most importantly,
describes all the rules in plain English. The approval is seen by
the book's publisher as a step toward ensuring Texans' rights and
responsibilities. Despite controversies surrounding firearms, half
of all homes contain at least one firearm, according to the FBI.

· It doesn't make sense to own a gun and not know the rules,--
said co-author Alan Korwin in a recent interview.
· These days,
the legal risk to you in case of a criminal attack is so
great that you simply must have a grasp of the laws.-- This may not
be just, but it's true, he said.

Texas gun laws are tough on criminals, regulate the police and
protect honest people, according to Korwin. But Justice Dept.
statistics show that only one reported crime in four ever leads to
an arrest, prompting him to make this plea:
· Please, start
using the laws we have before enacting any more. Every criminal act
imaginable has already been outlawed.-- The Texas Gun Owner's
Guide, in an arena that anti-rights activists decry as
unregulated, is now 288 pages, reflecting a 7% growth in state gun
laws last year, to 41,360 words. To fire up a copy of the $14.95
paperback [free to media reviewers] call
1-800-707-4020 or visit bloomfieldpress.com.

###

1998 UPDATE!
CHANGES TO EDITION 2 THAT
APPEAR IN EDITION 3

ISSUE DATE:  January 26, 1998.
The Texas legislature made many changes to Texas gun law in its 1997
session.  These have been included in the new 3rd edition and
are described here.  Many typographical, pagination,
positioning, grammatical and technical changes have been made and
may not be noted. The page number from the prior edition (2)
precedes each entry.  Because the book grew by 32 pages, some
of the changes are
only summarized here.  See the latest
edition for full details.  FFL=Federal Firearms Licensee
(licensed dealers); CHL=Concealed Handgun License or Licensee.

"APPROVED BY
THE TEXAS DEPT. OF PUBLIC SAFETY
FOR USE IN CONCEALED
HANDGUN LICENSE TRAINING."

2 - Officially DPS approved (see above);
Copyright 1998; change print code line (backwards series of numbers
at page bottom that identifies the edition number) to "3," include
fax and website, new ISBN 1-889632-03-1.

3 - Table of
Contents reflects changes and 32 new pages.

15 - The
word citizens has been changed to people in many places in the text
for precision.

21 - Federal prohibited possessor list
now includes people convicted of misdemeanor domestic violence.

22 - It's important to note that new federal law
requires your minor children to carry a written note from you when
they go shooting or handle guns, even if you are accompanying them.

24 - Federal definition of dealer has been
added.  The material about obtaining guns in- and out-of-state
has been reorganized and fine-tuned for precision, and to reflect
result of the Supreme Court Brady Law decision (which was nil in
Texas, though record-checking fees now charged by many departments
are not required by any law).

27 - One of the
greatest changes in 1997 is the re-write of Penal Code §46.02 and
§46.15, the main laws controlling handgun carry.  §46.02
shrinks to just a few lines, prohibiting the carry of a
handgun.  All the exceptions to the prohibition are now in
§46.15, which says §46.02 "does not apply" if you're in one of the
protected groups or circumstances.  The abusive affirmative
defense standard, which lead to countless unnecessary arrests of
law-abiding people has been dropped.

36 - Only long
guns may be shipped through the Post Office, under one of the oldest
federal laws on the books (1927). (The oldest federal law still on
the books is a hunting restriction for Yellowstone National Park,
from 1894; the oldest federal gun laws, from the late 1700s,
actually required gun possession.)  Any handgun obtained (not
just purchased) outside Texas must be shipped from and to an FFL,
you can't bring it in across state lines on your own; only a long
gun, bought face-to-face from a dealer, can be brought back
directly.  A new section clarifying Interstate Travel has been
added.

37 - Reciprocity Laws in General:  A
national movement is afoot to ease the stranglehold that state laws
have placed on law-abiding travelers.  Introduced at state and
federal levels, reciprocity laws seek to guarantee that people who
may legally carry in their home states cannot be held in violation
when in another state.  It seems that the Second Amendment is
providing no protection for travelers, and a legislative solution is
being sought.  Your home state's rules would not apply when you
go "abroad."  You would be subject to the laws, regulations and
customs of the state you are in at the time.

