Misunderstandings Persist about Texas Concealed Handgun Law

Of all the laws that Texas has passed in the last ten years, few have caused more controversy than the Texas Concealed Handgun Law. To the great surprise of many, both in law enforcement and in the civilian population, it is also very true that few laws have been more successful in reducing the rate of violent crime.

(PRWEB) September 20, 2003 --Well over 200,000 Texans have an active concealed handgun license today, and only a tiny percentage have ever been revoked. Most of the revocations have been for carrying in the wrong place, failure to update the licensees address, failure to identify to a peace officer, and other non-violent infractions of this nature. Only a miniscule number of Texans have ever been criminally prosecuted for discharging their firearms.

When the concealed handgun bill was before the Texas Legislature in 1995, several police departments lobbied vigorously against it, claiming that citizens carrying firearms would lead to shootouts at traffic lights and other dreadful dangers to public safety. They have been proven wrong over the past eight years, and at least one large city police chief has stated publicly -- to the media -- that he was wrong to oppose the bill.

Nevertheless, the misunderstandings concerning the license continue to abound.

Most readers with Internet accounts will know what a FAQ is. For those who arent active on the Net (yet!), a FAQ is a list of Frequently Asked Questions, with answers, that a reader should browse before calling technical support for a system or application.

This is a FAQ for the Texas Concealed Handgun Law. It should not be considered a substitute for actually reading the law, but if you just have a few questions, you should find the answers here. For those of you who already have your license, this can serve as a review.

1)   Haven't family violence and other unpleasant incidents increased since civilians began carrying firearms legally in Texas?

A.   They have not! People who misuse firearms are not the people who purchase them legally and complete the legal requirements for a license.

2)   Isn't it dangerous for civilians to carry firearms? After all, the police are trained to deal with life and death situations.

A.   According to the research done by John Lott of the University of Chicago, the percentage of police shootings involving an innocent civilian misidentified as a criminal is approximately eleven percent. Only a tiny two percent of civilian shootings involve an innocent person misidentified as a criminal. It is true that police face different circumstances when working. Nevertheless, it is obvious that nearly all civilians are very responsible and careful with their firearms.

3)   I don't need a firearm. The police will protect me.

A.   Certainly they will try. But this is the commonest misconception of all. Police are not mandated to protect civilians. They do not even have to try. Most are good men and women who will try, but the simple fact is that the cop gets there anywhere from several minutes to several hours after the crime was committed and takes the report, which is not much comfort if you're dead.

4)   Firearms are dangerous in a home with children.

A.   It is important to take precautions, that is true, and not only because you can be prosecuted for making a readily dischargeable firearm available to a minor. The very best precautions are (a) train your children to handle firearms safely from the very day they are physically able to do so, and (b) keep your firearm under your own control at all times. To do this, you must be able to carry it with you. And in Texas, that means you must get a license to do so legally.

5)   Many children are killed every year with firearms.

A.   Sadly, some are, but not as many as you might think. Most of the statistics you see bandied about consist of young adults up to the age of 24, and the ages from eighteen to 24 are when the most gang activity takes place. When you speak of children of actual school age, more kids are killed every year playing high school football than are shot. And even more suffer injuries that will cause them pain and disability throughout their entire lives. To date, however, no one has seriously suggested banning football. Maybe they should.

The #1 cause of death in young children today is actually drowning, but failing to teach your child to swim is literally begging for them to add to that statistic - just as failing to teach your child the safe handling of a firearm is begging to get them shot.

6)   I don't think I can pass the range test. I'm not a police officer, and Ive never done much shooting.

A.   Nonsense! The range test was designed to be easy enough for a grandmother who has never fired a gun before to pass with a whole five minutes of instruction. It is a test of whether or not you can follow instructions, more than anything else. And you can take it three times before you have to take the class again.

Of course, once you have the license, it will be your responsibility to become truly proficient with your firearm. The State of Texas, however, is treating you like an adult and assuming that you already know this.

7)   Can't I just carry openly?

A.   No. Texas law says you must keep your firearm concealed. This is partly because there are still a lot of people out there with an irrational fear of a simple piece of hardware (that can't shoot anybody by itself), but mostly because it provides a better deterrent against crime. Most criminals will think twice or three times if they do not know whether you are armed and have no idea where the firearm is.

