New laws for Texas Concealed Handgun License (CHL) program

Summary of new laws passed in the 84th Regular Legislative Session that impact Concealed Handgun Licensing.

Open Carry

House Bill 910 (Effective: January 1, 2016)

Caption: Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun; creating criminal offense.

General Information:

Authorizes individuals to obtain a license to openly carry a handgun in the same places that allow the licensed carrying of a concealed handgun with some exceptions. (See "Exceptions" below for more information.)

  - Unconcealed handguns, loaded or unloaded, must be carried in a shoulder or belt holster.

  - Individuals who hold a valid CHL may continue to carry with valid existing license.

  - A separate license will not be required to open carry. No additional fee will be required.

  - Individuals currently licensed will not be required to attend additional training.  Training curriculum for new applicants will be updated to reflect the new training requirements related to the use of restraint holsters and methods to ensure the secure carrying of openly carried handguns.  The new curriculum will be required for all classes beginning January 1, 2016.

  - The eligibility criteria to obtain a license to carry do not change.

  - The department (Tx DPS - RSD) will be updating website, forms and training materials to reference License to Carry (LTC) instead of Concealed Handgun License (CHL).

  - Changes to the laminated license are being developed and will be implemented at a later date.

Signage:

Private businesses may post signs to indicate entry on the property with a handgun by a license holder is forbidden.

  - Penal Code Section 30.06 provides the language to be included on signs to indicate license holders are forbidden to carry concealed.

  - Penal Code Section 30.07 provides the language to be included on signs to indicate license holders are forbidden to open carry.

  - Posting of both signs is an indication by the business that license holders are forbidden to carry concealed or openly.

Exceptions:

Open carry is not permitted by a license holder regardless of whether the handgun is holstered:

  - on the premises of an institution of higher education or private or independent institution of higher education

  - on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area of an institution of higher education or private or independent institution of higher education

  - by an individual who is acting as a personal protection officer under Chapter 1702, Occupations Code and is not wearing a uniform

Campus Carry

Senate Bill 11 (Effective: August 1, 2016)

Caption: Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education; providing a criminal penalty.

  - Authorizes a license holder to carry a concealed handgun on or about the license holder's person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state.  Open carrying of handguns is still prohibited at these locations.

  - Authorizes an institution of higher education or private or independent institution of higher education in this state to establish rules, regulation, or other provisions concerning the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.

  - Requires the president or other chief executive officer of an institution of higher education in this state to establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus or on specific premises located on the campus.

  - Authorizes posting of a sign under Penal Code Section 30.06 with respect to any portion of a premises on which license holders may not carry.

  - The effective date of this law for a public junior college is August 1, 2017.

Various Other Changes

House Bill 554 (Effective: September 1, 2015)

Caption: Relating to a defense to prosecution for the offense of possessing or carrying a weapon in or into the secured area of an airport.

  - Amends the Penal Code to add a defense to prosecution if the actor possessed a handgun that he or she is licensed to carry at the security checkpoint of an airport, and exited the screening checkpoint for the secured area immediately upon completion of the required screening process and notification of possession of the handgun.

  - Adds the actor cannot be arrested for the sole offense of possessing a handgun that he or she is licensed to carry, unless a police officer gives the actor the opportunity to leave the area and he or she does not immediately comply.

House Bill 1376 (Effective; September 1, 2015)

Caption: Relating to the application of certain concealed handgun license laws to community supervision and corrections department officers and juvenile probation officers; reducing a fee.

  - Allows supervision officers and juvenile probation officers to establish proof of proficiency by a sworn statement that indicates the person demonstrated proficiency with a firearm instructor licensed by the Texas Commission on Law Enforcement within the 12 month period preceding the application for the license to carry.

  - This provision applies to supervision officers appointed or employed under Section 76.004, Government Code, to supervise defendants placed on community supervision.

  - Reduces the fee for a license to carry to $25 for these individuals.

  - Individuals applying under this special condition will be required to provide proof they are a supervision officer or juvenile probation officer.

  - A new fee schedule will be posted on the department's website.

House Bill 2604 (Effective: September 1, 2015)

Caption: Relating to a concealed handgun license application that is submitted by a peace officer or a member of the state military forces.

  - Exempts applicants who are active peace officers from the requirement to submit fingerprints.