Most proposals
seek to obtain this relief only for individuals with
government-issued permits.  Supporters typically cite Article
IV of the Constitution, known as the full faith and credit clause,
which says in pertinent part, "Full Faith and Credit shall be given
in each State to the public Acts, Records, and judicial Proceedings
of every other state;".  This sets a model similar to marriage
and driver licenses.

Other attempts seek to allow any person
who is not acting criminally to be free from harassment or arrest
for simple possession of a legally owned firearm, independent of the
state involved.  This would emulate the way people are
basically free to speak their minds regardless of their location
(and no license to exercise the First Amendment is available at this
time, except that broadcasts are forbidden without a government
license).

Some states take the approach that, if your permit
is similar to ours, and your state formally honors ours, then we
will honor yours.  A method is then set up to determine if the
two states' requirements are a rough match.  Such comparisons
are problematic because they once again subject your rights to
bureaucratic review, as in the days before "shall issue" permits,
and indeed, states have already experienced difficulty in agreeing
if their "standards" are a match.  When the officials decide
there is no match, they remove the right to carry between those
states.  To link all 50 states to each other and thus restore
rights to properly government-licensed individuals would require
1,225 pacts (49 + 48 + 47... etc.).

Each state's
requirements are of course different.  Studying the laws of
your home state (a common requirement) hardly prepares you and is
certainly not a match for the laws in any other state.  Florida
requires no shooting test for its permit, Virginia asks for proof of
demonstrated competence with a gun but does not define it further,
Texas requires 50 shots at three distances with all shots timed,
Arizona requires seven hits out of ten, and so it goes, state to
state.

Some states are considering honoring anyone who has a
state-issued permit.  Some will issue a permit to anyone
qualified, resident or not, getting around the problem in yet
another way.  A handful of states have no permit system,
presumably leaving them out of the picture when their residents are
on the road, or for you when you visit.  A few have introduced
laws that would allow you to drive through their states on a
"continuous journey," or to enter the state but only for a
competition or designated event.

A federal bill seeks to
require all states to honor the permits of all other states.
Residents in Vermont are excluded because they need no permit to
carry in the first place.  The 98% of Americans who bear arms
but have refused to sign up for a government carry-rights permit are
also left out of these plans.

Rumors are swirling about
which state has adopted what policy, and relying on a rumor where no
rule exists can get you arrested.  Viewing the printed statute
yourself is a good way to help avoid rumors.  Laws may offer
less protection when new, before street police policy is set and
well known throughout the law enforcement community.

It
would be nice if there was a rock-solid reliable place to call to
find out exactly where reciprocity exists, but there is none at the
present time.  Besides, a complete answer with precisely all
the do's and don'ts is more than you can possibly get over the
phone.  The job of telling you is not the role of the police,
the sheriff, the DA, the AG, the library or anyone else.

One
solution that addresses these problems is the proposed American Historical Rights
Protection Act.  This basically says that if a person has a
gun, the person isn't a criminal, and the gun isn't illegal, then
that is not a crime, based on the 14th Amendment.  For a copy
of this draft statute contact Bloomfield Press or visit our website.

Four states currently have some form of recognition for
out-of-state permit holders--check with them for details: Idaho,
Indiana, Michigan and Wyoming.

These states have passed laws
that would allow some bureau within the state (indicated in
parenthesis) to cut deals with a bureau in another state, or they
have set up other conditions that might lead them to recognize each
other's permits--check with them for details: Arkansas (State
Police), Connecticut (Commissioner of State Police), Georgia (County
Probate Judge), Kentucky (Sheriff), Louisiana (Deputy Secretary of
Public Safety Services), Massachusetts (Chief of Police),
Mississippi (Dept. of Public Safety), Missouri (residents currently
prohibited from concealed carry), Montana (Governor), New Hampshire
(Chief of Police), North Dakota (Chief of the Bureau of Criminal
Investigation), Oklahoma (State Bureau of Investigation),
Pennsylvania (Attorney General), Rhode Island (Attorney General),
South Carolina (Law Enforcement Division), Texas (Dept. of Public
Safety), Utah (Dept. of Public Safety), Virginia (Circuit Court),
West Virginia (Sheriff).  The different authorities named in
this list are a measure of the consistency of the laws from state to
state.
Some states will issue firearms permits to non-residents
if you qualify--check with them for details:  Florida, Iowa,
Maine, New Hampshire, Pennsylvania, Rhode Island, New Jersey, Utah,
Washington and Wyoming.

