Question on Texas Penal Code 46.15 (k) - Guns during a Disaster

[0xdeadbeef 1651]

Late last year Texas passed a law that allows anyone who can legally own a gun to carry (open or concealed) for 168 hours after a state or local disaster declaration.  The draft version of the bill only allowed for carrying during evacuation and reentry to an area, but the final passed version has another clause that allows anyone to carry for a week. 

The new part of the Texas penal code is:

 

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm    ( Note - Sec. 46.02. is the UNLAWFUL CARRYING WEAPONS section) 

Quote

(k) Section 46.02 does not apply to a person who carries a handgun if:
    (1) the person carries the handgun while:
       (A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or
       (B) reentering that area following the person's evacuation;
    (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and
    (3) the person is not prohibited by state or federal law from possessing a firearm.

 

An hour ago, the City of Austin, and Travis County just declared a state of disaster.  So most of Surly can get their rocks off and open carry.

My question is, and I believe the answer to be 'Yes', is:

Can anyone in Texas open carry right now? 

The text above in 46.15 (k)(2) doesn't limit it to people who live in the declared disaster area.  Any locally declared disaster in Texas seems to allow all all Texans to carry.

Of course those of us with LTC don't need the disaster declaration.

 

 

 

 

 

Edited March 7, 2020 by 0xdeadbeef

[deadshank 24653]

Yes.  It's ok to plug Bob Stoops. 

[TwiceHorn 31511]

The declaration of a state of disaster requires description of an "area threatened" by the disaster.

Presumably that is the "area" from which the person must be evacuating or returning to lawfully carry.

Also the declaration of disaster is by the governor.  Currently, there is one due to drought conditions: THEREFORE, in accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby declare a state of disaster in Atascosa, Bee, Burleson, Caidwell, Colorado, DeWitt, Dimmit, Frio, Gonzales, Guadalupe, Jackson, Jim Hogg, Karnes, La Salle, Lavaca, Live Oak, Maverick, Starr, Uvalde, Webb, Wharton, Wilson, Zapata, and Zavala counties based on the existence of such threat.

So if you are evacuating or returning to any of the aforementioned counties, you may lawfully carry for a week.

Edited March 7, 2020 by TwiceHorn

[0xdeadbeef 1651]

26 minutes ago, TwiceHorn said:

The declaration of a state of disaster requires description of an "area threatened" by the disaster.

Presumably that is the "area" from which the person must be evacuating or returning to lawfully carry.

Also the declaration of disaster is by the governor.  Currently, there is one due to drought conditions: THEREFORE, in accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby declare a state of disaster in Atascosa, Bee, Burleson, Caidwell, Colorado, DeWitt, Dimmit, Frio, Gonzales, Guadalupe, Jackson, Jim Hogg, Karnes, La Salle, Lavaca, Live Oak, Maverick, Starr, Uvalde, Webb, Wharton, Wilson, Zapata, and Zavala counties based on the existence of such threat.

So if you are evacuating or returning to any of the aforementioned counties, you may lawfully carry for a week.

46.15(k)(2) is not an 'and' clause to the evacuation requirement in (1).

https://www.kltv.com/2019/06/20/law-allows-texas-gun-owners-licensed-or-unlicensed-carry-firearms-after-disasters/ 

 

[TwiceHorn 31511]

Yes it is.

1) . . .; 

2) . . . ; and

3)   . . . .

Will almost always be read as requiring all three.  The "or" in 1) only applies to the a) and b).

The article references an apparent prior or superseded draft that only applied in mandatory evacuation zones as defined in Tex. Gov. Code 418.185.

Edited March 7, 2020 by TwiceHorn

[Jkwellborn 6713]

You could carry a long gun anyway.

[0xdeadbeef 1651]

1 hour ago, TwiceHorn said:

Yes it is.

1) . . .; 

2) . . . ; and

3)   . . . .

Will almost always be read as requiring all three.  The "or" in 1) only applies to the a) and b).

 

I see. That is a semicolon on the end of line 1. I guess that's different form a period by a matter of a few years in jail?

[TwiceHorn 31511]

26 minutes ago, 0xdeadbeef said:

I see. That is a semicolon on the end of line 1. I guess that's different form a period by a matter of a few years in jail?

Well, a year or less if you stay out of the bars and liquor stores.

[HRSchenker 2271]

Wouldn't "local state of disaster" mean I have to be local to the area? I'm in Dallas. Austin isn't local.

[TwiceHorn 31511]

1 hour ago, HRSchenker said:

Wouldn't "local state of disaster" mean I have to be local to the area? I'm in Dallas. Austin isn't local.

Shit I didn't scroll all the way over for that.  A "state of disaster" is declared by the governor.  A "local state of disaster" is declared by a political subdivision (municipality or county).  So, yeah a city/county disaster applies, too, with the area being the corresponding city, county or other political subdivision.

So carry away in Austin/Travis County, but be prepared to assert and prove that you are evacuating or returning to the disaster area.

[NeverMarryAStripper 21912]

You could carry a long gun anyway.

Some of us only have a short gun to go with our rifle

[Horn_Spanker 524]

I have a neighbor slowly losing his mind, convinced people are tunneling under his house steeling his copper pipes.

Anyway, the other day he was outside and I noticed his shirt had not covered his pistol tucked into his back waistband.  I know he does not have a concealed carry permit. (and he was not evacuating or returning)  What kind of violating was he committing, or was he?

