|Texas Law Shield, LLP Email Archives Homepage|
We at Texas Law Shield, LLP recognize the importance of information, especially as it relates to responsible gun ownership. As an ongoing service of Texas Law Shield, LLP Firearms Program, we periodically send out newsletters with updates on gun laws and other topics as may be suggested by our member-clients. The purpose of these newsletters is to educate our member-clients about important changes that may impact them and their right to own guns. We hope you enjoy reading our newsletters!
For additional information about our program please visit our website at www.texaslawshield.com
- Oklahoma: May A Texas CHL Holder Open Carry? - November 15 2012
- Oklahoma law has universal reciprocity, which means that every states' concealed carry license or permit is honored as long as the carrier acts in compliance with the Oklahoma Self-Defense Act. Oklahoma wanted to amend this act in a recent legislative session, and in the process of doing so enacted multiple amendments of the reciprocity provision. These multiple versions are so different and confusing, even the Oklahoma Bureau of Investigation is unsure as to which version applies.
- Forget How To Flip The Bird If You Carry A Firearm - November 5 2012
- Here at Texas Law Shield, we always want to pass along to our members the experiences we encounter across the Great State of Texas. In this newsletter, we would like to offer practical advice for the real world if you carry a firearm, in order to keep you out of the legal system. If you keep a firearm in your automobile, you should not allow yourself the luxury of losing your temper while driving. It is our experience that if you do, you are putting yourself at a significant risk of arrest even if you have done nothing illegal.
- New Law Alert: Hunting with Silencers - August 28 2012
- You may have heard the rumors, speculation, and talk show chatter that Texas has legalized hunting with silencers. Guess what, it is TRUE. On September 1, 2012, it will become legal in Texas to hunt alligators, game animals, and game birds with a silencer or sound suppressed firearm. Prior to this date, the Texas Department of Parks & Wildlife had prohibited hunting alligators, game animals and game birds with a suppressed or silenced firearm, as well as a fully automatic firearm. While the prohibition against hunting with a suppressor has been removed, it continues to be illegal to hunt with a fully automatic firearm.
- Tribal Law and Your Firearms- July 27 2012
- We have received a significant number of inquiries from our members about how their Second Amendment rights are impacted when they travel through or visit "Indian lands." These questions largely revolve around three general issues:
- Castle Doctrine - July 02 2012
- Catchy terms like "Stand Your Ground" and the "Castle Doctrine" have become common topics of dinner table discussions in recent months. With the media frenzy over the Trayvon Martin case, a nationwide debate over "Stand Your Ground" laws has surfaced. The media acts very authoritative when they glibly throw around the terms "Stand Your Ground" and "Castle Doctrine." However, these are not legal terms or standards when it comes to Texas law. You will not find the words "stand your ground" or "castle" anywhere in the Texas Penal Code. So what do these terms mean? In this newsletter, we are going to explain Texas' laws that are loosely called the Castle Doctrine and Stand Your Ground
- Family Law - May 30 2012
- This month we are pleased to have a guest author and attorney for our newsletter on the subject of family law and firearms. Renowned and respected family law attorney Kimberly D. Levi has spent almost twenty years in the rough and tumble world of Texas family law, and is keenly aware of how state and federal law can adversely affect the gun rights of good, law abiding Texas citizens. Ms. Levi has put together a great, informative newsletter exclusively for our members which we are proud to present to you. We hope you find the article informative and thought provoking.
- Update on News Alert - New Mexico Reciprocity May 01 2012
- In response to several inquiries, the New Mexico Department of Public Safety has once again revised its stance on the recognition of Texas CHLs. As of May 1, 2012, New Mexico once again recognizes a Texas CHL.
- News Alert - New Mexico Reciprocity
- We strive to keep our clients updated with the most recent information concerning changes in firearms law. Recently we were able to pass along some good news to our clients that West Virginia and Texas had finalized a CHL reciprocity agreement. Unfortunately, today's news is not so good. As of April 27, 2012, the New Mexico Department of Public Safety has now decided that the requirements for a Texas CHL are not substantially similar to those of New Mexico, so as to support reciprocity with Texas. Therefore, a Texas CHL is no longer recognized in New Mexico. We have spoken to the concealed carry division of the NMDPS and were informed that this determination is subject to being changed upon further review. However, the NMDPS website currently states that Texas CHLs are not recognized.