If, after reading these lists, you
sense that reciprocity schemes don't solve the problem and unshackle
honest citizens, well, you're not alone.  The Texas Version of
Reciprocity is described in Chapter 2 (See note for pg. 61).

38 - It's legal for a pilot, captain, conductor or
operator of a common or contract carrier to take custody of your
weapon for the duration of a trip, but they're not required to do
so.

41 - The Lost National Right to Carry has been
expanded, and melded into the sections on Transport and Interstate
Travel.

47 - The Brady paperwork form is required for
handgun purchase from a dealer, a CHL exempts you from the process,
dealers must submit forms but law enforcement is not required to
conduct background checks, and no law empowers police to charge you
for background checks.

49 - Delete affirmative
defense since this requirement has been removed from the law. Change
unlicensed citizen to unlicensed people.

50 - Change
resident to person. Failure to show your CHL on request, if you are
armed, makes you subject to a 90-day suspension, or a class B
misdemeanor for a second offense.

51 - License
suspension for arrest or indictment lasts until the matter is
resolved. DPS has determined that a written exam may not be
substituted for classroom instruction for a CHL.

52 -
Certain non-residents may now apply for a CHL. A felony conviction
does not prohibit you from a CHL if the conviction was expunged or
properly pardoned.
The definition of unsound mind has been
refined by law, involving specific medical or psychological
conditions. Qualification now refers to ability to exercise sound
judgment for proper use and storage of a firearm. The Texas Medical
Advisory Board must cooperate in making determinations if requested
by authorities.

54 - Fingerprints may now be taken by
a properly authorized private party (formerly DPS only).

55 - The CHL application and denial time frames, and
notification requirements, have been altered, changing certain time
periods and lengthening the outside limits to 210 days maximum for a
worst-case-scenario denial. This was a complex change that required
hours of deciphering and two pages of text to explain clearly
(though once explained it's not really that bad). This change
continues through page 57.

56 - Texas residency no
longer applies to qualified non-residents who seek a license.
If your instructor disapproves your license, DPS must make sure the
denial was made for good reason and in good faith.

58
- CHL renewal process has been established; basically, it's a 4-hour
class (instructors set the price), another marksmanship test (same
course of fire), two color photos, forms, and a $70 fee ($35 for
seniors and indigent).  DPS to send you a renewal form, new
license is good for four years.

Texas gun law grew by 2,661 words in the 75th (1997)
legislature, to 41,360 words, a 7% increase.

59 - License suspension: For a first offense, your license
may be suspended: 1 - Until charges are dismissed if you are charged
with a class A or B misdemeanor; 2 - Until charges are dismissed if
you are charged with disorderly conduct under §42.01; 3 - Until
charges are dismissed if you are charged with a felony under an
information or indictment; 4 - For 90 days if you fail to show your
license to authorities when required to do so; 5 - For 30 days if
you fail to notify DPS within 30 days of a change of name or
address, or of a lost, stolen or destroyed license; 6 - For 30 days
if you carry a firearm that doesn't match your license category (the
revolver and semi-auto distinction); 7 - For 30 days if you don't
return an old license after a modified one is issued.  The
suspension for a second offense may last from one to three years,
and a third offense (for the same violation) is grounds for
revocation.

61 - Texas Reciprocity Law and
Non-Resident Licenses.  The misleading nature of so-called
reciprocity laws is discussed (see p. 37).  The first Texas
reciprocity law, enacted as part of the Right-to-Carry law in 1995,
never lead to any reciprocity.  This was replaced with a new
version, enacted in 1997. Under the current version, non-Texans who
come from a state where no concealed-carry law exists, may qualify
for a Texas CHL if they meet all the requirements except for Texas
residency.  DPS is required to set up a procedure for
accomplishing this, and charging a fee to cover costs.  Contact
them directly for details. The department is also required to
negotiate agreements with states that have their own concealed-carry
license procedure, to recognize those licenses if: 1 - The other
state's background check requirements for a license meet or exceed
the federal requirement to receive a handgun; and 2 - The other
state recognizes a Texas license. DPS is required to get this
started by Dec. 1, 1997.

