Some 2007 Legislative Suggestions

[SteyrM40]

Hello everyone,

Here are some suggestions for 2007:

1. (Alcohol Beverage Code, § 11.041) Make the definition of "premises" exclude the parking or common areas of a 'licensed premise' in the Alcoholic Beverage Code. This would conform it to the definition in the carry law. As the law stands, it is a felony to pull into a gas station that sells alcohol with a gun in your car (unless you have a CHL).

2. (Penal Code, §46.01(16)) Add the word "metal" before "projectile" in the zip gun statute, which, by the interpretation of some police departments around the state, makes any homemade gun, like a spud gun, a felony. What is essentially a physics experiment becomes felonious.

3. (Penal Code, §22.05(c)) Repeal the deadly conduct statute; it invites prosecutions anytime anyone sees someone else with a gun; they lie and say "he pointed it at me." In the same vein, such lies also can be charged as aggravated assaults. So we need to amend the assault statute to make it clear that an assault with a firearm requires a discharge. These type of prosecutions occur with a great degree of frequency, and few have the money to go to trial and few want to risk a felony conviction by doing so.

4. (Penal Code, §46.13) Repeal or amend the child access law to make it make sense, and to make it legal to give your kid a rifle for his birthday again.

Stay safe...

SteyrM40

[txinvestigator]

Hello everyone,

Here are some suggestions for 2007:

1. (Alcohol Beverage Code, § 11.041) Make the definition of "premises" exclude the parking or common areas of a 'licensed premise' in the Alcoholic Beverage Code. This would conform it to the definition in the carry law. As the law stands, it is a felony to pull into a gas station that sells alcohol with a gun in your car (unless you have a CHL).

2. (Penal Code, §46.01(16)) Add the word "metal" before "projectile" in the zip gun statute, which, by the interpretation of some police departments around the state, makes any homemade gun, like a spud gun, a felony. What is essentially a physics experiment becomes felonious.

3. (Penal Code, §22.05(c)) Repeal the deadly conduct statute; it invites prosecutions anytime anyone sees someone else with a gun; they lie and say "he pointed it at me." In the same vein, such lies also can be charged as aggravated assaults. So we need to amend the assault statute to make it clear that an assault with a firearm requires a discharge. These type of prosecutions occur with a great degree of frequency, and few have the money to go to trial and few want to risk a felony conviction by doing so.

4. (Penal Code, §46.13) Repeal or amend the child access law to make it make sense, and to make it legal to give your kid a rifle for his birthday again.

Stay safe...

SteyrM40

1. Agree

2. Agree

3. Disagree. I don't want a malfunctioning gun or a person who can't figure out how to discharge his gun to be able to avoid prosecution.

4. somewhat agree. As it stands, you can give the gun as a gift, but the child can only access it under adult supervision. Humm. I had my own gun under my control under the age of 18. How would you change this?[/b]

[Baytown]

+1 w/ txinvestigator. Especially on the #3 part. In my experience, very few "honest" people are charged on this one.

I was in court yesterday for this exact situation. A 16 year old pointed a short bbl shotgun at two people. He was charged with agg assault w/ a deadly weapon.

Outcome was two years TYC.

Glenn

[stevie_d_64]

I'm in agreement on the first two suggestions as well...

#3, to me is still a bit "what about this" type situation with me...I've heard to many times, things like "Well, I didn't mean to shoot him..." blah blah blah...

It may be a good thought to explore defining "deadly conduct" or intent...But then again its mainly subjective to figuring out what the "actors" intent was...With or without a "discharge" of a weapon...But to me it appears that a few other things could be amended in the law to take care of concernes like this, that leave in place this statute to cover actual criminal conduct...

#4...Well...I have to say I didn't know it was a crime to give a gift of a firearm (specifically rifles or shotguns) to a minor...

I always thought it was ok to do so with the caveat of the firearm was to be used by said minor, only under supervision and attendence by an adult...Like taking my nephew out shooting or hunting...Regardless of who gave the rifle or shotgun to them (to be the minors property)...

I take my 14 year old nephew out all the time to go shoot...More than my wife!

And when we go, we shoot all sorts of firearms...Including pistols...In my opinion, considering where he lives, and the environment he is exposed to the majority of the time, he has a good appreciation, respect and safety understanding of guns in general...Much more than a lot of teens these days...

And the kicker is that if it came down to it, I would trust him with my life with one, if I was unable to do the things I do so well these days for some reason...

When 21 rolls around, I hope I don't have to do too much to get him to get his license in this State...

If not then, then he sure can get one, if he decides to serve his country when he is of age...

Outside of the participants (and their families and aquaintences) on this website here, I doubt there are too many 14 year olds that we could trust like this, that we know of...