Constitutional Carry a possibility in Texas

By Ellis Knox

Special to The Steel Country Bee

Constitutional carry, or permit-less open carry of a handgun may be coming to Texas. State Rep. Jonathan Stickland, of District 92, of Tarrant County has filed ‘HB 375,’ which would permit constitutional carry in Texas. Rep. Stickland introduced this measure late in 2016, to be considered in the 2017 legislative session.

This bill may face strong Democrat resistance just as the Concealed Handgun License (CHL), and License to Carry (LTC) did. It is not known at this time how many Republicans may oppose it. However, the likelihood of passage could be good as all the dire Democrat predictions of death and destruction have been wrong. Since 1995, much to the chagrin of those opposed to CHL and LTC, there have not been any fender bender shoot outs or gun fights in the streets. Everything has rocked along just like it did before.

The Open carry of any rifle or shotgun has always been legal in Texas. About the only place you see open carry of a pistol now is on the deer lease or out in the pasture, which was technically legal before. Most folks do not wish to give up the tactical and strategic advantage of concealed carry. Eleven states have already passed this measure for permit-less carry of a handgun. Texas joins twenty-one other states that plan to introduce like bills this coming year. Most constitutional constructionist scholars believe the Constitution does guarantee the right to openly bear arms.

The main subject of the District of Columbia vs. Heller case, decided by the Supreme Court of the United States (SCOTUS) in 2008, was personal defense and that the second amendment was a guarantee that the state could not prevent an individual from arming themselves for their own self-defense. Many in the constitutional carry movement in this state and elsewhere believe no state has a right to prevent any citizen from defending themselves or openly carrying a handgun. Especially since SCOTUS ruled that no police force can be held responsible for not protecting any individual. Although, the Heller decision did suggests that some state or local controls may be allowed, at least as to certain types of weapons, ammunition, magazine capacity and other aspects of the firearm. However, the licensing of individuals to ensure proper training also remains a legal option to the states. The constitutional carry issue is not popular with many law enforcement officials (LEOs) around the country and in Texas.

Another issue that will come up in the 2017 legislative session was raised by Lt. Gov. Dan Patrick. In a recent interview with Guns America online, the Lt. Gov. said that he intends to get the price of the Texas LTC handgun permit lowered. The Lt. Gov. specifically mentioned this aim in a recent press release about the plans for the up and coming 2017 Texas legislative session. Along with several other issues in the press release, the senate bill, ‘SB 16’ would address lowering the price of the permit, for first time applicants and for renewals. Patrick says that it would be a priority for him.

“Texas is one of the highest priced gun license tax in the U.S. The right of self-defense of life and property and the right to bear arms are fundamental rights. To bear arms is one of those unalienable rights mentioned in the U.S. Declaration of Independence from Britain, of life, liberty, and the pursuit of happiness. The defense of one’s life, family and property is basic,” the Lt. Governor said.

Currently the price of a LTC in Texas is $140.00. The licensing fees for LTC or a CHL in the U.S. range from $10 in Hawaii to $340 for a pistol LTC in New York. However, don’t count on getting one there. Most states gun licenses either CHL or LTC, fall in the $40 to $60 range. Lt. Gov. Patrick does not mention what the tax might be lowered to. That will be tackled by the legislature. It is unknown how much opposition this measure will receive by Republicans, however the Democrats will most likely oppose any change as they opposed the creation of the CHL and later the LTC. The average LTC instructional class in Texas runs on average around $100 to $150, time will tell if the instructors will lower their prices.

Editor’s note: Ellis Knox is a licensed Texas LTC Instructor.