Campus and Open Carry, Welcome to Texas

After more than eight hours of public testimony on Thursday, February 12, the Texas Senate Committee on State Affairs approved Senate Bill 11 and Senate Bill 17, by 7 to 2 vote and they will now go to the Senate Floor.

SB 11 removes restrictions in state law that prohibits law-abiding adult Concealed Handgun Licensees from protecting themselves on college and university campuses. One amendment was made stipulating that they could be carried concealed but not open carry. Still wouldn’t be able to go into any restricted areas such as hospitals.

SB 17 would allow a licensed CHL person to carry open or concealed in a belt or shoulder holster. Contact your representatives if you have concerns on either side of these subjects.

An interesting case in Colorado is Bonidy vs USPS which was decided by US District Court saying that the US Postal Code forbidding having a gun in a vehicle in the parking lot was not constitutional in that the parking lot was not a “sensitive” area and ordered the Postal Service to allow him to park in the parking lot with his gun locked in his vehicle. They denied the request to be able to carry the gun into the USPS building as that could be a sensitive area under previous cases so they said he could not take a gun into the building.

This case had some unusual circumstances in that the Plaintiff, a permitted concealed carrier, drove several miles from his home in the Colorado mountains to a Post Office that does not give rural service. The Post Office had parking lot reserved for the employees and 5 public parking spaces in the front. No parking on the street is allowed during the winter when snow is on the ground. Therefore since he was denied the ability to park in the parking spaces with a gun in his car, he could not drive to town with it. No postal employees worked in the parking lot other than retrieving mail from the drive up drop box.

I probably would not jump on the bandwagon that this is the last we will hear about this. The case has been appealed to the 10th District Court of Appeals. I had seen a couple of articles that the case was held in the appeals court but have not found documentation to show that.

On a National level, Congressman Matt Salmon from Arizona has filed the Knife Owners Protection Act (KOPA) in the 2015 session of Congress. KOPA would extend to knives the protections afforded to firearm owners in the Firearms Owners Protection Act (FOPA) of 1986. If a person may legally own a knife where he started his travel, and may legally own it at the end point, he would be protected in possessing it at points in between . . .From H.R. 419(pdf)

18 US Code Section 926A established the provision for a person who can legally have the firearm to transportation firearms from on point where he is lawful to another point if unloaded locked in a compartment other than the glove compartment or console where the travelers in the vehicle cannot have readily or direct access to the firearm.

A Federal Court in Texas has ruled that it is unconstitutional to require that a person be a resident of a state to purchase a handgun. It will take time for it to be appealed before this will be the law as I am sure that it will be appealed.

The case concerns a couple wanted to purchased handguns in Texas but had to have them transferred through an FFL in the DC area so they could purchase them in their state of residence. The FFL required $120 a gun to transfer them. This will be an interesting case to follow.

A case in a Pennsylvania Federal Court has ruled the Gun Control Act of 1968 is unconstitutional when applied to a person who had a non-violent crime many years ago (this one over 20 years) to say they cannot purchase a firearm. The Plaintiff was told he could not purchase a firearm because the unlawful carry law he was convicted under carried a penalty of “more than one year of prison “. He was sentenced to 180 days in jail and a $500 fine and both were suspended and he was given 1 year of probation. The only other problem he ever had was a DWI. I am sure this one will be appealed.

More to come I am sure. Stay Safe,
Ross and Dottie Bransford www.chl-texas.com 512/750 9843

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