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The final version of House Bill 1927 Legislation, was formally signed by the Governor of Texas, Greg Abbott, and is due to come into effect on the 1st of September, 2021. The controversial bill was drafted in order to protect Texas residents’ gun rights as some groups were concerned that recent gun safety bills which had been put forward by lawmakers in the past few years, infringed on Texans’ right to bear arms. To discover how the bill will be implemented in the years to come as well as how the bill handles the legal rights of local business owners to refuse individuals service, simply continue reading. The Purpose Of The Bill The primary purpose of the bill was to give Texans the legal right to carry a handgun in non-prohibited public places, without having a license to carry. Prior to the implementation of the bill, only individuals who carry permits were allowed to carry their handguns in public. Regardless of whether their handguns were concealed or unconcealed. However, if individuals choose not to conceal their handguns, they are required to keep their guns in holsters and would not be permitted to carry a gun in their hand, in public. It’s worth noting that to obtain a handgun permit prior to the implementation of house bill 1927, individuals would need to undergo at least four to six hours of gun training before passing a shooting proficiency test and a comprehensive written exam. As a direct result of the new bill, individuals who wish to carry a handgun, will no longer need to undergo gun training sessions or to pass practical or written exams. However, in order to ensure that individuals who were interested in gun training would have adequate training opportunities to increase their knowledge of gun usage and safety, the senate required that the bill be amended to stipulate that the Texas Department of Public Safety would need to offer a free online course on the topic of handgun safety. Age Restriction Under the new bill, only individuals aged 21 years or older are permitted to carry a handgun in public. Abbott’s Official Stance The Governor of Texas, Greg Abbott was outspoken about his views on the bill and was quoted as saying that Texas must be a Second Amendment sanctuary state. At the time key Republicans also backed Abbott’s stance and were firm on their belief that the federal government should not pass new gun control laws that would restrict Texans’ constitutional right to bear arms. Abbott however, wasn’t the only influential politician to lend his support to the bill. Texas Senate Floor Representative, Matt Schaefer campaigned for the bill’s success by claiming that it would allow law-abiding Texas citizens to carry a small handgun for self-defense. Schaefer gave the example of a woman carrying a handgun in a dark carpark, in order to protect herself as a reason why the second amendment should be upheld. Locations Where Firearms Are Prohibited Some of the key locations where individuals are prohibited from carrying handguns currently include schools, college campuses, courts, race tracks, hospitals, correctional facilities, nursing homes, and amusement parks. Firearms are also prohibited from high school, college, and professional sports events and bars. It’s worth noting that the state currently classifies any establishment which obtains 51% or more of its profit from the sale of alcoholic beverages as a bar. Lastly, civilians aren’t allowed to carry handguns past the security section of any airport in the state of Texas. Any individual who carries a handgun into prohibited locations and events will be subjected to harsh penalties. This is the state’s way of dissuading individuals from ignoring the stipulations of the bill. Private Businesses Right To Ban Handguns While under the new bill, individuals may now freely carry handguns in public without a permit, under the bill, all private businesses still have the right to refuse entry to individuals carrying handguns under Penal Code Chapter 30.05. However, businesses that opt to prohibit their customers from carrying firearms on their premises must place a clearly visible sign stating their rules, at the entrance to their premises. Such as a 30.06 sign or a 30.07 sign. If a business fails to put up visible signs about their gun regulations, any individuals who are caught carrying firearms onto their premises are unlikely to face fines and will be let off with a warning. As by law Texas businesses which wish to prohibit firearms, are responsible for ensuring that the proper signage is put in place. If a business does place adequate signage prohibiting firearms, any individual who is caught ignoring the signage may be hit with a Class C misdemeanor and a fine of $200. Furthermore, while a $200 fine and a misdemeanor are the maximum penalties that individuals will face if they agree to vacate the premises as soon as possible just in case of an individual refuses to leave the premises straight away, they are liable for more serious