HB2470 - Relating to the age at which a person not otherwise prohibited by state or federal law from possessing a firearm may carry a handgun or is eligible for a license to carry a handgun.

  89R9410 JSC-F     By: Virdell H.B. No. 2470       A BILL TO BE ENTITLED   AN ACT   relating to the age at which a person not otherwise prohibited by   state or federal law from possessing a firearm may carry a handgun   or is eligible for a license to carry a handgun.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The Legislature of the State of Texas finds that:                (1)  the Second Amendment of the United States   Constitution protects an individual's right to keep and bear arms,   to possess a firearm unconnected with service in a militia, and to   use that firearm for traditionally lawful purposes, such as   self-defense;                (2)  Section 23, Article I, of the Texas Constitution   secures for Texas citizens the right to keep and bear arms;                (3)  the United States District Court for the Northern   District of Texas in Firearms Policy Coal., Inc. v. McCraw , 623 F.   Supp. 3d 740 (N.D. Tex. 2022), recognized the right of responsible   individuals aged 18, 19, and 20 to carry a handgun outside the home   for self-defense and found that Texas's statutory scheme and the   prohibition imposed on these individuals under Section 46.02, Penal   Code, and Section 411.172, Government Code, infringed on rights   protected by the Second and Fourteenth Amendments to the United   States Constitution;                (4)  to ensure clarity in the law and consistency with   constitutional principles, the eligibility criteria for carrying a   handgun in Texas without a license and for obtaining a license to   carry a handgun should include responsible individuals aged 18,   19, and 20 who are not otherwise prohibited by state or federal law   from possessing a firearm; and                (5)  persons who are currently prohibited from   possessing a firearm under state or federal law will not gain the   right to possess or carry a firearm under this legislation.          SECTION 2.  Section 411.047(b), Government Code, is amended   to read as follows:          (b)  Such statistics shall be drawn and reported annually   from the Department of Public Safety computerized criminal history   file on persons 18 [ 21 ] years of age and older and shall be compared   in numerical and graphical format to all like offenses committed in   the state for the reporting period as a percentage of the total of   such reported offenses.          SECTION 3.  Section 411.172(a), Government Code, is amended   to read as follows:          (a)  A person is eligible for a license to carry a handgun if   the person:                (1)  is a legal resident of this state for the six-month   period preceding the date of application under this subchapter or   is otherwise eligible for a license under Section 411.173(a);                (2)  is at least 18 [ 21 ] years of age;                (3)  has not been convicted of a felony;                (4)  is not charged with the commission of a Class A or   Class B misdemeanor or equivalent offense, or of an offense under   Section 42.01, Penal Code, or equivalent offense, or of a felony   under an information or indictment;                (5)  is not a fugitive from justice for a felony or a   Class A or Class B misdemeanor or equivalent offense;                (6)  is not a chemically dependent person;                (7)  is not incapable of exercising sound judgment with   respect to the proper use and storage of a handgun;                (8)  has not, in the five years preceding the date of   application, been convicted of a Class A or Class B misdemeanor or   equivalent offense or of an offense under Section 42.01, Penal   Code, or equivalent offense;                (9)  is fully qualified under applicable federal and   state law to possess [ purchase ] a handgun;                (10)  has not been finally determined to be delinquent   in making a child support payment administered or collected by the   attorney general;                (11)  has not been finally determined to be delinquent   in the payment of a tax or other money collected by the comptroller,   the tax collector of a political subdivision of the state, or any   agency or subdivision of the state;                (12)  is not currently restricted under a court   protective order or subject to a restraining order affecting the   spousal relationship, other than a restraining order solely   affecting property interests;                (13)  has not, in the 10 years preceding the date of   application, been adjudicated as having engaged in delinquent   conduct violating a penal law of the grade of felony; and                (14)  has not made any material misrepresentation, or   failed to disclose any material fact, in an application submitted   pursuant to Section 411.174.          SECTION 4.  Section 411.179(a), Government Code, is amended   to read as follows:          (a)  The department by rule shall adopt the form of the   license. A license must include:                (1)  a number assigned to the license holder by the   department;                (2)  a statement of the period for which the license is   effective;                (3)  a photograph of the license holder;                (4)  the license holder's full name, date of birth, hair   and eye color, height, weight, and signature;                (5)  the license holder's residence address or, as   provided by Subsection (d), the street address of the courthouse in   which the license holder or license holder's spouse or parent   serves as a federal judge or the license holder serves as a state   judge;                (6)  the number of a driver's license or an   identification certificate issued to the license holder by the   department;                (7)  the designation "VETERAN" if required under   Subsection (e); and                (8)  any at-risk designation for which the license   holder has established eligibility under Section 411.184[ ; and                [ (9)     if applicable, a protective order designation   under Section 411.1735 ].          SECTION 5.  Section 411.205, Government Code, is amended to   read as follows:          Sec. 411.205.  REQUIREMENT TO DISPLAY LICENSE. If a license   holder is carrying a handgun on or about the license holder's person   when a magistrate or a peace officer demands that the license holder   display identification, the license holder shall display[ :                [ (1) ]  both the license holder's driver's license or   identification certificate issued by the department and the license   holder's handgun license[ ; and                [ (2)     if the license holder's handgun license bears a   protective order designation, a copy of the applicable court order   under which the license holder is protected ].          SECTION 6.  Sections 46.02(a) and (a-1), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if the person:                (1)  intentionally, knowingly, or recklessly carries   on or about his or her person a handgun;                (2)  at the time of the offense:                      (A)  is younger than 18 [ 21 ] years of age; or                      (B)  has been convicted of an offense under   Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed   in the five-year period preceding the date the instant offense was   committed; and                (3)  is not:                      (A)  on the person's own premises or premises   under the person's control; or                      (B)  inside of or directly en route to a motor   vehicle or watercraft that is owned by the person or under the   person's control.          (a-1)  A person commits an offense if the person   intentionally, knowingly, or recklessly carries on or about his or   her person a handgun in a motor vehicle or watercraft that is owned   by the person or under the person's control at any time in which:                (1)  the handgun is in plain view, unless the person is   18 [ 21 ] years of age or older [ or is licensed to carry a handgun   under Subchapter H, Chapter 411, Government Code, ] and the handgun   is carried in a holster; or                (2)  the person is:                      (A)  engaged in criminal activity, other than a   Class C misdemeanor that is a violation of a law or ordinance   regulating traffic or boating; or                      (B)  prohibited by law from possessing a firearm.          SECTION 7.  The following provisions of the Government Code   are repealed:                (1)  Sections 411.172(g), (h), and (i); and                (2)  Section 411.1735.          SECTION 8.  A handgun license that bears a protective order   designation under former Section 411.1735, Government Code, as   repealed by this Act, and that is valid on the effective date of   this Act remains valid until the 22nd birthday of the license   holder, regardless of whether the license holder continues to be   protected under a protective order described by former Section   411.172(i), Government Code, as repealed by this Act. A license   holder described by this section may apply for a handgun license   that does not bear the protective order designation by using the   renewal procedure under Section 411.185, Government Code,   regardless of whether the license that bears the designation has   expired or is about to expire.          SECTION 9.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION [Text truncated for display. Full text available on Congress.gov.]