The Duty to Retreat

Our hearts and prayers go out to those involved in the Boston problem, the explosion in West, and others who are facing big challenges in their own local areas for one reason or another.

Hats go off to a US Senate group who will stand up and say, this is not the solution and therefore, we need to rethink what we are doing before putting new laws in place.

Hopefully the Texas Legislature will be as careful in changing the laws of our great state also. They are still working on several proposals for a shorter education class, possible open carry allowed, and various changes to when and where you can carry, and even one trying to connect your license and CHL license more than they are at this time.

On Monday, April 29th, the House Committee on Criminal Jurisprudence is taking public testimony on HB 3773 by Rep. Garnet Coleman (D-Houston).

It looks as if this would gut what is referred to the Castle Doctrine and would raise the mental standard for using deadly force for personal protection from "reasonably believes" to "substantially certain", and requires the intended victim be "unable to safely retreat".

It would repeal the "presumption" for use of deadly force for every location other than within your home without attempting to retreat first if possible. Further it would prohibit the use of deadly force to stop a robbery or aggravated robbery. .

Take a look at it and then contact members of the House Committee on Criminal Justice.

Numerous ex-students and other licensees have called me first about their concern and worry of SB 864 by Senator Campbell which reduces the CHL initial class to 4-6 hours plus the range time and HB 47 by Representative Flynn which reduces it to 6 hours. I was in hopes that someone would see the inconsistency of requiring all the students we have taught to date to do 10 hours of study on the laws, dispute resolution, and safety when they are mostly people that were probably raised with guns, at least had knowledge of guns and probably have a very solid belief that they need to protect and defend themselves and their loved ones and now, when we are getting so many students who have never thought about their own safety or that of their loved ones, probably have shot a gun once or twice in their life and have had no serious conviction until their safety has now been unsettled by the happenings around them, and we say you only need 4 hours of information to be ready to be licensed and defend themselves. Convenience of getting the license is one thing but putting our new licensees in jeopardy with lack of knowledge or thought is another.

There are numerous other bills that are in both the House and Senate but none are moving quickly at this time that we can see.

STAY SAFE,
Ross and Dottie

 

June 18, 2013 - Many Changes to the CHL Process

Several court decisions have helped hunters and concealed handgun people. One dealing with a 2010 Environmental Protection Agency (EPA) denial of a petition to block the use of lead ammunition based EPA not having legal authority to regulate ammunition. Congress then added language specifically exempting ammunition from EPA control.

The Center for Biological Diversity (CBD) filed another slightly different petition to specifically target ammunition used in hunting or recreational shooting exempting law enforcement or the military. The U.S. District Court for the District of Columbia recently dismissed that lawsuit Judge Sullivan dismissed CBD’s lawsuit as an attempt for reconsideration of the previously denied petition. He deferred to EPA’s determination that the agency was not congressionally authorized to regulate lead-based ammunition.”

The CHL division has been having some challenges keeping up with the applications and renewals being forwarded to them so do not be too alarmed if it take 25 to 30 days for your documents to appear on the web site after you have mailed them in.

Another Supreme Court decision may affect all of us as voters. Some are saying that it was a very bad decision but in reviewing the opinion and case, I tend to agree with the more conservative analysts, in that it did not make any concessions as to the requirements to register as a voter but simply says that a state cannot require that certain documentations not required under the federal application be submitted and that Arizona should apply to the EAC for special changes to the federal form to accomplish their purpose rather than having a requirement of their own.

In September there will be lots of changes to the CHL classes. The Governor has signed the bills and now they will be codified and then the Department of Public Safety will let us know what they will require.

HB 48 appears to do away with renewal classes or qualifications completely so you will have to review a document DPS sends to you and swear you understand the new laws when you apply to renew. Further when you have completed your application with DPS, but have not received your new license, and your license expires, you may be able to continue to carry until you receive your license.

HB 333 requires hotels and establishments to notify you of their no concealed carry policies if you make a reservation online or by phone.

HB 485 lowers fees for police, some state law enforcements, and veterans.

HB 698 allows applicants from counties with less than 46000 populace to not have to drive to a digital fingerprinting service unless it is within 25 miles of their home.

SB 86 sets limits on new applicants’ CHL classes to 4-6 hours plus range time. Same information and test but less time..

HB 1009 provides for marshal-type teachers with special training and a CHL license in schools. HB 1349 will no longer require you to give social security number on applications or renewals

HB 1421 allows seized weapons to be sold to FFL holders instead of destroyed.

HB 1718 gives special exception on persons terminally ill for hunting license.

HB 2407 sets in place special provisions for restoration rights after medical guardianship

HB 3142 removes the SA or NSA license categories. Whatever type handgun you qualify with allows you to carry either SA or NSA.

SB 299 changes the “Fail to conceal” requirement to “intentionally fails to conceal or intentionally displays.”

SB 1907 basically extends parking lot law to college employees and students unless the universities etc. have rules that might rule against you. You could not be prosecuted for unlawful carry but you might be expelled from the school.

NONE OF THESE LAWS WILL TAKE AFFECT UNTIL SEPTEMBER 1, 2013 OR LATER..

Know we are extra careful, but we are encouraging all who want to get a license and can, go ahead and take your course prior to September so that you get all the training not a shortened version and go ahead and put your application in as we do not know where the time limitations and such may go as DPS change all their processes, web site, and train all the CHL instructors. Hopefully after all is put in place it will mean an even more streamlined application process, but in the beginning not sure that all will work as they have it planned

Folks we have had another CHL licensee shot by a police officer in north Texas after a house alarm went off and alerted the police. When the young policeman arrived, something went terribly wrong and the home owner was killed. Remember at all times when dealing with authority, err on the side of making them feel safe and live through the ordeal. Then do what you must but don’t be “dead right”.

Love the victim of an armed home invasion in Houston who was assaulted and then stuffed into a closet by the intruders. Little did they know that it was where the victim stored his guns and he came out and shot one of the intruders while the other two fled. That is another reason for no one to know where your guns are.

We are thinking about setting up some additional types of training classes such as daily carrying questions, carry types, carrying specific types of guns and their challenges. We would like feedback on what you think is needed and any suggestions as to what would be good topics. Send me an e-mail ross@chl-texas.com ..

Our next Learn to Shoot Class is on June 29th and a Sharpening Shooting Abilities on July 20th. Both are at the Lone Star Gun Range. These are morning class so hope that it will not be too hot.

Will try to keep you updated as we see how these new rules play out.

Stay Safe,
Ross and Dottie

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