Several new Texas gun laws went into effect in September 2019. The laws were designed to ease gun restrictions, and all Sugar Land residents should be aware of the changes. Below is a rundown of the nine new gun laws.
- Defense to Trespass Laws
It is against Texas law to bring your concealed handgun onto a property where guns are prohibited, even if you have a license to carry. If you violate this law, you can be charged with trespass by a licensed holder with a concealed weapon.
A conviction is categorized as a Class C misdemeanor, punishable by a fine up to $200. But sometimes, signs can be overlooked, and you may not realize that you are entering a property where handguns are prohibited.
House Bill 121 gives licensed handgun carriers a defense if they promptly leave the property after being orally told by the owner that guns are not allowed on the premises. The new law works to stop gun owners from being punished for honest mistakes.
- Cannot Prohibit Guns in Apartments and Homes
Landlords, condo regimes, and property owners’ associations in Sugar Land can no longer prohibit or restrict tenants, owners, and guests from possessing, carrying, and storing lawful firearms and ammunition in apartments, condos, and homes under House Bill 302 and Senate Bill 741. This law covers restrictions on transporting guns from vehicles to apartments and homes.
- Firearms in School Parking Lots
It has always been legal in Sugar Land for individuals, including school employees, who have a license to carry to store firearms out of sight in locked vehicles. However, before Texas passed House Bill 1143, some schools put additional restrictions in place encroaching on this right. The new law prohibits school districts from enacting additional regulations relating to the storage of firearms and ammunition in school parking lots.
Absent special permission from the school district, handguns cannot be carried into school district buildings, vehicles, or on the grounds where a school district activity is taking place.
- No Limits of Number of School Marshals That Can Carry
House Bill 1387 abolished the cap on the number of school marshals that can carry guns on public school campuses. School marshals are local officials trained to act as armed peace officers in the absence of law enforcement. Before the passage of this law, one marshal was allowed per 200 students or one marshal per building. The change was prompted by the 2018 school shooting in Santa Fe, where eight students were killed.
- License to Carry Exception During Natural Disasters
House Bill 1177 allows unlicensed Texans to carry a handgun while evacuating or reentering a federal disaster zone for a week after the area was declared a state of disaster. It is an exception to the rule that it is illegal to carry a handgun without a license. Lawmakers wanted to ensure that Texans could take their firearms both for personal safety and avoid having to leave their guns behind in an unsecured location.
- Gun Law Changes regarding Weapons in Foster Homes
The new laws expanded gun rights for foster parents. Under House Bill 2363, foster parents can now possess and store lawfully permitted firearms and ammo in their homes. Proper storage must be followed, including keeping guns and ammunition together in the same locked location.
- Restrictions on Zoning Laws
Under House Bill 3231, Texas municipalities can no longer adopt zoning regulations that work to modify state law by restricting the sale or transfer of firearms and ammunition. The state attorney general can seek a temporary or permanent injunction against any municipality that violates this law.
- Civil Liability Protection for Businesses
Sugar Land businesses that chose not to prohibit handguns now have civil liability protections making them less vulnerable to lawsuits. Under Senate Bill 772, evidence that business did not prohibit handguns is inadmissible in civil lawsuits where an injury was sustained on the property.
- Weapons in Places of Worship
Senate Bill 535 allows Texas handgun license holders to carry firearms in churches and other places of religious worship unless there are posted signs prohibiting firearms. The legislation was passed in response to the 2017 mass shooting in Sutherland Springs, where 27 people were killed at a Baptist church.
Your Sugar Land Criminal Defense Attorney
Adam Capetillo is an experienced Sugar Land criminal defense attorney passionate about protecting the rights of his clients. If you were accused of a weapons offense or have questions about the recent gun law changes, we encourage you to call our office today at (346) 444-1299 to schedule a free consultation.