This bill was posted at the last minute in order to screw gun owners. It is up for a hearing Wednesday, 3/17/2021.
Bill Text here
NELIS page here
Sandra Jauregui proposed another one of her “kitchen sink” gun control bills, this one to basically make it illegal to carry a gun on any business private property if signs are posted. This one is a dumpster fire. We have to wonder if she has some group of gun control lawyers whispering in her ear or if this is her own idea.
This bill could ban guns nearly everywhere that isn’t either public property or an owned home. Unless you have written consent to carry a firearm from the owner or operator of a “covered premises,” you can’t carry there, even if you have CCW permit. “Covered premises” would apply to nearly all types of businesses.
Potentially, it would be illegal to carry a gun at the grocery store or drug store just because they have slot machines. Gas station with slots? Illegal. It would require signs, but if a business does post the signs, lots of people would be screwed.
Gun free places are:
This all applies up to the property line.
"'Public accommodation facility' means a hotel and casino, resort, hotel, condominium hotel, motel, hostel, bed and breakfast facility or other facility offering rooms or areas to the public for monetary compensation or other financial consideration on an hourly, daily or weekly basis."
The real meat regarding hotels is to exempt people who buy guns at “trade shows,” i.e. SHOT Show. Jauregui got shut down last time over NSSF threatening to pull SHOT Show out if a preemption repeal passed and it appears she thought she learned her lesson to exempt this (she learned nothing). Basically, to not break the law the gun has to be in a checked bag and you have to notify the hotel at check in, who then is allowed to use their rules to handle the gun. So if a casino wants to force you to check the gun into the security armory, you have to.
This is the real heart of the bill: I imagine she’s counting on all the other, blatantly unconstitutional crap to be pulled out, but the hotel stuff is to please the casinos or something. If just that part went into effect, you couldn’t carry on casino (hotel/resort; whatever) property unless you’re willing to check your gun in for your stay. I’d imagine that this would eventually work out to: check your gun in when you check in, pick your gun up when you leave. No taking your gun out when you wanted to leave the property.
"'Shopping mall' includes any area or premises where multiple vendors assemble for the primary purpose of selling goods."
Not just your big, enclosed indoor mall, but any strip map. Sure, the owners of the businesses inside might be cool, but if the owner of the property wants to slap a "no guns" sign at the driveway you're screwed.
We’ve already mentioned that “licensed gaming establishment” means any place with slots; grocery stores, gas stations, drug stores, etc.
Signs must be posted at "a conspicuous place" or at hotel check-in. Signs have to have specific language stating "Firearms are prohibited on this property unless the person wishing to possess the firearm has obtained the written consent of the owner or operator of this property or an agent thereof.”
"Conspicuous place" isn't defined. 1 inch letters are very small too. These signs would probably be missed by all sorts of people. Texas was damn specific about its 30-06 and 30-07 signs specifically to avoid issues with people missing the signs and unintentionally breaking the law.
Gun free zones are a terrible, stupid idea and the whole intent behind this bill is simply to disarm you. No business who does not take responsibility for the safety of its customers should be disarming people.
This is obviously unconstitutional as it violates the state right to bear arms. It’s also overbroad. A strip mall owner can remove the rights of his tenants and his tenants’ customers to carry firearms just because the owner throws up a sign? What’s wrong with the existing trespassing law here?
Would Ban 80% Receivers
The rest of the bill deals with “unfinished frames or receivers,” i.e. 80% receivers, and would basically ban 80% receivers by requiring them to be serialized by a firearms importer or manufacturer. It would also retroactively ban your existing homemade firearms that don’t have a serial number issued by an ATF licensed company. This would affect your gun or lower receiver shaped piece of plastic or metal because some of the companies selling them aren’t usually licensed gun manufacturers because 80% receives aren’t guns. So this bill is partially an ex post facto law (unconstitutional) that would make your Polymer 80 pistol without a serial number illegal to possess.
Once again, as is their procedure, the Democrats who run the Legislature put this bill forward at the deadline to propose new bills and immediately scheduled it for hearing less than two days later (3/17). They are trying to ram this through without opposition.
GET INVOLVED NOW!
Comment on the bill (opposed, AB 286)
Attend the virtual hearings and testify
Email and call your legislators; hell, call all of them. Click this link for links to contact info and emails at the top of the page.
Clayton E. Cramer
Gun Free Zone
The War on Guns
The View From Out West