relating to the recognition of a handgun license issued by another state.

Bill Text

  89R5686 JSC-F
 
  By: Isaac H.B. No. 1337
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the recognition of a handgun license issued by another
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.173(b), Government Code, is amended
  to read as follows:
         (b)  A valid license to carry a handgun issued by any other
  state is recognized in this state.  The governor shall negotiate [an
  agreement] with any other state an agreement that provides for the
  reciprocal recognition [issuance] of a license to carry a handgun
  if the other state requires such an agreement before recognizing a
  license to carry a handgun issued by this state [under which a
  license issued by the other state is recognized in this state or
  shall issue a proclamation that a license issued by the other state
  is recognized in this state if the attorney general of the State of
  Texas determines that a background check of each applicant for a
  license issued by that state is initiated by state or local
  authorities or an agent of the state or local authorities before the
  license is issued.  For purposes of this subsection, "background
  check" means a search of the National Crime Information Center
  database and the Interstate Identification Index maintained by the
  Federal Bureau of Investigation].  The department shall publish on
  its Internet website and annually update a list of states in which a
  license to carry a handgun issued by this state is recognized.
         SECTION 2.  Sections 411.173(c) and (d), Government Code,
  are repealed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2025.

Instructor Analysis

Overview

Bill aims to establish reciprocal recognition agreements between states for licenses to carry handguns. Amends Section 411.173(b) of the Government Code.

Key Provisions

  • A valid license to carry a handgun issued by any other state is recognized in Texas (Source: Government Code).
  • Previous provisions are repealed and negotiations for agreements with neighboring states are required.
  • The department must publish a list of states where Texas licenses are recognized.

Instructor’s Perspective

Promotes reciprocity and interstate recognition of handgun licenses. Helps reduce confusion and ensure consistency in laws across state lines. Reflects an instructor's confidence in the benefits for law-abiding citizens.

Constitutional Analysis

Overview

Protects the right to keep and bear arms under the Second Amendment. Aligns with principles of federalism and state sovereignty. Ensures that states can regulate firearms within their borders while respecting rights of individuals from other states.

Key Points

  • Second Amendment promotes the right to bear arms (Source: US Constitution).
  • Tenth Amendment reserves powers not delegated to the federal government or prohibited to the states by the Constitution to the states or the people.
  • Executive Powers allow for negotiations between states under the governor's authority.
  • Legislative Powers empower the legislature to make laws and regulations.

Conclusion

Bill is constitutional from both Texas and US perspectives, promoting individual rights while respecting federalism.

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