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

Bill Text

  89R5686 JSC-F
 
  By: Schwertner S.B. No. 706
 
 
 
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  are repealed.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

Introduction

Recognizing handgun licenses from other states is crucial for maintaining public safety and upholding individual rights.

Key Considerations

Public Safety

Ensuring proper training and background checks is vital to maintain high standards for public safety. Balancing individual rights with public safety concerns requires careful consideration.

Consistency in Standards

Aligning with other states' licensing processes promotes uniformity in training requirements across jurisdictions. This encourages instructors to adhere to national standards, ensuring consistency and reliability.

Second Amendment Rights

Upholding the right to bear arms as guaranteed by the Second Amendment is essential for responsible gun ownership and self-defense. Respecting individual rights while maintaining public safety is a delicate balance that requires careful consideration.

Training Requirements

Ensuring comprehensive and rigorous training for all license holders is crucial for public safety. Advocating for high-quality instructor-led programs promotes continuous education and certification, ensuring that license holders are well-prepared to handle firearms safely and responsibly.

Ease of Transition and Mobility

Simplifying the process for Texans who hold valid licenses from other states enhances mobility and flexibility in carrying concealed weapons. This promotes a seamless transition between jurisdictions, reducing confusion and inconvenience for law-abiding citizens.

Constitutional Analysis

Introduction

Understanding the constitutional implications of SB 706 is essential to ensure that it aligns with federal and state constitutions.

U.S. Constitution

Ensuring compliance with the Second Amendment requires careful consideration of the due process and equal protection clauses.

Texas Constitution

Aligning with Texas's preemption laws ensures consistency with the state's concealed carry program standards, while maintaining public safety and respecting individual rights.

Texan Analysis

Introduction

Texas values emphasize self-reliance and individual liberty, which is reflected in the recognition of out-of-state handgun licenses. This approach balances respect for other states' processes with Texas standards, ensuring that public safety is maintained while accommodating law-abiding citizens.

Self-Reliance and Individual Liberty

Emphasizing the importance of self-reliance and individual rights is crucial for maintaining a healthy and secure society. Recognizing out-of-state handgun licenses promotes trust in the licensing process and supports responsible gun ownership.

Public Safety Standards

Maintaining rigorous background checks and training requirements ensures that all recognized licenses meet high safety standards, protecting public safety while accommodating out-of-state license holders.

Consistency in Licenses

Respecting the efforts of other states in issuing valid licenses encourages reciprocity without compromising Texas's stringent requirements. This approach avoids dilution of standards, ensuring integrity and consistency in licensing processes.

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