  - Repeals the provisions requiring a sworn statement from the head of the employing law enforcement agency regarding the applicant's conduct and proficiency.

  - Regulatory Services Division (RSD) is in the process of updating the online application checklist. Until the online application is updated, peace officers may disregard the notations requiring fingerprints and the sworn statement from the head of their employing law enforcement agency.

  - Updated application instructions for peace officers will be posted on the department's website upon the effective date of this law.

House Bill 2739 (Effective: September 1, 2015)

Caption: Relating to the use of a concealed handgun license as valid proof of personal identification.

  - Amends the Business and Commerce Code to require businesses to accept a concealed handgun license (CHL) as a valid form of personal identification for access to goods, services, or facilities.

  - Does not affect laws requiring a driver license to operate a motor vehicle.

  - Does not effect the existing requirement to present a driver license when renting a car.

  - Does not affect the type of identification required under federal law to access airport premises or to pass through airport security.

House Bill 3710 (Effective: September 1, 2015)

Caption: Relating to a voluntary contribution to the fund for veterans' assistance when applying for a concealed handgun license.

  - Requires DPS to offer CHL applicants an opportunity to contribute money to the fund for veterans' assistance when applying for an original or renewal CHL license.

  - The applicant will determine the amount of contribution.

  - RSD is in the process of updating the online application to accept contributions. More information will be posted on DPS website when the option to contribute is available.

House Bill 3747 (Effective: June 16, 2015)

Caption: Relating to the issuance of a concealed handgun license to certain retired judicial officers.

  - Authorizes retired federal judges to receive a discounted CHL in the same manner as a retired state judge.

  - The reduced fee is $25. A new fee schedule will be posted on the department's website.

Senate Bill 273 (Effective September 1, 2015)

Caption: Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.

  - Prohibits a state agency or political subdivision from posting signs stating where CHL holders are prohibited from carrying a concealed handgun on the premises, unless specifically prohibited by Texas Penal Code 46.03 and 46.035.

  - Provides a civil penalty to a state agency or political subdivision if falsely notifying a CHL holder that entering or remaining on certain governmental premises, leased or owned, is illegal.

  - Limits the scope of the governmental meeting prohibition by restricting it to the specific room or rooms in which the meeting is being held, and to public meetings for which notice is required under the Open Meetings Act.

  - Provides an opportunity for the agency or subdivision to cure the violation within three business days of receipt of written notice from a citizen.

  - Complaints of a violation are reported to the Attorney General Office.

  - Provides the Attorney General must give notice to the agency or subdivision and provide an opportunity to cure the violation before a civil penalty is imposed.

Firearm Stoppages – Definitions

Before you can begin learning how to handle a firearm stoppage you need to know the following definitions:

In-Battery: The condition of the semi-automatic or automatic weapon in which the breeching mechanism, bolt or slide, is all the way forward and in the proper position for firing.

Out-of-Battery: A term describing when the breeching mechanism, bolt or slide, is not sufficiently closed to safely support the cartridge or seal the action to be in the proper position for firing.  This term is applicable to when the breeching mechanism is only slightly out of position or when it is locked fully to the rear as on an empty magazine or somewhere in between the two.  Being out-of-battery by as little as 1/8 inch will cause a failure to fire. 

Malfunction: The stoppage of a firearm where it is rendered inoperable and not able to be remedied by normal malfunction clearance/immediate action procedures or cannot be cleared without the use of tools or without disassembly of the weapon.

Stoppage: Failure of the weapon to function as designed because of a mechanical defect or shooter induced condition.  A stoppage can be cleared by performing correct immediate action/remedial action procedures and does not require the use of tools or disassembly of the weapon.

Failure to Fire:  Also called a Misfire - this occurs when the trigger is pressed, the sear releases the hammer or striker, and the firing pin or striker hits the cartridge, but it does not fire.  There is an indentation on the round’s primer or rim, but there is no bang.  This can also occur when the operator fails to load a round in the chamber by not seating the magazine all the way in the magazine well.

