Date: Sat, 10 Jun 1995 21:14:25 -0400 From: alerts@gatekeeper.nra.org (NRA Alerts) To: firearms-alert@shell.portal.com Subject: INFO: TX Right-to-Carry Bill Summary SUMMARY OF TEXAS RIGHT TO CARRY BILL Beginning September 1, 1995, anyone aged 21 years or older who has been a legal resident of the State of Texas for at least six months, and who is not ineligible to obtain a license under the provisions of the new law, may apply to the Department of Public Safety for a license to carry a handgun concealed. Although DPS plans to begin accepting applications on September 1, licenses will not become effective until January 1, 1996. Announcements on training classes for instructors and applicants will be forthcoming. No firearms instructors or training facilities had been officially approved by DPS. Although it is expected that NRA- certified instructors will be recognized as qualified handgun instructors, they must still be certified by DPS and may be required to receive additional training or expand their courses to meet the instructional criteria set out in the bill. Individuals who would be ineligible to obtain a license include any person who is prohibited from purchasing a handgun under state or federal law; any person who has been convicted of a felony; has been charged with the commission of a Class A or B misdemeanor or has been convicted of such an offense in the five years preceding application; any person who is a fugitive from justice for a felony or Class A or B misdemeanor; any person who is chemically dependent; any person who has been convicted of two alcohol or drug-related offenses of the grade Class B misdemeanor or greater within the ten years preceding application; any person who has been adjudicated mentally incompetent, mentally ill, diagnosed by a licensed physician as suffering from a mental disorder that renders the person incapable of managing his or her own affairs, or who has been found not guilty of a crime by reason of insanity; any person who is delinquent in state tax, student loan or child support payments; or any person who is the subject of a restraining order or protective order affecting a spousal relationship. An individual wishing to apply for a license may obtain a request for application materials from a licensed handgun dealer, DPS or any other entity approved by DPS. The request form must be completed and forwarded to DPS or a designee of the agency, along with two recent color passport photographs; two complete sets of legible fingerprints; a copy of a birth certificate or other certified proof of age; proof of residency in the state; a non- refundable $140 license fee (the fee will be reduced to $70 for applicants aged 60 or older and for applicants whose income is below poverty level); a handgun proficiency certificate issued by a qualified handgun instructor; and an affidavit signed by the applicant stating that he or she has read and understands the state's new concealed carry law and laws relating to the use of deadly force. DPS will conduct criminal history records checks on applicants and verify the accuracy of information included on the application materials. DPS shall issue licenses to qualified applicants within 90 days of receipt of the completed application materials. Beginning January 1, 1997, the Department shall issue licenses to qualified applicants within 60 days of receipt of the completed application materials. Licenses will contain a unique number assigned to the license holder by DPS; the term of validity for the license; a color photograph and the name, date of birth, address, hair color, eye color, height, weight and signature of the license holder; the category or categories of handguns the license holder may carry (designated as "SA" for any handguns, whether semi- automatic or not, or "NSA" for handguns that are not semi- automatic, i.e. revolvers only.) Licenses are valid for four years from the date of issuance. DPS is required to provide written notice to any individual who is denied a license or whose license has been revoked or suspended. An individual may submit to DPS a written request for a hearing within 30 days of receiving the notice. DPS is required to schedule a hearing in the justice court of the county in which that individual resides and it must take place within 60 days of the date of the written request for the hearing. If the court determines that the denial, revocation or suspension of the license was not supported by a preponderance of evidence, it shall order DPS to immediately issue or return the license to the applicant or license holder. Under the provisions of the bill, DPS shall establish requirements for the certification of qualified handgun instructors and set a $100 certification fee. In order to renew certification, which expires after two years, instructors would be required to pay a $100 renewal fee and complete a DPS retraining course. Certified instructors are authorized to issue handgun proficiency certificates to persons who meet the training and proficiency requirements specified by DPS. DPS will establish minimum standards for handgun proficiency and develop a course to be taught by qualified handgun instructors that