TexasCHLforum.com

ScottDLS wrote: ↑Mon Sep 24, 2018 2:46 pm

BBYC wrote: ↑Mon Sep 24, 2018 12:55 pm

ScottDLS wrote: ↑Mon Sep 24, 2018 11:06 amNo surprise. The same will happen at the Texas State Fair at Fair Park. Anyone care to be the proverbial "test case"? Authorities in Texas don't want LTC's to open carry. They will stop it regardless of the law.

If somebody is willing to be a test case and do an "audit" on camera, I bet the fudds and fredocons will whine about how the law abiding test case provoked the people who were just doing their job by violating the law.

jordanmills wrote: ↑Tue Sep 25, 2018 5:53 pm

ScottDLS wrote: ↑Tue Sep 25, 2018 5:16 pm

RogueUSMC wrote: ↑Tue Sep 25, 2018 3:51 pm

ScottDLS wrote: ↑Tue Sep 25, 2018 2:03 pm

Which is why I suggested wouldn't want to be the "test case". On the other hand, since the offense is a class C misdemeanor, unless you choose to refuse to leave, I doubt whether it would come to an arrest.

I guess to really be a "test case" you would have to refuse to leave after being confronted. Then the offense would be a class A misdemeanor, even though you wouldn't really be guilty of it under any reasonable reading of the statute. Then you would presumably get arrested. Then if you lost at trial (unjustly), you would have to appeal. When an appellate court then ruled in your favor (you hope), you would have that elusive "case law", on your side.

Even then, it could be charged as plain vanilla trespass without the gun needing to be an issue...then the whole thing falls flat. The 30.06/30.07 just ups the charge for a given trespass violation. If the DA wanted to just go with just the trespass, your who 'test case' goes out the window...

To which you would have a statutory defense to prosecution in 30.05. So the "plain vanilla" trespass would have trouble.

Basically depends on if they say that you can't be there because you have a gun with an LTC, or because they just plain don't want you there...

Charles L. Cotton wrote: ↑Mon Sep 24, 2018 3:34 pm

BBYC wrote: ↑Mon Sep 24, 2018 12:55 pm

ScottDLS wrote: ↑Mon Sep 24, 2018 11:06 amNo surprise. The same will happen at the Texas State Fair at Fair Park. Anyone care to be the proverbial "test case"? Authorities in Texas don't want LTC's to open carry. They will stop it regardless of the law.

If somebody is willing to be a test case and do an "audit" on camera, I bet the fudds and fredocons will whine about how the law abiding test case provoked the people who were just doing their job by violating the law.

You might want to reconsider the AG opinion on private non-profits using government property before you call for a test case.

Chas.

The plain language of subsections 30.06(e) and 30.07(e) make an exception if the property on which the license holder carries a gun "is owned or leased by a governmental entity." TEX. PENAL CODE§§ 30.06(e), .07(e). These statutes make no exception to that exception for property owned by a governmental entity but leased to a private entity, and to conclude that carrying a handgun on such property is prohibited would therefore require reading language into the statute beyond what the Legislature included.