8)   How many guns can I carry?

A.   How many can you conceal? That isnt facetious. There is no limit, but you must conceal them.

9)   Can I take my firearm when I'm traveling?

A.   If you are spending at least one night away from home, you can always carry under federal law, with the firearm and the ammunition secured in separate places, and both out of your reach. Federal law is pretty vague about what constitutes traveling, though. Be sure you will be staying over at least one night.

In addition, there are a number of states today that recognize the Texas CHL. You should check carefully before you leave, but many of the places you might be going will allow you to carry just as you do in Texas.

10)    I can't legally carry my firearm anywhere, anyway, so why bother to get the license?

A.   There are actually very, very few places where you cannot carry your firearm, and they will be covered extensively in your class. Just for argument's sake, though, we will cover them briefly here:

•   Any property owner can post what is called a "30.06" sign. This is a sign that is about three feet wide, at least two feet high, and very conspicuous. The requirements are very precise. I know of exactly two of them correctly posted in San Antonio - one on the front entrance to Methodist hospital and one at the entrance to Fiesta Texas. For some considerable time, there was an incorrectly posted sign on the main entrance to the San Antonio International Airport.

•   The owner or person in effective control of any private property may ask you to leave, in which case you have to leave immediately. However, this is a "concealed" license, right? To do this, the person in control of the property would first have to see the licensees firearm, which would place them in violation anyway, and then confront an armed individual to ask them to leave. Realistically, how often do you think this happens?

•   You can't carry on Federal property, most of which will be marked with a sign that refers to Title 18 of the U.S. Code. In day to day living, this will usually be a Post Office.

•   You cannot carry on the physical premises of a school, or premises where a school activity is being conducted.

•   You cannot carry on the premises of a polling place while voting is going on, either early voting or the day of the election. This one is dangerous. With the early voting practices today, this could be almost anywhere or anytime. However, you can look for the sign that says No electioneering beyond this point." That sign will mark the line you should not carry your firearm past.

•   You cannot carry in any government court or offices utilized by a court.

•   You cannot carry on the premises of a racetrack.

•   You cannot carry into the secured area of an airport (meaning past the metal detectors, although San Antonio tried to make it the whole airport). With the changes in the law that took effect on September 1st of this year, I believe you will find that you can carry into the non-secure areas.

•   You cannot carry within 1,000 feet of a place of legal execution (yes, this refers to the execution of a prisoner).

•   You cannot carry into a facility that derives 51% or more of its profits from the sale of alcoholic beverages for consumption on premise. This is meant to ban you from nightclubs. In most cases, you can carry into a restaurant that serves alcohol, and you can nearly always carry in a liquor store. If you are not allowed to carry, there will be a sign near the entrance with a red 51" on it. The 51" must be five inches high, so it will be conspicuous.

•   You cannot carry on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event.

•   You cannot carry on the premises of a correctional facility.

•   You cannot carry on the premises of a hospital or nursing home (if posted with a 30.06 sign). These facilities have oxygen systems in the walls.

•   You cannot carry in an amusement park (if posted with a 30.06 sign).

•   You cannot carry on the premises of a church, synagogue, or other established place of religious worship (if posted with a 30.06 sign). Many churches do not post.

•   You cannot carry at the meeting of a governmental entity (if posted with a 30.06 sign). This refers to City Council meetings and the like.

•   Your employer can forbid you to carry without posting a 30.06 sign if it is mentioned in your employee handbook or on any form you are required to sign. However, this does not prevent non-employees from carrying on the premises (unless your employer posts the correct signage).

As you can see, the places where carry is forbidden are very specific, and there arent all that many of them. Red circles with a bar through a firearm do not apply to licensees. And the sign we have all seen a thousand times in convenience stores states specifically that The unlicensed possession of a firearm . . . etc.,etc." That one is a no-brainer.

When you are ready to take responsibility for your own safety and that of your loved ones, seek out a concealed handgun instructor and ask some frank questions. You will be pleasantly surprised by the answers.

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Kathryn A. Graham is a private investigator and concealed handgun instructor who teaches weekday and weekend classes in the San Antonio area. She can be reached at 830-832-4189.

Author available for interviews.