| TO: | Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety |
| FROM: | Ursula Parks, Director, Legislative Budget Board |
| IN RE: | SB17 by Estes (Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun; creating a criminal offense; providing penalties.), As Engrossed |
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to allow licensed citizens to openly carry a handgun in a shoulder or belt holster. Under current law, unlawful carrying of a handgun by a license holder and unlawful carrying of a weapon are a Class A misdemeanor or a third degree felony, depending upon the circumstances of the offense. A Class A misdemeanor is punishable by confinement in jail for a term not to exceed one year and an optional fine to exceed $4,000. A third degree felony is punishable by confinement in prison for a term of two to 10 years and an optional fine not to exceed $10,000.
In fiscal year 2014, 183 individuals were arrested, 52 were placed under felony supervision, and 37 were admitted to state correctional institutions for unlawfully carrying a weapon. In fiscal year 2014, 17 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted to state correctional institutions for the offense of unlawfully carrying a handgun by a license holder. A statewide repository containing the level of detail necessary to isolate those individuals who openly carried a handgun in a shoulder or belt holster and had a valid license to carry a handgun at the time of the offense from all other individuals arrested and convicted under the statutes referenced by the bill is not currently available. This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.
| Source Agencies: |
| LBB Staff: | UP, LM, JPo
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