Goals for 2007

The Legislative Session is over - here are the results?

Moderator: Charles L. Cotton

For 2007 - Reintroduce HB 896

Postby Trainman » Sat Jun 11, 2005 9:07 am

HB 896 Author: David Farabee (Wichita/Archer counties)
Made it through committee but never got out of the calendar.

This bill would prohibit a public or private employer from establishing, maintaining, or enforcing a policy or rule that prohibits a person licensed to carry a concealed handgun from transporting or storing such handgun in a locked vehicle in any parking lot, garage, or other designated parking area. An employer would not be liable for damages resulting from an occurrence involving the possession of a concealed handgun by a licensee. This bill would not authorize a licensee to carry a concealed handgun on any premises where possession is prohibited by state or federal law.


I read where Oklahoma just signed their version of this into law after some CHL holders were fired from their long-held jobs for locking their guns in their cars.
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Postby wrt45 » Sat Jun 11, 2005 9:23 am

Greybeard wrote:Glad to see suggestion of going to TP&W web site. Lots of great info. there. While there, I suggest taking a peek at accident stats and stories. Year after year, the numero uno age bracket of those involved in hunting accidents is 20 to 29 - and about 80% of 'em have never had a hunter ed. class. ("not enough time" :wink: )



Probably 75% of the adults in my HE classes over the last 5 years have been taking the class courtesy of the game warden and the JP. The other big grouping of adult students are those over the age of Texas requirements, but under the age of Colorado's cut-off (1949).

I agree mostlywith your thoughts on having enough time, but I also know for a lot of folks its not just length of time, its scheduling. I've taught several folks who were willing to make the time commitment, but couldn't do it on the schedule of their local community college instructors.

Thats the situation where the home study version is the only way to go.
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Postby ElGato » Sat Jun 11, 2005 3:41 pm

Like Greybeard I teach the home study course and try to work in several classes each year, maybe not as many as I should because there always seems to be a shortage of instructors and class dates, there are times when I have to turn folks down for lack of space in the classroom, of course I'm talking about the months just prior to the opening day, in the off season I couldn't fill a classroom on a bet.
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Postby Greybeard » Sat Jun 11, 2005 4:03 pm

Yep wrt, I seem to have at least one carload of folks a year drive down from Wichita Falls for a completion course - and lots of onesey, twosies from Lubbock, Tyler, Waco, etc.

The home study "'option" was so popular with hunter ed. that about 4 years ago, I independently developed a similar lesson plan for pure newbie CHL students. They still have to do all of the normal CHL hours (plus a few), but it helps out for those with an extremely jam-packed lifestyle.

And yea, now some of ya may add a "home study" option to "wish list" for CHL and renewals too :wink: , But I would not anticipate the Legislature and/or DPS ever getting around to it. Not in my lifetime, anyway.
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LCRA

Postby RoundRock_Gun_Fan » Tue Jul 12, 2005 6:45 pm

My understanding is that LCRA no longer prohibits concealed carry.

http://www.tsra.com/CHL_LCRA.htm


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2007

Postby anygunanywhere » Wed Jul 13, 2005 9:03 am

1. Unrestricted parking lot storage.

2. Copy Florida's "Castle Doctrine" law.

3. Unrestricted concealed carry. Too many restrictions. This includes the workplace.

4. Unrestricted Open carry, especially in vehicles. I hate having to adjust everytime I get into my pickup.

5. Remove SA/Revolver restriction.

6. Establish intoxication standard. "Carrying under the influence?" If I want a glass of wine over dinner with my lovely wife, I should be able to while carrying! My 2nd ammendment rights do not evaporate just because I want a drink. (Do you think I will be flamed for this?)

7. Relax printing/brandishing law. CHL'ers are way too paranoid about this when it should be a non issue. Just because someone sees a handgun should not be a criminal offense.

8. Universal reciprocity, as long as the other state reciprocates, and there is a background check.
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Re: 2007

Postby dolanp » Wed Jul 13, 2005 11:03 am

anygunanywhere wrote:2. Copy Florida's "Castle Doctrine" law.


This is a big one too, I hope the NRA starts pushing it here. It also included language to exempt from civil suits if the shoot was justified IIRC. That would be nice because using force in TX always carries the weight of possibly getting sued which is unfortunate.
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Re: 2007

Postby Charles L. Cotton » Wed Jul 13, 2005 11:15 am

dolanp wrote:
anygunanywhere wrote:2. Copy Florida's "Castle Doctrine" law.


This is a big one too, I hope the NRA starts pushing it here.


I think you can count on it!
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My views have changed in the past year

Postby tomneal » Wed Jul 13, 2005 12:09 pm

8. Universal reciprocity, as long as the other state reciprocates, and there is a background check.


This doesn't seem as important as it did a year ago. Our AG and Gov. have been busy.


4. Unrestricted Open carry, especially in vehicles. I hate having to adjust everytime I get into my pickup.


I would prefer a change from "Concealed Carry" to "Carry".


3. Unrestricted concealed carry. Too many restrictions. This includes the workplace.


Workplace carry restrictions are based on Texas Employement law. I am not sure changes.