- The Texas Grand Jury System April 25 2012
- In many of our newsletters we have mentioned an entity which is fundamental to the Texas criminal justice system called the "Grand Jury". We often tell people that if they are involved in an incident with their firearm that their case will likely go before a grand jury. However, we realize that while many people have knowledge of the existence of a grand jury, many of our good citizens do not know exactly what a grand jury is, what its functions are, and why it is so important to anyone involved in the criminal justice system. We will attempt to shed some light on these questions.
- Take Me Home Country Roads April 9 2012
- Great news fellow Texas Concealed Handgun License holders, Texas and West Virginia recently completed a long negotiation which resulted in a finalized reciprocity agreement for CHLs. This means that effective immediately, a Texas Concealed Handgun License holder will have all of the privileges and benefits of their concealed carry rights in the state of West Virginia. With the recognition of Texas CHLs by Wisconsin in November 2011, and now by having a full reciprocity agreement with West Virginia, a Texas CHL is now valid and effective in 34 of our sister states.
- Texas Gun Owners Traveling In Florida - March 08 2012
- In this edition, we will be diving into Florida weapons law with helpful information if you are traveling to Florida with a gun.
- New Mexico: Land of Outlaws and UFOs - October 22 2011
- New Mexico has a long and famous history that includes Francisco Coronado, Billy the Kid, and Pancho Villa. It is also home to scenic byways, dormant volcanoes, caves, Native American Tribes, UFOs and open carry of firearms. Let's get our kicks on Route 66 by exploring New Mexico's firearm laws.
- Update - Hospitals, Churches, Schools, & Employer Parking Lots - January 16 2012
- We want to start off the new year with a reminder about the law and firearms with regard to hospitals, churches, nursing homes, schools and employer parking lots. We have written on this topic before, but because this subject generates so many questions from our clients, we decided to revisit and update the issue. This newsletter will also address the impact of SB 321 (the employer parking lot bill) four months after it went into effect.
- Christmas Poem - December 21 2011
- As we enjoy this holiday season, we are reminded of how precious our lives and the lives of our family are and that in an instant, all can be taken away. Please remember to stay vigilant in this time of joy and not let your guard down. We at Walker, Rice & Wisdom, P.C. wish you a long, happy and prosperous life and look forward to our continued representation of all our clients in the coming new year.
- Legal Risk of Modifying Your Trigger - December 14 2011
- One of the things that most of these firearms have in common is that each came from the manufacturer with a trigger pull weight that was decided by someone other than the ultimate user. This trigger pull may be a crisp four pound pull, like a walk on a spring morning, or the trigger pull may be an all day long "I need a coffee break" creeping, twelve pound trigger pull. Either way, you may not like it, or it may not fit your personal plan for self-defense. So, if Santa brought you a firearm for being a good boy or girl, what are the legal ramifications of modifying the trigger pull weight of your firearm?
- Silence Is Golden - November 14 2011
- In this newsletter, we are going to rejoice in "silence" and right to remain the same. Why do you invoke the right to remain silent? Why invoke your right not to be questioned without your lawyer present? In a nutshell, the answer to this question is: What you say and do is evidence, what your attorney says is not.
- Do I Really Have To Let The Dog Bite Me? - October 13 2011
- You have your gun to protect yourself, your loved ones and your property from murderers, rapists, car jackers, and home invaders. You became a client-member of Walker, Rice & Wisdom, P.C.'s Texas Law Shield Firearms Legal Defense Program to protect yourself from all the legal problems that you could face if you did shoot one of these animals. However, what if you used your gun to ward off an attacking four-legged animal?
- Texas Gun Owners Traveling In Arkansas - September 15 2011
- Arkansas has plenty to offer a Texan looking for adventure. With Civil War sites, state parks, caves and caverns, and scenic drives perfect for motorcycle trips, Arkansas is a great destination. In this edition, we'll discuss Arkansas' firearm laws to ensure that you are legally carrying while in the state.
- Arrest: Always have a plan - September 9 2011
- If you carry a gun, you should have a plan in case you are arrested! I know this sounds alarmist and extreme and many of you may be thinking, "why do I need to do that, I never break the law", "I have never been in trouble with the police" or "I don't need a plan to be arrested; that may be fine for criminals, but it will never happen to me
- Texas Gun Owners Traveling In Oklahoma - August 15 2011
- In this issue we will discuss the laws of a state that many of you will travel to Sooner or later, Oklahoma.
