Gun Laws of America and Texas in the year 2300AD

Firearms Rules and Regulations

by Steven Charlton

Copyright © 1999 Steven Charlton.  All rights reserved.
Disclaimer


Please note that this article is for a fictional world ( a roleplaying game called "2300AD") set 300 years in the future.  It has absolutely nothing to do with real life laws about firearms in the USA.  It is not legal advice for the real world.

The USSR's nuclear attack on the US, the day after Thanksgiving in 1997, and the destruction of the Twilight War ( World War Three 1995-2000), effectively killed the concept of gun control in the United States and Texas for more than 100 years.  As the situation became more and more settled during the 2040s, rules and regulations regarding firearms use and possession once again appeared in America.  However, the fact that firearms were often the only thing that kept post-war American communities free from bandits or tyrants meant that any form of an outright ban would be political suicide for any politician to propose.

America's current weapons laws are covered under the Jarvis-Thompsen Act, a law passed in 2176 to create a uniform set of weapons laws to replace the various state laws.  The act divides weapons into four classes ( later amended to add a 5th class, energy weapons).  These classes are:

  • Class I Weapons -- Shotguns and Rifles ( single-shot or semi-automatic), most melee weapons
  • Class II Weapons -- Handguns (revolver or semi-automatic)
  • Class III Weapons -- Automatic weapons, unusual melee weapons
  • Class IV Weapons -- Explosive or rocket devices
  • Class V Weapons -- Energy Weapons
  • By Federal law, no state or municipality can restrict possession of Class I or Class II weapons.  Possession of Class III weapons is limited to persons with a Federal Weapons Permit.  Possession of Class IV or V weapons requires a Federal Heavy Weapons Permit.  These permits do not apply to active military personnel on duty, but they do apply to law enforcement officers both at the Federal and local levels.  These permits are administered by the Federal Department of Justice, and must be renewed every four years ( there is a background check, test and fee involved).

    Texas has a much more liberal version of the Jarvis-Thompsen Act, called the Terrazzo Act.  In this law, they divide weapons into General ( Class I, II and III) and Special ( Class IV and V) classes.  General weapons are available pretty much without restriction, while Special weapons require authorization from the Texas Department of Public Safety.

    For both America and Texas, there are restrictions on where individuals can carry weapons of all classes.  In general, government courts and offices and public transportation facilities ( vehicles or buildings) prohibit possession of weapons unless carried in a locked and alarmed case.  Businesses and private property owners have the right to enact whatever restrictions they desire on weapons in those locations.

    Possession in a location that serves liquor for on-site consumption is also illegal.  One strange exemption to this is that, in Texas, while carrying a weapon into a place that serves hard liquor is unlawful, in some counties it is OK to carry a weapon into a place that serves beer.  This is because of an unusual loophole in Texas law that defines beer differently than liquor and wine; the weapon law was written in a way that the courts have said beer is exempted.  Every year in the Texas Legislature there is a near-traditional bill to close this loophole; every year it manages to fail by a margin that has varied from one vote to nearly unanimous.  However, the votes have become much closer in the past 10 years.

    Weapons carrying or possession violations are often handled as administrative matters, often resulting in forfeiture of the weapon and a fine, but no jail time.  On the other hand, illegal use of weapons carries severe penalties, especially for holders of Federal Weapons Permits and Federal Heavy Weapons Permits.  Even legitimate firearms use is monitored closely; people who habitually get involved in justifiable shootings will find it progressively harder to get a renewed permit, and law enforcement will be particularly wary or suspicious of such persons.  Texas maintains a slightly more liberal view on this, but still keeps a suspicious eye on habitual shooters.

    There are also very significant penalties for trafficking in guns to unauthorized persons, but at the same time there is a large and thriving gun smuggling business in Texas and the American Southwest which keeps Mexican separatists in California and Arizona well armed.  Both governments deny any involvement in this activity, but few smugglers are arrested, and fewer still sentenced.

    Both America and Texas have restrictions on carrying concealed weapons.  In America, the ability to carry a concealed weapon is included in the Federal Weapons Permit.  In Texas, a separate CCW Permit is required.

    The American Federal Weapons Permit requires a 24-hour training course ( usually held over a 6-week period), plus one hour of range time.  It costs $500 for the permit fee, and classes usually cost $100 to $200 more.  The training includes gun safety, gun law and situational ethics ( should I shoot now?), and requires the applicant provide fingerprint and DNA samples, a photo and pass a background check that looks at past criminal behavior and psychological history.  The psych part of the check is the weakest, as many psych treatments are not reported to Federal health authorities.  The permit lasts four years, and the renewal class is an 8-hour refresher course with an hour of range time.  The permit fee is the same for a renewal, but the class costs about half of the original training class.

    The Federal Heavy Weapons Permit has the same requirements, but the US National Guard runs the classes.  To get a Federal Heavy Weapons Permit, you must first apply for, receive and hold in good standing for six months a Federal Weapons Permit.  The application must be approved by the local National Guard commander as well as the Federal government.

    Permits are somewhat easier to get in Texas.  The Special Weapon Permit and the CCW Permit both require a 16-hour class plus one hour of range time, and a background check.  The classes are operated directly by DPS, and the $200 permit fee includes the class.  The CCW permit is fairly easy to get, but the applicant is required to show need for the Special Weapon Permit before applying.

    The DPS also handles gun safety education in Texas schools for sixth grade ( average age is 12) and tenth grade students ( avg. age is 16).  The sixth grade class is mandatory, while the tenth grade class is an elective.  Gun accidents in Texas occur at slightly over half the frequency as accidents in America, presumably due to these classes.  Attempts to get such classes added to American schools have met with mixed success; many education officials are opposed to weapons training for children regardless of the results.

    In America, the American Socialist Party is at the head of efforts to introduce tighter weapon restrictions, but the ASP’s reputation as a fringe party hampers these efforts.  In Texas, calls for gun control, when heard, are usually followed by a swift drive for impeachment, or the disappearance of the person suggesting such a change.


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    Last Update: 2001 Jul 09
    First Online: 1999 Jun 14
    Pentapod's World of 2300AD - http://www.geocities.com/TimesSquare/Arcade/2303/
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