63 - Minimum handgun caliber
for CHL marksmanship test is now .32.

65 - An
instructor CHL (on top of the instructor certification fee) now
costs $100. Instructor certification renewal is $100 and requires an
8-hour course.

66 - Minimum handgun caliber for CHL
marksmanship test is now .32.

68 - Retired and active
peace officers may obtain a CHL.

69 - 73
Prohibited Places List (and Bars) saw numerous technical changes
because of massive restructuring of the statutes (see notes for pg.
27, above), and many substantial changes because of trespass and
posted sign requirements.  Also note that §46.03 prohibits
bringing or having a firearm in its specified prohibited places, and
racetrack probably includes any paid parking on site.  Certain
places are only prohibited to CHLs if properly posted (amusement
parks, places of worship, government meeting places, hospitals,
nursing homes), and private places open to the public (to prohibit
CHLs under new trespass law).

Private Property and Trespass:
Added in 1997, Penal Code §30.06 establishes special trespass
offenses and sign requirements to legally exclude
concealed-handgun-license holders.  It is illegal for a CHL
holder to carry a handgun, without effective consent, if the person
receives notice that:
A - Entry on the property by a CHL, who is
carrying a concealed handgun, is forbidden; or
B - You are
notified that staying on the premises with a concealed handgun is
forbidden and you do not leave.

Property owners have
explicit rights and control the terms by which others may enter
their property. Access to a private residence is legally under
near-total control of the resident, with no need for posting signs
or other regulations.  Places open to the public may not
discriminate and are generally subject to the sign requirements.

No-Guns-Allowed Signs: Four new laws define what a no-gun
sign must look like, and how to give 'proper notice' that guns are
prohibited at a public place.

A - For the purpose of the CHL trespassing law (§30.06
described above) and for the CHL restrictions in §46.035, you have
"received notice" when the owner (or someone with apparent
authority to act for the owner) gives you notice either orally or
in writing.  If it's in writing it may be handed to you, or
prominently posted in English and Spanish on the property, in
contrasting-color block letters at least one inch high, with this
precise message: "Pursuant to Section 30.06, Penal Code (trespass
by holder of license to carry a concealed handgun), a person
licensed under Article 4413(29ee), Revised Statutes (concealed
handgun law), may not enter this property with a concealed
handgun".  Any place open to the public could post such a
'thirty-ought-six' sign to restrict CHLs.  If a hospital,
nursing home, amusement park, place of worship or government
meeting does not post such a sign (or give written or oral
notice), then properly licensed CHLs are not prohibited from
entering.
B - A business with a liquor license or
permit, which gets 51% or more of its income from the sale of
alcohol for consumption on the premises, must conspicuously post a
sign at each entrance, in English and Spanish, that it is unlawful
for a CHL to carry a handgun on the premises.  The sign must
be in contrasting colors with block letters at least one inch
high, with the number "51" in solid red at least five inches high.
(see Art. 4413(29ee) Sec. 31).
C - Any place with a
liquor license or permit that doesn't have to post a "51" sign (in
other words, they get less than 51% of their income from drink
sales) must post a sign that says it is unlawful to carry a weapon
on the premises unless you have a valid CHL permit.  The
basic idea here is to make bars off limits to everyone, but to
allow CHLs to enjoy a restaurant even if it serves alcohol (and
it's illegal for a CHL to get drunk while armed).  The sign
must be at least six inches high and 14 inches wide, in
contrasting colors, and conspicuously displayed.  The liquor
authorities can require a language in addition to English if they
deem it necessary. (see Alcoholic Beverage Code §11.041 and
§61.11).

To summarize, there are three possible signs: 1 - The
thirty-ought-six sign to exclude CHLs based on trespass law, 2 - The
big red "51" sign that prohibits all guns in bars, and 3 - The "CHLs
welcomed here" sign that allows CHLs into places that serve alcohol
but get less than 51% of their revenue from drinks.

73 - Federal Facilities has a cross-reference to the
reenacted Gun-Free School Zones law in chapter 7. Despite its clear
wording, it's not clear if other lawful purpose would allow a CHL
(or any other lawful possession) in a federal facility.

