Before Trying Revise Texas’ Gun Laws, Lawmakers Should Read Them

AUSTIN, Texas -(Ammoland.com)- On Thursday, January 19, freshman Texas State Representative Gina Hinojosa (D-Austin) and Students Against Campus Carry President Ana Lopez gave a press conference in support of Rep. Hinojosa’s proposed legislation to ensure that license to carry (LTC) holders carrying handguns under the state’s new campus carry law may not do so while intoxicated.

This caused veteran Texas policy wonks to scratch their heads, due to the fact that carrying a concealed handgun while intoxicated has been illegal since Texas’ original concealed handgun licensing law took effect 21 years ago.

Texas Penal Code Section 46.035(d) states, “A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.”

A violation is punishable by one year in jail, a fine of up to $4,000 dollars, and a mandatory five- to seven-year revocation of the offender’s license to carry.

At a Jan. 11 meeting of the Texas Coalition to Reduce Gun Violence, Rep. Hinojosa stated that she wants to make sure the prohibition against carrying while intoxicated applies to all types of firearms.

Such a bill might make sense in light of the fact that Penal Code Section 46.035(d) applies only to handguns carried by LTC holders; however, why then did Rep. Hinojosa choose to pitch her proposed law in terms of campus carry, which also applies only to handguns carried by LTC holders?

Brian Bensimon, Texas legislative director for Students for Concealed Carry, commented, “Students for Concealed Carry supports efforts to prevent drinking and carrying; however, we’re not sure why Rep. Hinojosa is attempting to tie this effort to campus carry, given that carrying a concealed handgun while intoxicated is already a serious crime.”

Related:

• “A Refresher on the Case for Campus Carry in Texas”
• SCC’s Oct. 2, 2015 – Jan. 17, 2017, Texas press releases and op-eds
• SCC’s 2015 Texas legislative handout (includes Dec. 9 – May 22, 2015, press releases and op-eds)
• All SCC statements regarding the campus carry policies proposed by UT-Austin

About Students for Concealed Carry:

Students for Concealed Carry (SCC) is a national, non-partisan, grassroots organization comprising college students, faculty, staff, and concerned citizens who believe that holders of state-issued concealed handgun licenses should be allowed the same measure of personal protection on college campuses that current laws afford them virtually everywhere else. SCC is not affiliated with the NRA or any other organization. For more information on SCC, visit ConcealedCampus.org or Facebook.

For more information on the debate over campus carry in Texas, visit their website.

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