Live to Shoot - Defending our 2nd Amendment Rights

Texas Passes Constitutional Carry

May 28, 2021 Jeff Dowdle Episode 74
Live to Shoot - Defending our 2nd Amendment Rights
Texas Passes Constitutional Carry
Live to Shoot - Defending our 2nd Amendment Rights
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Show Notes Transcript

In this episode we discuss Texas passing Constitutional Carry and what it means.

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Well, welcome to the live shoot podcast. My name is Jeff Dowdell and I've been a licensed firearm dealers for the last 14 years in this podcast. We talk about all things related to the second amendment, as well as we might throw in a sports story or something going on in the current day political environment or just something going on in my life. So welcome. Welcome. Welcome everybody. I am so glad to be here is a Friday. And we have a long weekend it's moral day weekend, and I. Courage everybody to take a moment and think about all those people that have served and lost their lives. Given the ultimate price for our freedom. It is we are the greatest country in the world, and that is based on a lot of blood that has been shed. And we need to remember those. And if you've got a national cemetery, In your area and you've never visited it go there on moral day. It, it, they usually have a ceremony of sorts and it, but it's just moving to walk through it. We have one here in Dallas and we've been there a few times and obviously we went to Arlington national cemetery when we were in DC a few years ago. And it's just amazing to see And, and give thanks to, to those that have, have given their lives for us, but so enjoy your moral day weekend. And again though, remember why we're we do have Monday off. It's not the barbecue. So this is a, been a busy week, a lot going on in the, in the world, in my life. The exciting thing also is that I ordered a Tesla yesterday. This will be my wife's car. We're just getting a little Mo model three and By far, you know, this may be the nicest car we've ever purchased. I am not a car person and never really spent a lot of money on cars, but I've been wanting a Tesla. And so we have purchased one. We've got, it's going to be three to 13 weeks. It says for, we get delivered. There's a, you know, by knows there's parts, part shortages chips are short. Because of delays in Taiwan. And so, but we will be getting one hopefully here in the next a few months. And so that will be exciting and I will be giving you all an update on how that goes, but in the world, politics and news, it has also been a crazy week. Couple of things. We have a new red flag law, national red flag, red flag law. That's harder to say that has been submitted into the house. That also goes along with the one that Marco Rubio submitted in the Senate. I will. Probably be talking more about red flag laws in that legislation next week. So I'm not going to get into that right now. We have the, the confirmation hearings going on for the new ATF director and we've got him saying crazy things like he wants to ban AR fifteens, but then when asked to define an assault weapon, he couldn't do it. And just as a reminder, he has been a national gun grabber, a gun control advocate for the last several years. And we're putting him in charge of the ATF are attempting to, so but on the good news side, Texas passed constitutional carry. And that's really what I want to talk about today. Now. I know I've got a lot of listeners across the country, even in the, across the world. And sometimes I get a little Texas centric here because I'm in Texas, but just bear with me because as Texas goes, so can the country, right? And now Texas isn't on the F on the leading edge of constitutional carry. They are actually behind, but it is a big step forward for our second amendment rights that the state like Texas is now getting on board with constitutional carry. So. What does the constitutional carry mean? Well, so in this beginning, September one, anyone who's over 21 can legally possess a firearm concealed or openly in non prohibited public places without a license. Now, there are some exceptions. Those who have been convicted of certain misdemeanors in the previous five years will not be able to carry handguns outside of their property or vehicle. These misdemeanors are things like assault causing bodily injury, deadly conduct. Terrorist threats disorderly conduct with a firearm and things like that in there are also You know that the typical places that you cannot openly are, are permitless carry schools Poland places. And these are most of the same as, as with license to carry. We'll talk a little bit about some of the differences courts or offices you live by the court. Racetracks airports pass security bars that make 51% or more of their income from the sale of alcohol sporting events, high school, college, or professional correctional facilities, civil commitment facilities, hospitals, nursing homes, mental hospitals, amusement parks seventy-five plus acres in large counties and open at least 120 days a year. Okay. I'm not sure how to dig into it, but I believe that language is put in there too. Exclude the Texas state fair because you can licensed to carry currently at, in the text state. At the Texas state fair. And then governmental open meetings, if notice is provided now, they had wanted to put a savings clause in there that said that the that if you carried into a, some prohibited place, but left, as soon as you were given notice that you could not be penalized that You wouldn't be prosecuted. That was a stripped out, but it does include a fence, the prosecution, if you care, any one