penalties. For this reason, individuals who carry a firearm into a business on accident should agree to pay a $200 fine and to leave as soon as possible, to avoid further trouble. Exceptions Not all individuals will be able to carry a visible or concealed gun in publicly permitted locations as a result of the bill. For instance, individuals who have been charged with specific misdemeanors in the past five years such as assault which has caused injury, and disorderly conduct with a firearm are explicitly prohibited from carrying a handgun in public. Such individuals are only permitted to carry a handgun in their home and car. In order to deter such individuals, who may pose a significant threat to the general public, from ignoring the restrictions imposed against them, any individual who is banned from carrying a handgun due to a recent demeanor will face serious penalties if they are caught by law enforcement. The final bill also featured an amendment to the original house bill from the senate that significantly increased the criminal penalties which can be handed out to family violence offenders and felons with previous convictions who illegally carry handguns in public. Notable Provisions The Right Of Law Enforcement To Disarm Individuals In Dangerous Situations While under the new bill, individuals have the right to carry handguns in public, the bill ensured to protect the rights of law enforcement officers to disarm potentially dangerous individuals. However, under the provision a law enforcement officer must only disarm an individual carrying a handgun in legal public areas if they believe that their own safety or the safety of others is at risk. Officers are not allowed to disarm an individual, due to their physical appearance. Individuals Can Not Be Detained Simply For Carrying A Handgun In A Public Area In order for a law enforcement officer to legally detain a suspicious individual, they must have sufficient evidence to detain the individual in question. Currently, an individual simply carrying a handgun in public, is not deemed a strong enough reason for a law enforcement officer to detain them. In fact, one iteration of the house bill actually went a step further and had an amendment clause that stated that law enforcement officers could not detain a person for simply carrying a firearm. This amendment was named the Dutton Amendment, while it was omitted from the final version of the bill, current case law still says that law enforcement officers are barred from detaining individuals simply for simply carrying a handgun. So, from a legal standpoint, there was no reason for the Dutton Amendment to be included in the final iteration of house bill 1927. Opposition To The Bill The bill was highly controversial and had to go through several amendments and while the Governor and most Texan Republicans openly backed the bill, there were a large number of prominent Democrats and state lawmakers who were openly critical of the bill. A group of Democrats and lawmakers from El Paso, which suffered horrific massacres in 2019, quickly denounced the bill which they believed could lead to future massacres in the state of Texas. A large proportion of the general public were also opposed to relaxing gun laws and in a poll which was jointly run by the University of Texas and the Texas Tribune, more than 50% of the survey’s respondents were opposed to the bill being passed. This shows that the State of Texas is still quite split when it comes to gun control laws. As there are proud gun owners who are passionate about their right to bear arms and to protect themselves and their family members as well as gun control lobbyists who believe that allowing a large number of individuals to bear arms, will result in a greater number of shootings each year. In Conclusion While the bill was met with plenty of opposition and had to go through many changes before it was accepted and signed by the Governor of Texas Gregg Abbott, the bill will become law from the 1st of September, 2021. As a result, law-abiding Texas citizens over the age of 21, will be legally permitted to carry a handgun for personal protection in public, without a gun permit. Contact The Medlin Law Firm The Medlin Law Firm - Dallas 2550 Pacific Ave #866 Dallas, TX 75226 (214) 888-4810 https://www.medlinfirm.com/locations/dallas/