will consist of two phases: classroom instruction and range instruction. The applicant will be required to demonstrate, at a minimum, that he or she can effectively operate a 9mm or .38 caliber handgun. The course will include at least 10 hours, but no more than 15 hours of instruction in four areas: 1) laws that relate to weapons and the use of deadly force; 2) handgun use, proficiency and safety; 3) nonviolent dispute resolution; and 4) proper storage practices for handguns. Qualified handgun instructors shall issue handgun competency certificates to individuals who successfully complete the handgun proficiency course and DPS may only issue a license to carry handguns falling into the categories indicated on the applicant's certificate of proficiency. DPS will develop more specific criteria in these areas of instruction over the summer and NRA-ILA will work hard to have input into that process. In order to renew a concealed carry license, a license holder is required to complete a continuing education course in handgun proficiency, developed by DPS, and obtain a handgun proficiency certificate not more than six months before the date of application for renewal. The course, to be taught by qualified handgun instructors, will include a minimum of four hours of instruction in one or more of the four subject areas listed above, a written examination and a physical demonstration of proficiency. The license holder must send a completed application for renewal, along with two recent color passport photographs, a license renewal fee (to be set by DPS to cover the actual cost of license renewals) and a copy of a handgun competency certificate to DPS. DPS has 45 days to either issue the renewal license or notify the license holder in writing that the renewal license application was denied. A license holder who wishes to carry a handgun in a different category than that listed on the original license may apply for a modified license. Applicants must complete an examination administered by a qualified handgun instructor which includes a physical demonstration of proficiency in the use of one or more handguns of a specific category. The license holder must send the completed application, along with two recent color passport photographs, a $25 modified license fee and a copy of a handgun competency certificate (obtained not more than six months prior the date of application for a modified license) to DPS. DPS has 45 days to either issue the modified license or notify the license holder in writing that the modified license application was denied. The granting of a license does not allow the license holder to carry a handgun in business establishments deriving 51 percent or more of their income from the sale of alcoholic beverages for on- premises consumption; on the premises of a school or other educational institution, unless given prior written authorization; at a school or professional sporting event, unless the license holder is a participant and a handgun is used in the event; in a hospital or nursing home, unless given prior written authorization; on the premises of a correctional facility; on the premises of a church, synagogue or other place of worship; in an amusement park; at a meeting of a governmental entity; in polling places; at race tracks; in secured areas of airports; or while intoxicated. A private or public employer reserves the right to prohibit the carrying of concealed handguns on the premises of the business. A license may be suspended if the license holder is convicted of a disorderly conduct offense punishable as a Class C misdemeanor; fails to display his or her carry license upon demand by a magistrate or peace officer for identification or for display of such license; fails to notify the DPS of a change of name or address within 30 days and obtain a $25 duplicate license; carries a concealed handgun of a different category than he or she is licensed to carry; is indicted for an offense that would make him or her ineligible to obtain a license upon conviction; or fails to return to DPS a previously-issued license upon receipt of a modified license. Licenses may be suspended for not less than 1 year and not more than 3 years. A license may be revoked if the license holder was not entitled to a license at the time it was issued; provides false information on the application; subsequently becomes ineligible for a license; or is convicted of an offense involving an intentional failure to conceal a handgun or carrying a handgun concealed in any of the above-listed prohibited places. A license holder may reapply as a new applicant for a license after two years if the cause for revocation no longer exists. (Please direct any further questions to the NRA's Office of General Counsel at (703) 267-1250.) =+=+= This information is presented as a service to the Internet community by the NRA/ILA. Some useful URLs: http://WWW.NRA.Org, gopher://GOPHER.NRA.Org, wais://WAIS.NRA.Org, ftp://FTP.NRA.Org, mailto:LISTPROC@NRA.Org (Send the word help as the body of a message) Information can also be obtained by connecting directly to the NRA-ILA GUN-TALK BBS at (703) 934-2121. 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