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Return to “Post Office Law Suit to Repeal Carry Rule”

by mojo84
Mon Oct 06, 2014 3:20 pm
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

srothstein wrote:
mojo84 wrote:Actually, you can't carry in a secure area of a jail whether there is a locker or not. The police department is required to provide a locker to secure one's handgun. If they don't, they are in violation. However, you still cannot enter with a handgun.
Minor technical correction but there is no requirement for a jail to provide a locker for your weapon. Jails are correctional facilities and the entire premises is off limits, not just the secure area. The section requiring lockers for weapons deals with law enforcement facilities, which would mean police stations.

As an aside, I find it kind of funny to note that the ban on carrying in jails only applies to CHLs.
Yeah, I was thinking of jails that are part of police stations and sheriff's offices.

I thought the correctional facility code (can't remember office name) prohibited guns inside the secure area for every one including law enforcement personnel. Am I wrong on this?
by mojo84
Thu Oct 02, 2014 6:48 am
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

dicion wrote:
MeMelYup wrote:Does Texas law define Firearms Sensitive Places?
As far as I remember, only in context to the secure area of police stations. Nowhere else.

Sec. 411.207. AUTHORITY OF PEACE OFFICER
TO DISARM.
(b) A peace officer who is acting in the lawful
discharge of the officer's official duties may
temporarily disarm a license holder when a license
holder enters a nonpublic, secure portion of a law
enforcement facility, if the law enforcement agency
provides a gun locker where the peace officer can
secure the license holder's handgun. The peace
officer shall secure the handgun in the locker and
shall return the handgun to the license holder
immediately after the license holder leaves the
nonpublic, secure portion of the law enforcement
facility.
Even then, you cannot be prohibited from carrying in the secure area of a police station unless they have a location to securely store your firearm for you.

Actually, you can't carry in a secure area of a jail whether there is a locker or not. The police department is required to provide a locker to secure one's handgun. If they don't, they are in violation. However, you still cannot enter with a handgun.

On a practical note, it is highly unlikely there aren't lockers as the cops themselves can't enter a secure area with a handgun and they have to lock them up.
by mojo84
Sun Aug 03, 2014 10:39 pm
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

Misfit Child wrote:
mojo84 wrote:Let us know how that works for you.
Swimmingly. Thanks for asking.

So, you are saying you've used force to prove the Constitution allows you to carry in a post office and it worked out "swimmingly"? Please tell us more. Would really be interested learning more of your story regarding this issue.
by mojo84
Sun Jul 27, 2014 3:25 pm
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

Misfit Child wrote:The highest law in America is crystal clear on the subject. If some want to deny it, that's their First Amendment right as long as it's just talk. If it crosses over into force or threats of imminent force, Uncle Sam taught me how to deal with that.

Let us know how that works for you. :roll:
by mojo84
Sun Jul 27, 2014 9:22 am
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

If you can't afford to litigate it to "prove " it's legal, I suspect you can't afford to defend yourself in a professional liability claim for giving wrong information in your class from someone that follows your bad advice.

You are passing of what you think should be legal for what is legal and that is wrong.
by mojo84
Sat Jul 26, 2014 8:20 pm
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

switch wrote: We tell students, if you only carry when you think you will need it, you better be good at predicting the future. :)
Are you a CHL instructor and do you tell students it's legal to carry into the post office?
by mojo84
Sat Jul 26, 2014 7:52 pm
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

switch wrote:I disagree. If you only carried at the PO, then you'd need some reason to justify carrying for self-defense only then.

If you carry all the time and a gun is obviously incident to self-defense, then there needs to be some reason that a PO is substantially safer than everywhere else you go.
Is it your contention that it is legal to carry into the post office then?
by mojo84
Sat Jul 26, 2014 4:50 pm
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

I'm not saying I agree with the law. Nor am i saying the P.O. is safe and one doesn't need to be prepared there. However, your argument doesn't justify the contention it is legal to carry at the P.O. because the handgun is incident to checking the mail or mailing a package. The fact you carry elsewhere and at home has nothing g to do with this discussion.
by mojo84
Fri Jul 25, 2014 10:06 am
Forum: General Texas CHL Discussion
Topic: Post Office Law Suit to Repeal Carry Rule
Replies: 278
Views: 125539

Re: Post Office Law Suit to Repeal Carry Rule

switch wrote:I'd say self defense is immediate and I do intend to shoot someone - to preserve my life or anothers. Granted, I may not need a hand gun (just like I may not need a rifle -- if I don't see a deer), but I am looking for a deer and will need a rifle then, I am looking for someone to attack and will need a gun then.

We tell students, if you only carry when you think you will need it, you better be good at predicting the future. :)

:headscratch Not sure I follow your point. So, a handgun is needed to check the mail or to mail something? That is the point of going to the post office. You don't go there for the purpose of self-defense.

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