Residents arm themselves with HB 1927 knowledge

About three dozen in-person Grimes County residents, and 200-plus via Facebook Live, received an introduction to HB 1927, aka “constitutional carry,” at an information forum at Navasota’s Progressive Center Monday night.

The controversial bill passed by the 87th Texas legislature goes into effect today, Sept. 1, and allows Texans over the age of 21 who can legally possess a firearm to legally carry a handgun – concealed or openly in a holster - in non-prohibited places without obtaining the License to Carry (LTC) previously required.

A panel composed of Grimes County Sheriff Don Sowell, Navasota Police Lt. Mike Mize and Grimes County District Attorney Andria Bender explained the ‘who, where and how,’ answered questions from the audience about how to interact with law enforcement if stopped, the right to prohibit persons with guns on private property, the value of obtaining a license even though no longer required, and enhanced penalties.

Sheriff urges “use common sense”

Sheriff Don Sowell discussed the seriousness of carrying a weapon and emphasized using common sense, saying “don’t try to be a hero.”

Sowell said, “It’s a very tough situation to have to consider whether or not you’re going to use deadly force, whether it’s a citizen or a trained law enforcement officer.”

He warned that citizens will be held accountable before a grand jury for the use of deadly force. While Sowell thinks the average citizen will be responsible, both the law enforcement and justice side have concerns about gun availability and “the dobads to want to carry one, but that’s their gamble.”

Regarding out-of-state travel, Sowell said, “If you have a concealed carry, you may be OK with a reciprocal agreement with other states but HB 1927 does not guarantee it and it probably will not be recognized by other states that do not have this.”

Follow the commands

According to Lt. Mike Mize, Federal Firearms Licensing background checks will continue for purchases made at gun shops. Licensing and training are still an option, but neither are required under HB 1927.

Mize said, “Our main concern is someone just purchasing a pistol and not knowing safety - tearing it down, pointing it, shooting it, what you would have learned during the LTC class.”

Mize advised when responding to an NPD stop, tell the officer there is a firearm in the vehicle, if you’re a licensed gun owner or not, and “follow the commands” for providing driver’s license and insurance cards, no fast moves or reaching for the firearm.

For safety’s sake, every stop is approached as a high risk stop, and officers have the authority to ask for a firearm.

Mize said, “If we deem it necessary for our safety, for their safety or others safety, we can disarm them, and continue the investigation. As soon as we’re done with the investigation and there’s no arrests, we give the firearm right back. If it leads to an arrest, the firearm has already been seized.”

DA hits specifics

District Attorney Andria Bender, the wife of a law enforcement officer, agreed with Sowell and Mize’s concerns about HB 1927 for officer safety reasons. Responding to an earlier question about the purpose of the bill, Bender referenced the bill’s preamble and stated purpose to protect citizen’s Second Amendment rights.

Referencing changes to Article 46.02 of the Texas Penal Code, Bender said convicted felons are prohibited from constitutional carry as are individuals convicted five years prior for:

•Assault family violence,

•Deadly conduct - recklessly engaging in conduct in a public place which puts another person in fear of severe bodily injury,

•Deadly conduct – discharging a firearm at a vehicle, habitation or building while being reckless whether it’s occupied by people,

•Terroristic threat,

•Disorderly conduct - specifically is discharging a firearm in a public place other than a public road or sport shooting range, and

•Disorderly conduct - displaying a firearm in a public place calculated to alarm another.

•Also prohibited are individuals on deferred adjudication for family violence assault.

According to Bender, ‘premises’ refers to real property and recreational vehicles which can be used as temporary or permanent living quarters. Examples were RVs, pop-up trailers and horse trailers with living quarters.

Bender said, “If you’re in your vehicle or going to your vehicle, that is one of the exceptions. If the handgun is in the motor vehicle, it can’t be visible unless it’s in a holster. If it’s not in a holster, it needs to be concealed.”

She continued, “Unless you’re at your house or in a parked car, you can’t be intoxicated carrying in public. You can’t be committing another crime.”

Some common locations where carrying is prohibited are schools, polling places, courts, racetracks, airports, medical facilities, sporting events, some bars, correctional facilities and amusement parks.

Bender reviewed the 30.05 sign requirements and exceptions for businesses prohibiting handguns on their premises and confirmed that HB 1927 does not change the Castle Doctrine and ability to defend yourself in your home.

Before closing, Bender clarified that a firearm can be carried in a pocket but to carry open in the public, it must be in a holster, and that an LTC could also aid as a defense to prosecution.

Enhanced penalties

Mize told The Examiner that while businesses have to post specific signage related to firearms, “No Trespassing” signs are sufficient for property own ers, saying “Trespassing with or without a firearm is illegal.”

Mize also confirmed a change to penalties:

•Third degree felony and possession of a firearm in public is now a second-degree felony with a minimum 5-year sentence.

•Class A misdemeanor for family violence and possession of a firearm in public is now a third-degree felony and a

•Class A misdemeanor for other domestic related orders while possessing a firearm in public is now a third-degree felony.

View the meeting in its entirety at www.facebook.com/james.harris123/videos/877070049582900.

For a list of reciprocity agreements with other states, go to www.dps.texas.gov/section/handgun-licensing/reciprocity-agreements-other....