"Carrying under the influence?"


Has anyone been charged or convicted of this?
Were they over the leagal driving limit?
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Re: My views have changed in the past year

Postby Charles L. Cotton » Wed Jul 13, 2005 12:47 pm

tomneal wrote:
"Carrying under the influence?"


Has anyone been charged or convicted of this?
Were they over the leagal driving limit?


Unfortunately, you don't have to meet the legal threshold for DWI (.008), only for PI and that's very subjective. Baytown can comment more on this, but basically a LEO saying something to the effect of "I smelled alcohol . . . slurred speech . . . bloodshot eyes . . . staggered . . ." or some combination will do it. In my opinion, this is wrong and the standard should be the same as for DWI. PI is just to subjective.

I don't know if anyone has been convicted, but with this very low threshold, I suspect so.

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Re: My views have changed in the past year

Postby anygunanywhere » Wed Jul 13, 2005 5:45 pm

tomneal wrote:
8. Universal reciprocity, as long as the other state reciprocates, and there is a background check.


This doesn't seem as important as it did a year ago. Our AG and Gov. have been busy.


4. Unrestricted Open carry, especially in vehicles. I hate having to adjust everytime I get into my pickup.


I would prefer a change from "Concealed Carry" to "Carry".


3. Unrestricted concealed carry. Too many restrictions. This includes the workplace.


Workplace carry restrictions are based on Texas Employement law. I am not sure changes.


"Carrying under the influence?"


Has anyone been charged or convicted of this?
Were they over the leagal driving limit?


Mr. Neal, If you don't travel much, reciprocity does not affect you. I travel all over North America including Canada. Can't do much about Canada, but last time I checked, the second ammendment applied to the 50 states. Yes the AG has done well, but I can't legally carry squat in Kalifornia. And states like Nevada where you have to apply in person is bull. Texas could legalize workplace carry, I don't care if it is employment law. Last time I checked, that is what we paid the legislature for. In Pennsylvania, bar carry is legal. I have sauntered up to the bar, ordered a beer, and a burger, and watched Sportscenter while packing my Kimber. Florida has a legal definition of .08 for carrying under the influence. My suggestions are valid based on my lifestyle. :!:

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Postby Baytown » Thu Jul 14, 2005 12:03 pm

Chas. is right in that PI is very subjective. As long as an officer can articulate that you were a danger to yourself or others then you are in violation. I will say the articulation of being a danger will be made easier for the officer if you have a gun.

Ex.: Upon contacting defendant, I noted glassy, blood-shot eyes, and detected a moderate odor of an alcoholic beverage on or about his person. When asked his name, the def, responded with a thick tongue and slurred speech and had difficulty finding his DL in his wallet when it was requested. The def's had an untucked shirt and had pulled his tie down and had undone his top button of his shirt. A Horizontal Gaze Nystagmus test was administered and 3 of 6 clues were found. Based on the facts that the def smelled of an alcoholic beverage, the results of the HGN, his slurred speech, and the fact the def was at the time in poss of a concealed handgun, I felt the def was a danger to himself and/or others and was instantered on citation# xxxxxx.

That being said, I do not believe one drink with dinner will cause a person to become PI. If you are in a shooting, then your BAC would be very low. Not that it would be a great thing to have to worry about, I would assume a good attorney could explain it away if need be.

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Postby dolanp » Thu Jul 14, 2005 12:09 pm

Up in Virginia cops have taken to walking into bars and arresting people for public intoxication. The police chief literally said "You can't be drunk in a bar". It's disturbing how low the bar is set for evidence as well. Of course the cops managed to get these people to submit to a breathalyzer somehow. As far as I understand you are under no obligation to submit (illegal search) if you are not driving and the consent is implied via driver's license agreement and whatnot.

I heard a secondhand story of someone walking home from a bar in this area being arrested for PI. I think if the person was responsible enough to walk and not drive they ought to be left alone. I guess they could call a cab but then the overzealous police could nab them on the curb waiting for it too I suppose.
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Postby Baytown » Thu Jul 14, 2005 12:38 pm

Soapbox Mode On:

As a former bartender and current LEO, I will say that bars are for drinking and socializing, not for getting drunk in. Can you be drunk in a bar? You bet. Is it illegal? You bet. Under Texas law, a bar is a public place. I have no shame in saying I have arrested many out of bars for PI. It is amazing how many times you will go back to the bar after it closes and run the registrations and the veh comes back to the person you arrested. How were they going to get home? Taxi? -- Not likely. Is a person a danger to himself or others walking home and intoxicated? You bet. I have worked several accidents that were auto/ped majors. Guess what, it was because the drunk was in the street or trying to cross and a car was coming, etc... I would not call it overzealous policing, I would call it proactivity and saving drunks from themselves and others from those drunks.

Soapbox Off

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Postby Paladin » Thu Jul 14, 2005 12:54 pm

Research I did in high school for a paper showed that drunk drivers and drunk pedestrians were the largest cause in auto accidents.

Driving fast wasn't even close. Statistically, driving too slow was far more dangerous than driving fast.
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