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Posted: 8/5/2005 1:26:21 PM EDT
Gun Law Update for 2005 for
Texas, Arizona, Virginia

by Alan Korwin

1. Thirteen New Gun Laws in Texas for 2005
2. Arizona Gets Four-and-a-Half New Gun Laws (Stun Guns)
3. Virginia Activists Advance Good Laws

1. Thirteen New Gun Laws in Texas for 2005
1. Thirteen New Gun Laws in Texas for 2005

These laws go into effect on Sept. 1, 2005,
except SB 734, which went into effect immediately.

Great help provided here, as always, from the good folks
at Texas State Rifle Association. I encourage you to
support this great resource. tsra.com.

The juicy details and law cites are on my website,
click "Position Papers and Updates" at gunlaws.com.

HB 225:
CHL good for five years instead of four, non-residents welcome to apply.

HB 322:
Half-price sale for CHLs for the military, and eligible at age 18 not 21.

HB 505:
Shooting across property lines generally banned.

HB 506:
Hunting on submerged land re-defined

HB 685:
No CHL shooting test for qualified military personnel

The Big One --
HB 823:
"Traveling" is defined at last, almost, after more than 125 years

It's pretty complicated -- Texans need to understand
this new law, it affects everyone. Full details on my site --
http://www.gunlaws/com/tgogup3.htm
The NRA says it: "legalizes the carrying of concealed
handguns in private vehicles without a CHL."

Brief background: Since 1871, carrying a handgun in Texas, despite the Hollywood version of history, has been nearly totally banned for the public (long guns are unaffected by all this). A person who is "traveling" with a handgun is one of the very limited exemptions under the law. However, under this arrangement, mere possession of a handgun was presumed to be guilt of illegal carry, and it was up to you to prove your innocence after arrest, by proving you were traveling. "Traveling" was not defined, until now. If your ISP filters out links (turns out a lot of them do!), go to gunlaws.com and use the yellow Updates button.

HB 1038:
Half-price sale for CHL renewals for seniors (people over 60)

HB 1483:
Pay your CHL tax now with cash, personal check or credit card

HB 1831:
"Convicted" does not include some deferred adjudications

HB 2027:
New shooting limits on rivers and streams in nine counties

HB 2110:
Officials exempt themselves from carry bans

SB 578:
Officials exempt themselves from carry bans

SB 734:
Shooting on agricultural land, and limits on city power to regulate shooting

2. Arizona Gets Four-and-a-Half New Gun Laws
2. Arizona Gets Four-and-a-Half New Gun Laws


Is a stun-gun law a gun law? I'll give that a half yes, and bet this new one is quickly used as a model in other states. Taser, which prompted this new law, is based in Scottsdale, AZ, my home town.

HB 2713:
Prison sentences can be increased if:

"The defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense. For the purposes of this paragraph:

(a) "authorized remote stun gun" means a remote stun gun that has all of the following:

(i) an electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.

(ii) a serial or identification number on all projectiles that are discharged from the remote stun gun.

(iii) an identification and tracking system that, on deployment of remote electrodes, disperses coded material that is traceable to the purchaser through records that are kept by the manufacturer on all remote stun guns and all individual cartridges sold.

(iv) a training program that is offered by the manufacturer.

(b) "remote stun gun" means an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes that are attached to the device or through a spark, plasma, ionization or other conductive means emitting from the device."

Note: Many other aspects to this law, details on our site.

HB 2325:
1. Extends the life of all newly issued CCW permits from four to five years.
2. Reduces the training requirement for a CCW permit from 16 to 8 hours.
3. Reduces the renewal training requirement from 4 to 2 hours.
4. Allows you to show your permit in court and avoid a class 2 misdemeanor for not carrying it with you while armed.
5. Requires fingerprint cards with the original application and the first renewal only
6. Creates special arrangements for members of the U.S. Armed Forces, the Arizona National Guard or the military reserves, while they are on active federal duty, and extends their expiration dates

HB 2450:
Allows off duty and retired police to carry concealed nationwide, under a new federal law. See 18 USC §§926A and 929B for the federal law, on page 192 of our new tenth anniversary edition of Gun Laws of America.

SB 1269:
Exempts active duty county detention officers who have been weapons certified by their employing agency, to avoid taking the required training to get a CCW permit.