- Texas Gun Owners Traveling In Louisiana - July 15 2011
- We here at the law firm of Walker, Rice & Wisdom, P.C., love the Great State of Texas. However, like most people, we too travel beyond our borders from time to time to spread Texas hospitality and "can do" spirit. Therefore, our Firm is putting together a series of articles on basic firearms law that, at a minimum, you may want to know when traveling to our sister states. These articles are not designed as an exhaustive legal treatise on the law of each state (or legal advice about your particular circumstances) but rather as an overview of each state's firearms laws to aid you when you may be traveling. With that advice, let's jump in. This article will talk about the land of jazz, Mardi Gras and some of the best food on the planet: Louisiana.
- Legislative Update - June 20 2011
- As promised, here is a quick note to let you know that Governor Perry has signed into law the bills passed by the Texas Legislature at the end of its 2011 regularly scheduled session, which have been discussed in our previous newsletters.
- Issues Of Concealment: Printing & Flashing - June 15 2011 (Revised)
- Prior to receiving your CHL, you were given some instruction on the proper handling of your weapon when it comes to loading, pointing and shooting. But what about carrying your pistol so that no one can see it? After all, it is a concealed handgun license. Texas does not have a statute which allows the open carry of a handgun and for a CHL holder, it is an offense to carry a handgun in a manner where it is not concealed.
- Legislative Update - June 4 2011
- The Texas Legislature has wrapped up its 2011 regularly scheduled session and is currently involved in a special session called by Governor Perry. Since the Texas Legislature has concluded its regular work, we are providing you with a summary of laws affecting your rights as firearms carriers, which have been passed and sent to Governor Perry. While he has not as of the time of this newsletter signed these bills into law, we expect that he will sign them or let them go into effect without his signature.
- National Firearms Act-1 - May 15 2011
- You have probably heard that the private ownership of machine guns, suppressors, and "sawed-off" rifles and shotguns is against the law. Guess what, IT IS! Texas Penal Code §46.05 calls these "prohibited weapons". Possession, manufacture, transportation, sale and repair of these weapons is a third degree felony punishable by up to ten years in the Texas Department of Corrections. A person possessing these weapons is also committing a federal felony which means prosecution in the federal courts and a sentence in the federal penitentiary. However, there is an exception to this prohibition. This exception provides that possession of these weapons is legal if the individual has complied with registering the weapon and paying the tax in accordance with the National Firearms Act ("N.F.A.").
- When is a gun not a firearm? - April 15 2011
- Collecting firearms and performing in historical or educational productions have become very popular in the last few decades. Many people have asked us about the potential criminal liability for possessing and carrying the weapons used in such activities. The current criminal law regarding the possession of weapons (of all kinds including firearms) is found in Chapter 46 of the Texas Penal Code.
- Legislative Update - March 25 2011
- In this current session there have been several bills introduced which will effect the gun rights of our members-clients. Even though the 82nd Texas Legislature is not over until May, we at Walker, Rice & Wisdom, P.C., wanted to send our member-clients a quick note to update them on some pending bills which are important. Remember, none of these bills have become law yet!
- Animals Attack: Can you shoot a rampaging elephant in Texas?
- When we give talks to CHL and firearms classes across the state of Texas, many students conjure up similar hypotheticals and ask "can you shoot an animal in self defense?" The answer, from a legal perspective, is more complicated than you would think .
- Client Updates: Utah CHL / Facebook - March 1 2011
- Changes are coming to Utah law. Many of our clients hold Utah concealed firearms permits and carry in Texas under reciprocity. This is perfectly legal under current law. While Texas has not adopted any changes to its licensing requirements or to its reciprocity regulations, Utah is adopting changes to its residency requirement for new licenses and renewals.
- Intoxication & Your CHL - Feb 15 2011
- What is Texas law on possession of your concealed carry gun and intoxication? This edition of our newsletter concerns the law on drinking and having your concealed carry hand gun on your person.
- National Parks - Jan 12 2011
- Can I carry or take my concealed hand gun into a National Park? This edition of our newsletter concerns the law on the carrying of your hand gun in National Parks and other lands which are owned or controlled by the Federal Government.
- Hospitals & Schools - Dec 21 2010
- This edition of our newsletter concerns the law on a CHL holder's ability to carry a concealed hand gun in a hospital, nursing home, amusement park, church, or governmental meeting.
- What To Do After Bang - Sep 24 2010
- Do you know what to do after bang? This edition of our newsletter reminds our clients-members and friends what to do if this unfortunate situation should ever happen to them.
- Miranda Warning Update - June 29 2010
- Changes to Miranda Rights. In this edition, we examine changes to your Miranda Rights. Love the change, or, hate the change, the U.S. Supreme Court is now saying it is the law of the land and these changes will effect you if you use your gun.
Texas Law Shield, LLP
1020 Bay Area Blvd. Suite 220
Houston, Texas 77058