of the places when no signs was posted that was posted that there's no signage that posting them warm you, that carries wherever there is some defense for that. Other Prohibited permitless carry is obviously carrying while you're intoxicated, should never do that. Anyway. Shouldn't operate a firearm while you're intoxicated and all this it's just an absolute emergency campus carry Yeah, hang on, carry down the lower Colorado river authority, private businesses will be able to prohibit build a post a what is now going to be a 30 dot oh five, the 35. So currently in Texas, if they post a 36 means you can't carry concealed. If they post a 30th seven, you can't Okay. Carry openly with license. So typically here, you'll see somebody that'll either have a 30 out six and a 37, or maybe just a 37 and you can't open, but you could carry a conceal and federal property. You cannot carry on federal property now. There is a protection for foster parents can legally possess firearms carry it. And while transporting their foster children in a vehicle now, the, the, the new constitutional carry does increase the penalties for Illegally possessing a firearm. And this is one of the things that always stressed. Is that the way we need to start pursuing some of these quote quote-unquote gun control, common sense. It sets up the penalty for people when they do break the law. Those are the people that we're trying to get to. So currently, if, if you've been convicted of a felony and you're currently caught possessing farm, it's a third degree felony. Now it's going to be a second degree felony with a minimum five-year sentence. If you've got a class, a misdemeanor for family violence, violence, Previously in to be a class, a misdemeanor. Now it's a third degree felony and those subject to one of the following orders a family, a family violence protective order, magistration order for emergency protection, marriage, dissolution suit, protective order or family violence. Protective order from another state was a class, a misdemeanor. Now it's a, a third degree felony. Another thing they did was that if you'd been convicted before September 20, one of unlawfully carrying a handgun, that's going to be expunged from your record. So if you've done that in the past, you will be still be able to, to carry. It does allow police officers though, to disarm somebody who is for their, their safety in discharging, their duties. That is, that is caring. Permanent lists until they can uh, you know, determine You know what the situation is around that, that person. So it's exciting. Now, one of the questions I keep I've gotten is do now, do I need a license to carry? And what's the benefit of having a license to carry now and, you know, there's there's still some benefits to that. So one of the benefits is that reciprocity. So you can, if you have a license to carry and you go into another state, you can still carry in that state there's reciprocity between Texas and that other state in Texas has reciprocity with most states. Now you can't do that in if with just permanent, less caring. Buying guns easier as an FFL. I know that you get the license to carry you. Come in here, you just do the 44 73, no background check and off you go. Even people well that are, I don't have any issues. Sometimes they get delayed. You've got to wait about three days to pick it up. And, and I'm speaking just specifically for Texas, but it still does make the gun pursuing Easier. And you know, obviously just getting the training and education around the license to carry and understanding what the laws are is important. And there are a couple of provisions that as I said the other provi, the other Previously prohibited places like campus carry is still prohibited as permanent lists, but you can conceal carry conceal on hanging campuses in, in in Texas. So if you get a licensed carry, you can carry on on campuses, just not without permanent lists. As I mentioned that you can't on let's carry on the lower Colorado river authority license to carry holders can, and you know, you might see private businesses. They may just post the 30 dot oh five sign that says you can't permitless carry, can't come in here, but that would not eliminate license to carry. Holders to carry in that. So you still have some significant benefits and I encourage everybody the more to carry holders. We get out there, the stronger our movement gets in terms of supporting the second amendment and showing people that we That we have a strong desire to execute exercise. I'm sorry, our second one. Right. So it's a little bit of good news in terms of constitutional carry in the state of Texas. And that it's finally gotten past, cut it close, but we did get it passed. So I, then Brian, next week I might be talking a little bit more about red flag laws because we've mentioned that the by an administration that has one of their, their executive orders was to get a model legislation for red flag laws. We've already had, we've had another one for committed for a national red flag law. And so that looks like it's picking up steam again. And if you have not gone out and commented on the definition of the receiver and the ghost gun rulings on the federal register. Go out there. Get that done. We've got probably about 70 more days to get comments out there. So thank you for listening again, like I said, always, you know, like this podcast comment on it, send me your comments, share it with people. I need to get the word out. We need to continue to spread the word about the second amendment and get our voices heard. Thanks and have a great Memorial day weekend. Be safe.

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