80 - Destructive device does not include regular
shotguns with bore over 1/2-inch. Weapons and accessories affected
by the Public Safety and Recreational Firearms Use Protection Act
(1994, often and inaccurately called the Crime Bill) have been
dubbed assault weapons by the media.

91 - Special
conditions for posting various places have been introduced,
described above at pg. 69. Four laws now affect this: 30.06 (Penal),
4413 (29ee) (CHL), 11.041 and 61.11 (Alcohol).  Text on public
and common nuisance offenses have been combined.

99 -
Private firearms are prohibited at military installations by
practice, not statute.

100 - Substantial change to
the federal Civilian Marksmanship Program is summarized and
cross-referenced to chapter 7.

101 - Travel exemption
is now in Penal Code §46.15 (was §46.02).

108 - The
important plain-English expression shoot to kill has been explained
in greater detail.  Some readers apparently would prefer the
phrase didn't exist, and DPS always teaches shoot to stop, control
or neutralize; the legal intent is to protect, not to kill, when
using lethal force, a paradoxical point which can be discussed at
great length. Shooting at another human being is a last resort, best
reserved for only if and when innocent life truly depends on it. If
it doesn't, don't shoot. If it does, don't miss.

111
- Self-defense justification includes defense of life or defense
against serious bodily injury.  For clarity, in the last item
on the page, change go to to seek and bring along to have.

114 - For clarity, at the end of the third paragraph
from the bottom, change serious to substantial and insert serious
before bodily.

117 - Move Common Nuisance to pg.
91.  Add new sections on Warning Shots (typically a very bad
idea, not justified by law), Bullet Proof Vests (legal to own and
wear), and Keeping Control of Your Firearm (discussing the risk of
civil liability for letting someone get your gun without your OK).

129 - Several federal attempts to register guns and
gun owners nationwide have been made despite laws forbidding this;
the FBI stores fingerprints from all background checks until you are
99 years old.

131 - Three new federal gun laws:
Promotion of Rifle Practice and Firearms Safety Act (1996),
Antiterrorism and Effective Death Penalty Act (1996), Omnibus
Consolidated Appropriations Act for FY 1997, (Domestic Violence Gun
Ban, Gun-Free School Zones).  New chart shows growth of federal
gun law since 1791.

133 - U.S. Supreme Court
overturned the federal mandate requiring local law enforcement to
conduct Brady background checks (many are doing checks voluntarily,
which could let handgun purchasers get their merchandise early if
the check is completed before the maximum time (as much as nine
days), which buyers would otherwise have to wait out. No
authorization exists under federal or state law to charge you for
the voluntary checks.

134 - Texas CHL exempts you
from the Brady paperwork and delays.

135 - If and
when the Justice Dept. gets the National Instant Criminal Background
Check system up (as early as Nov. 30, 1998, though indications are
it is way behind schedule) the Brady system will include long guns
(takes effect 30 days after the U.S. Attorney General tells all FFLs
that the national system is in place). The previous waiting process
would be eliminated.

136 - Delete the notes about
BATF refusal to recognize Texas CHL as an exemption from the Brady
law.

138 - Detailed plain-English descriptions of the
new federal gun laws (named on pg. 131, above) fills seven
pages.  There has been no known enforcement of the terrorism or
school zones law (the hubbub over their passage belied any actual
effect of these laws), but the gun ban for misdemeanor domestic
violence offenses has created havoc in criminalizing (and disarming)
many people in law enforcement, the military, private individuals,
and for its eight apparent gross constitutional violations
(described in detail in the new 3rd edition).

161 -
The description of shoot to wound has been expanded;

165 - The discussion of the noble use of
firearms has been expanded;

175 - Failure to show CHL
is now a misdemeanor on 2nd offense.

179 - Some phone
numbers for DPS have been changed. New CHL hotlines: 512-424-5750,
800-224-5744.

181 - Appendix D (the statutes) has
been completely updated and revised to include new legislation for
1997.

Back Matter revised, we now have The Traveler's Guide
to the Gun Laws of the 50 States ($9.95 +S&H) and coming soon:
Supreme Court Gun Cases with analysis by David Kopel and Stephen
Halbrook.

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