SB 744 Modifies provisions relating to firearms
Sponsor: Nieves
LR Number: 5110S.02I Fiscal Note not available
Committee: General Laws
Last Action: 2/6/2014 - Second Read and Referred S General Laws Committee Journal Page: S233
Title: Calendar Position:
Effective Date: August 28, 2014

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Current Bill Summary


SB 744 - This act modifies provisions relating to firearms.

OPEN CARRY ORDINANCES - Section 21.750

This act provides that the open carrying of a firearm may not be prohibited by a political subdivision for any person with a valid concealed carry endorsement or permit in his or her possession who presents such endorsement or permit upon the demand of a law enforcement officer. In addition, no person carrying a concealed or unconcealed handgun may be disarmed or physically restrained by a law enforcement officer unless under arrest or if there is no reasonable and articulable suspicion of criminal activity. Any person who violates these provisions may be issued a citation for up to $35. No ordinance of a political subdivision may be construed to preclude the use of a firearm to defend property or persons.

This provision is identical to a provision of CCS2/SS/SCS/HCS/HB 1439 (2014), SS/SCS/HB 1539 (2014), SS/SCS/SB 613 (2014), and the truly agreed to and finally passed CCS/HCS/SB 656 (2014), and is similar to a provision of HB 436 (2013), and SB 352 (2013).

SCHOOL PROTECTION OFFICERS - Sections 160.665, 571.107, 590.010 to 590.207

This act allows a school district to designate one or more school teachers or administrators as a school protection officer. School protection officers are authorized to carry a concealed firearm. The officer must keep the firearm under his or her personal control at all times while on school property. Violation of this provision is a Class B misdemeanor and may result in the immediate removal of the officer from the classroom and the commencement of employment termination proceedings.

School protection officers have the same power to detain and arrest as any other person would have under current law regarding defense of persons and property. Upon detention, the protection officer must immediately notify school administrators and school resource officers. If the person detained is a student, then the parents of the student must also be immediately notified.

Those seeking to be designated as school protection officers must make a request in writing to the superintendent of the school district along with proof of ownership of a valid concealed carry endorsement or permit and a certificate of completion of a school protection officer training program.

The school district must notify the director of the Department of Public Safety of the designation of any school protection officer. The department must make a list of all school protection officers available to all law enforcement agencies.

This act requires the Peace Officer Standards and Training Commission to establish standards and curriculum for training of school protection officers. The director of the Department of Public Safety must develop, and make available to all school districts, a list of approved school protection officer training instructors, centers, and programs.

In order to attend a school protection officer training program, a person must submit to a criminal history background check and prove he or she has a valid concealed carry endorsement or permit.

This provision is similar to a provision of CCS2/SS/SCS/HCS/HB 1439 (2014), SS/SCS/HB 1539 (2014), SS/SCS/SB 613 (2014), the truly agreed to and finally passed CCS/HCS/SB 656 (2014), HB 436 (2013), and SB 352 (2013).

HEALTH CARE PROFESSIONALS AND FIREARMS - Section 571.012

This act specifies that no licensed health care professional may be required by law to ask a patient whether he or she owns a firearm, document firearm ownership in a patient's medical records, or notify any governmental entity of the identity of a patient based solely on the patient's status as a firearm owner.

Under this act, licensed health care professionals are prohibited from documenting or disclosing information regarding a person's status as a firearm owner except under certain specified circumstances.

This provision is similar to a provision of CCS2/SS/SCS/HCS/HB 1439 (2014), SS/SCS/SB 613 (2014), and the truly agreed to and finally passed CCS/HCS/SB 656 (2014).

CONCEALED CARRY PERMITS - Sections 571.030, 571.101, & 571.117

Under current law, a person, who is not a member of the United States Armed Forces or honorably discharged from the armed forces, must be at least 21 years of age in order to qualify for a concealed carry endorsement or permit. This act lowers the age to at least 19 years of age.

This act repeals obsolete provisions requiring a person to take a certificate of qualification for a concealed carry endorsement to the Department of Revenue and providing the expiration date of nondriver's licenses containing concealed carry endorsements.

Any permit fees required for a concealed carry endorsement are waived for applicants who are disabled veterans.

Some of these provisions are contained in CCS2/SS/SCS/HCS/HB 1439 (2014), SS/SCS/HB 1539 (2014), SS/SCS/SB 613 (2014), and the truly agreed to and finally passed CCS/HCS/SB 656 (2014).

UNLAWFUL POSSESSION - 571.070

Under the act, a person commits the offense of unlawful possession of a firearm if the person is illegally in the United States.

This provision is identical to a provision of SS/SCS/SB 613 (2014).

MEGHAN LUECKE