Search found 5 matches

by WildRose
Wed Oct 03, 2018 10:52 pm
Forum: New to CHL?
Topic: NEWBIE Question about CCW
Replies: 36
Views: 22883

Re: NEWBIE Question about CCW

Soccerdad1995 wrote: Wed Oct 03, 2018 1:26 pm
WildRose wrote: Sat Sep 29, 2018 12:28 am
Soccerdad1995 wrote: Thu Sep 27, 2018 4:18 pm I think we can safely assume that LEO's are usually armed even when they are off duty. So unless Texas LEO's all have their LTC's then they violate the FGFSZA whenever they drop their kids off at school or even drive through a school zone on their way to work. Is anyone aware of a LEO being charged under the FGFSZA?
LEO's are exempt as are retired LEO's.
Do you have a source for this? The only exemption I see in the text of the GFSZA is for "individuals licensed by their state", aka LTC holders in Texas.

https://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf
Under GFSZA active LEO's are exempt when acting in concert with official duties, I was wrong about the LEOSA exemption which doesn't apply on school premises. The purpose of the LEOSA was to ensure such off duty and retired LEO's could carry nationwide but somehow they left out the school exemption. Typical of congress.
(vi) by a law enforcement officer acting in his or her official capacity
The Law Enforcement Officers Safety Act (LEOSA), intended to allow qualified law enforcement officers the ability to carry guns nationwide, does not provide any exceptions to Federal Law per 18 U.S.C. § 926B. GFSZA does not make any exception for an off-duty qualified officer.[8][14][16][16]
https://en.wikipedia.org/wiki/Gun-Free_ ... Exceptions
by WildRose
Mon Oct 01, 2018 2:50 am
Forum: New to CHL?
Topic: NEWBIE Question about CCW
Replies: 36
Views: 22883

Re: NEWBIE Question about CCW

bigtek wrote: Sat Sep 29, 2018 1:54 pm Laws are for little people.
Note, I didn't say I agree with it. Those are simply the facts.
by WildRose
Sat Sep 29, 2018 12:28 am
Forum: New to CHL?
Topic: NEWBIE Question about CCW
Replies: 36
Views: 22883

Re: NEWBIE Question about CCW

Soccerdad1995 wrote: Thu Sep 27, 2018 4:18 pm I think we can safely assume that LEO's are usually armed even when they are off duty. So unless Texas LEO's all have their LTC's then they violate the FGFSZA whenever they drop their kids off at school or even drive through a school zone on their way to work. Is anyone aware of a LEO being charged under the FGFSZA?
LEO's are exempt as are retired LEO's.
by WildRose
Fri Sep 28, 2018 12:38 am
Forum: New to CHL?
Topic: NEWBIE Question about CCW
Replies: 36
Views: 22883

Re: NEWBIE Question about CCW

C-dub wrote: Thu Sep 27, 2018 10:10 am
flipman416 wrote: Thu Sep 27, 2018 9:22 am
rotor wrote: Wed Sep 26, 2018 10:43 pm
flipman416 wrote: Wed Sep 26, 2018 10:06 pm
rotor wrote: Wed Sep 26, 2018 3:51 pm The only thing that I may add is that a Utah CHL does not protect you from the Federal Gun Free Zone act (firearms within 1000 feet of a school) in Texas. For that you need a Texas LTC. Does anyone ever get caught in that trap, I don't know? I am sure that most people with a gun in the glove box drive by a school every day and nobody cares. As a technicality though only the Texas LTC covers Texas schools. Welcome to Texas. I spent many years in Commiefornia too. I can't believe it has turned into such a cesspool. I remember when I could open carry in California.


I was told that only matters when you're on foot. As if it's inside you're vehicle you're protected...as one doesn't need a permit to.carry a loaded firearm in your vehicle in Texas. Am I wrong to think this?
I believe you are wrong. Exceptions below. Unloaded and locked up. I doubt if most are.
[18 U.S.C. § 922(q)(2)(A)] does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is—

(I) not loaded; and

(II) in a locked container, or a locked firearms rack that is on a motor vehicle;


(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Hmmmmm. Good to know...I have driven by some schools, but it was definitely well further than 1000 FT. I wonder if anyone has actually ever been in trouble due to this law?
Not really. It is usually something that gets added on to pile on the charges after you're already in trouble for something else. IIRC, there was a case a while back, possibly not even in Texas, where it ended up being declared unconstitutional and mostly thrown out. However, there may have been some tweeks to that federal law when they included the language that now says if you're licensed in the state you're carrying, not using an out of state non-resident license or one that is recognized by another state, so that it is no longer unconstitutional. I don't remember.

My gun law brain is having issues this morning. I also seem to recall a case in the news that is currently on going where the feds are trying to get some guys LTC here in Texas voided so they can pile on some violations and one of them is the GFZA thing.
Amarillo, St. Mary's case.
by WildRose
Thu Sep 27, 2018 10:52 pm
Forum: New to CHL?
Topic: NEWBIE Question about CCW
Replies: 36
Views: 22883

Re: NEWBIE Question about CCW

flipman416 wrote: Thu Sep 27, 2018 8:43 am
NNT wrote: Wed Sep 26, 2018 10:14 pm
flipman416 wrote: Wed Sep 26, 2018 10:02 pm
Maxwell wrote: Wed Sep 26, 2018 9:00 pm
flipman416 wrote: Wed Sep 26, 2018 12:29 pm ..my understanding is I can definitely carry in Texas because I obtained my Utah CCW as a non-Texas resident. But since I have now moved, I believe I can still carry in Texas with my Utah CCW, but when it comes time to renew...Utah won't renew it unless I have my Texas CHL. Am I assuming correctly?
I'm curious, did you have to have a California CCW to get your non-resident Utah CCW? :confused5

I did not need my CA CCW to obtain a non resident Utah CCW. The main reason is Utah CCW was not honored in CA, it was primarily used so Californians can carry when traveling to nearby states.
The way I remember it when I was looking at Utah non-resident... if your home state was shall issue, you had to have that first. If your home state is communist, Utah will issue.

hahahahha!! Thats it!!! CA is a "May issue" State.
"Rarely Issue" would be far more accurate. There are sheriffs in the state who both brag on never issuing a permit and run promising never to.

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