THE NEW HIGH SCHOOL MARKSMANSHIP PROGRAM
SB 1271:

Creates ARS § 15-714.01, The Arizona Gun Safety Program. This is an elective class that can be offered at any school district or charter school in the state, the first program of its kind in the nation. Students must safely discharge a firearm at a target to complete the course and earn one credit toward their high school diplomas. The curriculum is to be jointly developed by The Arizona Game and Fish Commission, The Dept. of Public Safety and private firearms organizations, and may include materials from private youth groups. Instructors are certified by the AZ Game and Fish Dept. School districts and charter schools must arrange for use of shooting ranges by pupils in the program, at any established ranges. Pupils who satisfactorily complete the course get a certificate of accomplishment. At a minimum, the program must include:

1. Instruction on the rules of gun safety.
2. Instruction on the basic operation of firearms.
3. Instruction on the history of firearms and marksmanship.
4. Instruction on the role of firearms in preserving peace and freedom.
5. Instruction on the constitutional roots of the right to keep and bear arms.
6. Instruction on the use of clay targets.
7. Practice time at a shooting range.
8. Demonstration of competence with a firearm.

3. Virginia Activists Advance Good Laws
3. Virginia Activists Advance Good Laws

Grassroots are on fire with the Virginia Citizens Defense League. Join them and support the work they do, at vcdl.org. This information is provided by them, shortened here for easy reference (further detail is on our website).

HB 2535:
Allows a person with a concealed handgun permit to have a concealed, loaded, handgun in the vehicle in a school parking lot, traffic circle, etc. It also clarifies that firearms cannot be banned from property where a school function is being held UNLESS the property is being used EXCLUSIVELY for that school function. There's more to it than this synopsis, Virginians should be sure to read the details online.

HB 1915:
Corrects a terribly worded law that seemed to (but did not) ban most loaded firearms in places with a population over 160,000. This bad law lead to many false charges, it's now cleaned up, and protections have been added for permit holders and ranges. The restrictive limits on narrowly defined assault weapons remain in place.

HB 1917:
This bill says that just because you are in an area where you COULD be hunting on a Sunday and possess a weapon, you shall NOT be presumed to be hunting. YES! Delegate Cole has a firm grip on that "freedom" thing. It should ALWAYS be up to the state to PROVE that you have violated the law -- in this case by actually hunting. Sure, the police might have to work harder, but that is their job. Freedom and presumed innocence must be protected.

HB 2282:
Increases protection of new shooting ranges by requiring that noise standards in place at the time the application for the range was made, shall apply to that range from the application date forward.

HB 2928:
Requires that before an individual is denied a CHP by a statement from a Sheriff, chief of police, or Commonwealth attorney or other "competent person," there MUST be a specific act or acts upon which the denial is based. The Court must also base the denial upon a preponderance of such evidence. Under current law, you can be denied simply based on a statement someone makes without having to have any evidence that the statement is even correct!

HB 2931:
Reduces the amount of information a gun purchaser has to provide on the state firearms purchase form. Currently the form requires all the same information as the federal form and has an extra question to boot.

HB 1671:
Repeals one of two parts of the law that bans carrying a loaded firearm: 1 - in a parked vehicle or 2 - walking down the road if you don't have permission to hunt on both sides of the road. CAUTION - the other part of this law (15.2-1209.1) has not been changed! It allows a county to implement such a ban, but exempts guns in moving vehicles or carried on a person acting at the time in defense of person or property. We now need to get rid of 15.2-1209.1.

The other bills don't directly effect most folks:

HB 2683:
Makes it easier for gun shows to report show information to the state police.

HB 2577:
Allows a person who has their rights restored by federal law to possess, transport, or carry explosive materials to do so under VA law.

HB 2060:
Clears up an "oversight" that did not keep police exempt from Virginia's stupid one-gun-a-month law. Currently, only CHP holders are exempt. How's that for a twist -- usually it is citizens who are left out in the cold...

SB 1149:
Changes hunting under the influence of alcohol to hunting while impaired and raises the penalty from a class 2 to a class 1 misdemeanor. This bill was our baby-step back.

================

(Note: Book orders are supplied with detailed updates
inserted, which can also be found on our website.)

Contact:
Alan Korwin
BLOOMFIELD PRESS
"We publish the gun laws."
4718 E. Cactus #440
Phoenix, AZ 85032
602-996-4020 Phone
602-494-0679 FAX
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for a free catalog.

Encourage politicians to pass more laws...
with expiration dates.
Link Posted: 8/5/2005 1:33:41 PM EDT

Originally Posted By sysop:
HB 506:
Hunting on submerged land re-defined



Well, damn, there goes my hopes of moving to Texas and bump firing under water.
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