[ztejas 43516]

25 minutes ago, Horn_Spanker said:

I have a neighbor slowly losing his mind, convinced people are tunneling under his house steeling his copper pipes.

Anyway, the other day he was outside and I noticed his shirt had not covered his pistol tucked into his back waistband.  I know he does not have a concealed carry permit. (and he was not evacuating or returning)  What kind of violating was he committing, or was he?

Draw on his crazy ass and see if he knows how to use it. 

[Neonmoon 38129]

1 hour ago, Horn_Spanker said:

I have a neighbor slowly losing his mind, convinced people are tunneling under his house steeling his copper pipes.

Anyway, the other day he was outside and I noticed his shirt had not covered his pistol tucked into his back waistband.  I know he does not have a concealed carry permit. (and he was not evacuating or returning)  What kind of violating was he committing, or was he?

How old is this man? Paranoid schizophrenia develops between the age of 18 to 30 

[Horn_Spanker 524]

He's 57, but I started noticing changes about two years ago.  I'm his only "friend" on the block, others gossip and call in violations on him (un-mowed lawn, etc.)

I try logic, like if your copper pipes are stolen, how do you still get water from the faucet?  When he tells me people are in his attic, stealing his rafters, I say, show me.  He lets me crawl around this attic, or course nothing is gone.  When he borrows a crowbar to tear out his deck because of the people under it, I respond with, let me look first.  Deck is 3" off the ground.  

I don't know how to help him?

[Gil Bang 25982]

"penal"

heh.

[Iceman 2721]

gun vs corona virus?

 

LOlz.  It's not a light saber...

[Jkwellborn 6713]

I have a neighbor slowly losing his mind, convinced people are tunneling under his house steeling his copper pipes.
Anyway, the other day he was outside and I noticed his shirt had not covered his pistol tucked into his back waistband.  I know he does not have a concealed carry permit. (and he was not evacuating or returning)  What kind of violating was he committing, or was he?

Is he on his own property? Because he can carry what he wants on his property and since you saw it, it wasn’t concealed. How do you know he doesn’t have a LTC?

[deadshank 24653]

1 hour ago, Horn_Spanker said:

He's 57, but I started noticing changes about two years ago.  I'm his only "friend" on the block, others gossip and call in violations on him (un-mowed lawn, etc.)

I try logic, like if your copper pipes are stolen, how do you still get water from the faucet?  When he tells me people are in his attic, stealing his rafters, I say, show me.  He lets me crawl around this attic, or course nothing is gone.  When he borrows a crowbar to tear out his deck because of the people under it, I respond with, let me look first.  Deck is 3" off the ground.  

I don't know how to help him?

He will kill you first.  

[TwiceHorn 31511]

45 minutes ago, Jkwellborn said:

Is he on his own property? Because he can carry what he wants on his property and since you saw it, it wasn’t concealed. How do you know he doesn’t have a LTC?

Yup.  UCW/handgun is a Class A misdemeanor if you stay out of the bars and liquor stores (3rd degree felony if you don't).  So up to 1 year in jail, and a $4000 fine.

[Horn of Gabriel 1648]

3 hours ago, Horn_Spanker said:

He's 57, but I started noticing changes about two years ago.  I'm his only "friend" on the block, others gossip and call in violations on him (un-mowed lawn, etc.)

I try logic, like if your copper pipes are stolen, how do you still get water from the faucet?  When he tells me people are in his attic, stealing his rafters, I say, show me.  He lets me crawl around this attic, or course nothing is gone.  When he borrows a crowbar to tear out his deck because of the people under it, I respond with, let me look first.  Deck is 3" off the ground.  

I don't know how to help him?

Let me get this straight: You've identified a guy who clearly has mental issues, and you're crawling around in his attic, alone, to somehow use logic to try to convince the crazy guy that he isn't crazy.

Do you have a death wish?

[Jkwellborn 6713]

Let me get this straight: You've identified a guy who clearly has mental issues, and you're crawling around in his attic, alone, to somehow use logic to try to convince the crazy guy that he isn't crazy.
Do you have a death wish?

He’s probably got an awesome stack of porn up there.

[davidg 4038]

Yup.  UCW/handgun is a Class A misdemeanor if you stay out of the bars and liquor stores (3rd degree felony if you don't).  So up to 1 year in jail, and a $4000 fine.

But if it is own property or has permission on the property he is on, he is good to go.

[luke duke 6413]

I don't know how to help him?

Just call the SWAT Team on him.

[Jkwellborn 6713]

Just call the SWAT Team on him.

They arent playing call of duty.

[Judge Roybeanbag 11819]

On 3/7/2020 at 2:48 PM, Horn_Spanker said:

 

I don't know how to help him?

Stop selling him meth!

[Al Czervik 1229]

On 3/7/2020 at 6:01 PM, Horn of Gabriel said:

Let me get this straight: You've identified a guy who clearly has mental issues, and you're crawling around in his attic, alone, to somehow use logic to try to convince the crazy guy that he isn't crazy.

Do you have a death wish?

You better learn to put the lotion in the basket unless you want the hose again, stay out of that guys house already.

Good for you to use reasoning, stay on your side of the fence.

[HRSchenker 2271]

Yay unlicensed carry is now legal in Dallas County for the next 7 days