Texas bill SB706 is on the way to Governor Abbott. He is expected to sign the bill into law. The bill simplifies the way the State of Texas recognizes handgun carry permits from other states. SB706 makes a simple statement:
“A valid license to carry a handgun issued by any other state is recognized in this state.”
The previous subparagraph (b) of § 411.173 was not quite as clear. Old law § 411.173(b):
(b) The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of the State of Texas determines that a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued. For purposes of this subsection, “background check” means a search of the National Crime Information Center database and the Interstate Identification Index maintained by the Federal Bureau of Investigation.
In addition, there were complications, such as other states’ issuance of permits to citizens between 18 and 21 years old. Texas generally did not recognize many of those permits.
Texas SB706 replaces the old § 411.173(b). Here is the changed language of what the new law is expected to be. It is a bit more than a single sentence:
A valid license to carry a handgun issued by any other state is recognized in this state. The governor shall negotiate with any other state an agreement that provides for the reciprocal recognition of a license to carry a handgun if the other state requires such an agreement before recognizing a license to carry a handgun issued by this state. The department shall publish on its Internet website and annually update a list of states in which a license to carry a handgun issued by this state is recognized.
Texas already has permitless carry, but the legislation only applies to people 21 years of age or older. A federal court case changed that. Texas now accepts applications for concealed carry permits from 18 to 20-year-olds.
SB706 brings Texas law into conformity with the court case recognizing the right of 18-20 year old people to bear arms. The legislation did not receive two thirds of the votes in both houses of the legislature. If it had, it would go into effect when Governor Abbot signs the bill into law. Because the bill did not receive two thirds of the votes, the bill, once signed, will go into effect on September 1, 2025.
The practical effect of SB706, when signed by Governor Greg Abbott, simplifies Texas statutes, making it easier for ordinary citizens, judges, and peace officers to determine if other states’ permits are valid in Texas. It brings Texas law closer to conformity with the growing body of law recognizing that young adults, who are 18-20 years old, are included in “the people” whose exercise of rights is protected by the Second Amendment.
The Supreme Court has refused to hear a Minnesota case that held that the state must issue carry permits to 18 to 20-year-olds on the same basis it issues permits to older people. The NRA is appealing an Eleventh Circuit decision that upheld a Florida law which forbids the sale of firearms to people under the age of 21.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
