Search found 5 matches

by Soccerdad1995
Thu Sep 20, 2018 12:54 pm
Forum: General Texas CHL Discussion
Topic: Apartment Lease Contract Handgun Addendum
Replies: 44
Views: 2310

Re: Apartment Lease Contract Handgun Addendum

We're conflating 2 different issues here.

One issue is what specific circumstances would breach the relevant provisions of this contract between the OP and his landlord. If the landlord claimed a breach, they would have to argue their case in court. I agree that VESP would likely not help much here, neither would the LEOSA for that matter just in case any of the complex residents happen to be LEO's. We also have not seen the contractual remedies for potential breach, etc. None of this is a criminal matter.

The second issue is whether this contractual wording constitutes notice under the provisions of section 30.06 or 30.07. That is a potential criminal matter, and things such as the exact wording, and whether the VESP or LEOSA exemptions apply would matter there. Personally, I don't think the wording matches, because I don't think you can take one part of the wording alone from the rest of it. But if a court disagreed with me, there would be other things to consider like whether the OP is a VESP, etc., before deciding on a potential penalty that could be as high as a $200 fine.

To be clear IANAL
by Soccerdad1995
Mon Sep 17, 2018 2:04 pm
Forum: General Texas CHL Discussion
Topic: Apartment Lease Contract Handgun Addendum
Replies: 44
Views: 2310

Re: Apartment Lease Contract Handgun Addendum

proudpirate wrote:
Fri Sep 14, 2018 7:30 pm
This is the addendum the office used. They check marked Option 1 and Option 2 on the addendum. What do y'all think?
IANAL, but I see what appears to be valid 30.06 and 30.07 wording included along with other wording that amends the required 30.06 / 30.07 wording. If you take only part of each clause and ignore the other part, then it would be valid, but can you just ignore the other part of these written statements? Especially since those other, non-compliant words change the meaning of the required wording?

If I put up a sign that says "No Trespassing. Psyche, just kidding". Is that a valid trespass warning since the words "No Trespassing" are in there albeit alongside other words that change their very meaning?

As noted above, VESP's are exempted, you are also possibly exempted unless it can be proven that you were not going between your apartment and your vehicle, etc. Worst case, you are looking at a potential $200 fine.
by Soccerdad1995
Mon Sep 17, 2018 1:56 pm
Forum: General Texas CHL Discussion
Topic: Apartment Lease Contract Handgun Addendum
Replies: 44
Views: 2310

Re: Apartment Lease Contract Handgun Addendum

RoyGBiv wrote:
Mon Sep 17, 2018 7:41 am
Join a local group and become "Volunteer emergency services personnel".

https://www.texaschlforum.com/viewtopic.php?f=7&t=89090

https://capitol.texas.gov/tlodocs/85R/b ... 00435F.htm
SECTION 8. Section 30.06, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
SECTION 9. Section 30.07, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
:iagree: with the advice, but I think we should also point out that you do not need to join any group to meet the definition of a VESP.
by Soccerdad1995
Fri Sep 14, 2018 5:04 pm
Forum: General Texas CHL Discussion
Topic: Apartment Lease Contract Handgun Addendum
Replies: 44
Views: 2310

Re: Apartment Lease Contract Handgun Addendum

suthdj wrote:
Fri Sep 14, 2018 4:25 pm
Do they say what route you have take to your car or can you do 10 laps on your way to your car.
That's a good point. Also, since these caveat is included, I can't imagine that the wording could possibly be 30.06 / 30.07 compliant. If there is an exception included, then it would not meet the wording requirements, I believe.

To the OP, if you ever find yourself in a position where you need to break your lease, I suppose you could OC and see if they are going to kick you out for violating the terms of your lease. There may be a small silver lining here.
by Soccerdad1995
Fri Sep 14, 2018 1:55 pm
Forum: General Texas CHL Discussion
Topic: Apartment Lease Contract Handgun Addendum
Replies: 44
Views: 2310

Re: Apartment Lease Contract Handgun Addendum

I'm trying to think of exactly what carry is being restricted here. Assuming you check your mail on your way home or on your way out, your fine there. If there's a pool, and you would otherwise carry at the pool, that is restricted. Personally, I don't carry while swimming (but I do have a few Glocks, so I could). Regardless, I think you might want to think of exactly what is being restricted here. It might be a total of less than an hour a month. That should factor into your decision.

A couple other thoughts. Since it was written notice, the wording needed to match the wording in 30.06 and 30.07 exactly, I believe. You might want to double check that. Also, consider whether you are a VESP as defined by Texas statute, which would exempt you from 30.06 restrictions, I believe.

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