**Over 70 Years Of Combined Criminal Defense And Immigration Law Experience** ** Board Certified in Criminal Law, Texas Board of Legal Specialization, since 1989** **Award Winning Immigration Law Firm** Our law firm in Dallas Texas is driven with one simple goal in mind and that is to deliver the best possible result on every case we represent. We know that for every criminal case that we pursue, there is a human being that is dependent on us for defending his or her rights, freedom, and future well-being. This type of understanding is the foundation of any successful attorney-client relationship. Everyone should be deserving of a lawyer that they feel comfortable working with. You need someone by your side, who knows and understands the sum and substance of the Texas criminal justice system, and who is familiar with the courts, judges, prosecutors, and clerks in the various jurisdictions of the state of Texas. We are committed 110% to be that firm for you! Selection of your criminal defense counsel should be a careful and thorough process. You need and deserve a highly experienced and devoted advocate that you can rely on to protect your rights and your future. Our team of defense lawyers at The Medlin Law Firm will always give you honest answers to your questions and will dedicate the time that is needed in order to properly outline your defense strategy and possible scenarios of resolution. When you hire our firm, we get to work right away on uncovering and investigating every single detail of your case and the charges you are facing. We know what it takes to build a strong defense on your behalf. Our philosophy in handling each and every new criminal case is to prepare for the worst, but expect the best from the get-go; therefore, we look to dismiss every case if possible, but won’t hesitate to escalate to trial if it serves your best interests. We prepare for each criminal case by planning multiple possibilities and courses of action, so that when your case unfolds, we are in an optimal position to choose the best and most beneficial resolution. Working with The Medlin Law firm means you are always informed and involved at every step of the process. In over 34 years of criminal law practice, Gary Medlin has handled criminal matters of every type and has successfully defended thousands of criminal cases in the state of Texas. His experience practicing on both sides of Texas state and federal criminal law cases offers a significant advantage to his clients. Before becoming a criminal defense attorney, Gary Medlin served as assistant district attorney for over 8 years, prosecuting criminal charges against those accused of breaking the law. Today, this experience gives him invaluable insight into how prosecutors prepare cases against the firm’s clients. He knows the prosecution’s priorities as well as their pressure points, and as a result, is much more resourceful and effective in the preparation and defense of his client’s cases. For the past several decades, Gary has been a highly regarded and trusted Texas criminal defense lawyer. He is Board Certified in Criminal Law as designated by the Texas Board of Legal Specialization, a distinction achieved by only 10% of criminal defense attorneys in the state of Texas. AREAS OF PRACTICE: • Criminal Law • Immigration Law CERTIFICATIONS/SPECIALTIES: • Board Certified in Criminal Law, Texas Board of Legal Specialization, since 1989 BAR ADMISSIONS: • United States Supreme Court • United States Court of Appeals for the Fifth Circuit • United States District Court, Northern District of Texas • Texas courts by the Supreme Court of the State of Texas PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS: • Tarrant County Bar Association • Tarrant County Criminal Defense Lawyers Association (Immediate Past President) • DUI Defense Lawyers Association (Founding Member) • Texas DWI Defense Lawyers Association (Founding Member) • State Bar of Texas • Texas Criminal Defense Lawyers Association • National Association of Criminal Defense Lawyers • National College for DUI Defense EDUCATION: • Texas Tech University, Bachelor of Science 1979 • Texas Tech University School of Law, Juris Doctorate 1982 • State Bar of Texas Licensed: 1983 CRIMINAL CASES WE HAVE EXTENSIVE EXPERIENCE IN REPRESENTING AT BOTH THE STATE & FEDERAL LEVELS: • DWI & DUI Offenses • Assault/Battery Charges • Domestic Violence • Murder/Manslaughter • Drug Crimes • Weapons Offenses • Violent Crimes • Theft/Burglary/Shoplifting • Arson • Bribery • White Collar Crimes • Conspiracy • Cyber Crimes • Embezzlement • Forgery • Sexual Offense Crimes • Trespass • Vandalism IMMIGRATION • Visa • Green Card • Citizenship • Deportation Services List • Criminal Defense - All Levels - All Case Types • Individualized DWI Defense & Hearing to Save Your License (ALR) • Extensive Experience in Jury Trails, Obtaining Dismissals, Reductions & More • Motions to Suppress, Occupational License to Cover Periods of Suspension • Obtaining Jury Acquittals at Every Level of Crime Including Capital Murder, Intoxication Manslaughter & DWI (Past Performance is No Guarantee of Future Results) • Immigration - Visa - Green Card - Citizenship - Deportation Amenities • Bonds Free for Clients • Frequent Speaker On DWI, ALR, and Other Criminal Law Matters • Admitted to the United States Supreme Court, U.S. Dist. Ct.-Northern Dist. TX., U.S. Ct. of Appeals-5th Circuit • Member, College of State Bar of Texas, National Association of Criminal Defense Lawyers • Former Tarrant County Assistant District Attorney The Medlin Law Firm - Dallas 2550 Pacific Ave #866 Dallas, TX 75226 (214) 888-4810 https://www.medlinfirm.com/locations/dallas/

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