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Relating to the carrying of a firearm by a licensee in a motor vehicle.
No significant fiscal implication to the State is anticipated.
HB 3016 would dispense with a nonsensical loophole in the law which could result in the prosecution of a person who holds a license to carry a handgun if the licensee is in a vehicle and a holstered handgun is in view but not on the licensee's person. This bill would stipulate that it is an exception to the unlawful carry statute if the handgun is in view while "in a holster, and the handgun and the license holder were in a motor vehicle."
Texas Action recommends supporting HB 3016 because it promotes our principles of individual liberty, property rights, and limited government. This bill would help protect the 2nd Amendment rights of gun owners by allowing them to have their handgun in a holster that they are not wearing while driving a vehicle. Absent this legislation, a person licensed to carry a handgun may be prosecuted if their holstered weapon is visible in their vehicle and they are not wearing their holster. There are any number of reasons why a person may not want to wear their holstered weapon while driving, including for basic comfort reasons. This bill would prevent law abiding handgun licensees from being prosecuted for something that should not constitute an offense in the first place.
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