“Hang Fire” occurs when you press the trigger and it takes several seconds for the round to fire. It does fire, but there is a delay between the time the firing pin hits the bullet’s primer and when the round goes off.  The primer goes off, but the main propellant in the cartridge doesn't burn right away and it burns slowly until it builds up enough pressure to push the bullet out of the crimp of the cartridge and out of the barrel. This may take a few seconds to accomplish. It is VERY IMPORTANT to keep the gun pointed in a safe direction for at least 30 seconds to see if the Hang Fire round goes off when in certain training situations.  Also, KEEP YOUR FINGER OFF THE TRIGGER, never turn the handgun in any unsafe direction, and ALWAYS keep it pointed down range.

Squib Load:  A squib load is an extremely dangerous malfunction that happens when a fired projectile does not carry enough force and becomes stuck in the gun barrel instead of exiting it.  In the case of semi-automatic or automatic weapons, this can cause successive rounds to be fired into the projectile obstructing the barrel, which can cause catastrophic failure to the structural integrity of the firearm, and pose a threat to the operator or bystanders.

Failure to Feed:  A Failure to Feed is when a cartridge does not load into the chamber.  The handgun fails to feed a cartridge into the firing chamber from the magazine for some reason.

Failure to Extract:  The cartridge fires, but the extractor does not pull the fired case from the chamber so it can be ejected.  The cartridge case remains in the chamber and another round cannot be fed into the chamber because of this.  A cartridge must extract before it can be ejected.

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Double-Feed where two live rounds are trying to feed into the chamber at the same time.  An un-fired live round is still in the chamber and a second live round has been picked up from the magazine and forced against the unfired round also in the chamber.

Failure to Eject: The fired case is pulled from the chamber by the extractor, but not fully ejected through the ejection port, causing the slide to lock partially open on the empty case. Sometimes the case is trapped by the slide and held in an upright position with the empty open part of the case pointing up like a chimney of a stove. Thus, the nickname for this failure of Stovepipe.

In upcoming BLUF posts - Immediate Actions/Remedial Action procedures for a handgun or a rifle.

Learn, practice dry fire, train live fire, and master!

Gunny sends!

TX License To Carry – Handgun Rental

Rental Handgun for the TX License To Carry - Handgun Course

XD® 4″ Full Size Model 9mm

The XD® pistol from Springfield Armory® sets the standard for polymer pistols. The XD® has everything you want and need in a pistol – superior ergonomics, reliable performance, and features that make it easy and intuitive to use. The XD® 4” Full-Size is the original XD® offering from Springfield Armory®, and the most basic XD®. This is the XD® that started it all.

See more at: Springfield Armory Website

Please read the owners manual before you come to the course so you are familiar with all aspects of the handgun!

BLUF – Handgun Fundamentals (Stance)

Proper Handgun Firing Stance

BLUF:  When learning to shoot a handgun your basic handgun firing stance, or shooting foundation, is crucial anytime you fire a weapon.

When you first learn to shoot you have several shooting fundamentals you must develop and master.  Mastering the fundamentals of proper grip, shooting stance, aiming (sight alignment and sight picture), and trigger control (to name a few) will set the foundation of recall when it must be done instantaneously.  Great competitive and defensive technique shooters learn and train to have a solid basic handgun firing stance before moving on and learning to shoot from alternate shooting positions.  Whether you are dry fire training or "putting rounds down range" you have begin with a fundamental shooting stance.

In the video below from NRA All Access, Firearm Science's host Jessie Duff and 3 Gun National Champion Tommy Thacker explains the proper way to obtain the two most common shooting stances.

Learn, practice dry fire, train live fire, and master!

Gunny sends!

BLUF – Handgun Fundamentals (Grip)

Proper Handgun Grip

BLUF: Without proper grip on a firearm you will not have the ability to have substantial firearm control while achieving speed and accuracy.

In every class the fundamentals are stressed as the foundation of everything you do.  If you do not have solid muscle memory in the fundamentals of shooting, when in a crisis situation or when muscle memory takes over, you will not perform at your peak.  The grip of the pistol is one of those fundamentals that allows you to build your skills.  Accuracy, precision, and speed cannot be increased if this one fundamental is not perfected.  It is a perishable skill though.  You must train to obtain a proper grip at all times.

In this video from NRA All Access, Firearm Science's host Jessie Duff and 3 Gun National Champion Tommy Thacker explains that basic pistol grip fundamental that all other pistol shooting is built around.

Learn, practice dry fire, train live fire, and master!

Gunny sends!