Firearm Laws for Businesses & Their Customers ― Texas Infringements

Texas has a one of the most positive “pro-gun” reputations among the states. With this reputation, one would expect that Texas’s gun laws would be minimal and, as many believe, “pretty much anything goes.” This is not the case. Like most states, Texas has a long history of repressive firearm laws, particularly with regard to carrying firearms off a person’s own property. The first Texas concealed carry bill was passed in 1995. While significant inroads have been made in Texas’s gun laws since that time, the struggle to overcome prohibitive laws passed almost 150 years ago has proved to be a slow process. While these rights are sometimes reluctantly restored, the legislative process involves the giving with one hand while taking away with the other. As prohibitions are removed, those new laws add multiple conditions and qualifications which are a long way from withstanding the standard that a “law cannot be passed to infringe upon or impair [the right to bear arms], because it is above the law, and independent of the law-making power.” The most obvious example is the restoration of the right to carry a handgun and the limitations or infringements that came with that restoration, including the need for a license to carry, restrictions on who can carry, statutory restrictions on the places where handguns can be carried, and provisions allowing entities to create their own “gun-free” zones. Until the time when the phrase “shall not be infringed” is interpreted as it is stated in the United States Constitution, firearm owners, firearm businesses, and other businesses will continue to struggle with determining and complying with the continued onslaught of federal and state restrictions. To help in this endeavor, this volume serves as a valuable resource for determining what the firearm laws are in Texas. It pulls together the statutes, administrative rules, and agency guidelines to help understand the complexity of the firearm laws and explains what is required to comply with them. Because of its organization and extensive table of contents, it serves as a quick reference and procedural guide. It also points out some of the problems with the firearm laws in Texas and those needing correction or elimination. Both Volumes 1 and 2 are indispensable for Texas firearm businesses. Volume 1 explains the Gun Control Act, the National Firearm Act, and the International Traffic in Arms Regulations. Volume 2 addresses the Texas laws for establishing a firearms business and the related requirements and protections. It also explains the Texas laws for shooting ranges, firearm instructors, law enforcement, private security, schools, and non-firearm businesses obligations regarding allowing or disallowing firearms on their property. For firearm owners not in the firearms business, Volume 2 addresses the basics of federal and Texas firearm laws regarding what is being regulated; explanations as to those who are not allowed to posses firearms; locations where firearms are prohibited; firearm laws related to hunting and target shooting; laws regarding personal firearm transfers; laws involving firearm crimes, seizures, and self defense; and the extensive requirements, restrictions, and obligations related to licenses to carry and the School Marshal Program.

Gary is licensed to practice law in Texas and California and has also been admitted to practice before the Supreme Court of the United States, the U.S. Court of Appeals for the Ninth Circuit, and the Northern and the Eastern Districts of California. He is also a member of the National Shooting Sports Foundation, the National Rifle Association, the Second Amendment Foundation, the Texas State Rifle Association, and the U.S. Concealed Carry Association. Gary began his professional career in 1985 after obtaining a BBA in accounting. He immediately passed the national exam and worked as a CPA for several years. During that time he gained asolid understanding of the financial and management issues facing businesses, as well as their tax and regulatory burdens. He earned his law degree from J. Reuben Clark Law School at Brigham Young University in 1991 and began practicing law in California and later in Texas. During his more than 25 years of practicing law, he has represented businesses and individuals in a wide range of legal areas, including tax and regulatory issues, criminal and civil litigation, estate and business planning, and pursuing appeals in state and federal courts.