Before Trying to Revise Texas’ Gun Laws, Lawmakers Should Read Them

Students for Concealed Carry on Campus
Students for Concealed Carry on Campus

AUSTIN, Texas -( On Thursday, January 19, freshman Texas State Representative Gina Hinojosa (D-Austin) and Students Against Campus Carry President Ana Lopez gave a press conference in support of Rep. Hinojosa’s proposed legislation to ensure that license to carry (LTC) holders carrying handguns under the state’s new campus carry law may not do so while intoxicated.

This caused veteran Texas policy wonks to scratch their heads, due to the fact that carrying a concealed handgun while intoxicated has been illegal since Texas’ original concealed handgun licensing law took effect 21 years ago.

Texas Penal Code Section 46.035(d) states, “A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.”

A violation is punishable by one year in jail, a fine of up to $4,000 dollars, and a mandatory five- to seven-year revocation of the offender’s license to carry.

At a Jan. 11 meeting of the Texas Coalition to Reduce Gun Violence, Rep. Hinojosa stated that she wants to make sure the prohibition against carrying while intoxicated applies to all types of firearms.

Such a bill might make sense in light of the fact that Penal Code Section 46.035(d) applies only to handguns carried by LTC holders; however, why then did Rep. Hinojosa choose to pitch her proposed law in terms of campus carry, which also applies only to handguns carried by LTC holders?

Brian Bensimon, Texas legislative director for Students for Concealed Carry, commented, “Students for Concealed Carry supports efforts to prevent drinking and carrying; however, we’re not sure why Rep. Hinojosa is attempting to tie this effort to campus carry, given that carrying a concealed handgun while intoxicated is already a serious crime.”




About Students for Concealed Carry:

Students for Concealed Carry (SCC) is a national, non-partisan, grassroots organization comprising college students, faculty, staff, and concerned citizens who believe that holders of state-issued concealed handgun licenses should be allowed the same measure of personal protection on college campuses that current laws afford them virtually everywhere else. SCC is not affiliated with the NRA or any other organization. For more information on SCC, visit or Facebook.

For more information on the debate over campus carry in Texas, visit their website.

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Changing something that is already illegal to a magical form of “extra special illegal” has never stopped one criminal ever. People earn the title of criminal by breaking the law, and will continue to do so despite how many laws are passed. Classifying an act as even more illegal than when it was illegal before does absolutely nothing, which is why I continue to be infuriated by the waste of taxpayer time and money when an idiot politician says “we have to do something”. I have had an epiphany regarding the previous statement. How about those in elected office DO… Read more »

Jim in Conroe

It begs the question of what constitutes “intoxicated” under the laws governing concealed or open carry.


Intoxicated is defined as above a specific BAC in nearly every state.


It is simple the anti gun simpletons simply have to do SOMETHING, they exist on “feel good” IF they were to put a tenth of the effort they put into “feel good” into anything that would actually be functionally “good” they could revive their party and become productive in reality once more. Sadly they will never come to that point as it would expose and force them to accept their horrid track record of failure. How can there be even a conversation on anything let alone guns with these mentally challenged “feel gooders”. They insist on basing EVERYTHING they say… Read more »

Otto Didact

Liberals READ?????? Shirley, you jest.

Jim S

Dont call me Shirley 🙂

RM Molon Labe

The left ALWAYS wants to pass a bill…THEN we can see what is IN it…

Tom R.

Her name should be Hindend instead of Hinojosa