Exactly.Papa_Tiger wrote: ↑Thu May 30, 2019 3:22 pmAs I'm fond of saying, "Mankind couldn't keep one rule, we can't keep 10, what makes you think another one will change that?"
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Return to “Gun Storage programs in Texas?”
- Thu May 30, 2019 5:30 pm
- Forum: 2019 Texas Legislative Session
- Topic: Gun Storage programs in Texas?
- Replies: 29
- Views: 14655
Re: Gun Storage programs in Texas?
- Thu May 30, 2019 1:42 pm
- Forum: 2019 Texas Legislative Session
- Topic: Gun Storage programs in Texas?
- Replies: 29
- Views: 14655
Re: Gun Storage programs in Texas?
I agree, but that is a police training/education issue, not a matter of law. So even if there were legislation positively affirming affirming that storage in a locked container is NOT mandated, there is always going to be a cop somewhere who either thinks he/she knows better than the law....or is simply ignorant of the law. Fortunately, a lot of defense lawyers and judges do agree with me. The law is what it is, and there’s always going to be a bad apple cop somewhere who makes it up as he/she goes along. As long as this is true ... and it has always been true ... there will always be a need for lawyers.Rubicon wrote: ↑Thu May 30, 2019 11:23 amA lot of police don't seem to agree with you.The Annoyed Man wrote: ↑Thu May 30, 2019 10:00 am The law does not make a thing lawful, which is already lawful. That is a basic principle. ALL things are, by default, lawful, unless a law has been passed making it UNlawful.
And I do not mean to imply that all cops are bad apples. Many, probably most, have a healthy respect for and a decent working knowledge of the law at the street level. But humans being imperfect, there’s always going to be one who is more concerned with making arrests than with upholding the Constitution. And that is a police academy or agency training/education issue. There’s already too many damned laws on the books.
And consider this... once there’s a law on the books affirming the legality of a thing, that law can be reversed, and the ignorant would then interpret that to mean that that thing's default status was "unlawful", and that it’s unlawfulness was restored....which defies centuries of legal tradition.
- Thu May 30, 2019 10:00 am
- Forum: 2019 Texas Legislative Session
- Topic: Gun Storage programs in Texas?
- Replies: 29
- Views: 14655
Re: Gun Storage programs in Texas?
The law does not make a thing lawful, which is already lawful. That is a basic principle. ALL things are, by default, lawful, unless a law has been passed making it UNlawful. Subsequent modifications to existing law may restore the lawfulness of a thing either fully or in part, but if no law has previously existed making that thing unlawful, then its lawfulness requires NO positive affirmation under the law. CHL/LTC is a perfect example of this principle. Until a law was passed making it unlawful to carry a handgun in public, it was perfectly legal to do so. After the law making handgun carry illegal was passed, modifications to the law were made which partially restored the legality of it, with conditions.....namely the requirement for a license, then open carry, etc., etc. Constitutional carry - it it is ever passed - would restore the lawfulness of handgun carry to its original status, as described in the state's constitution.DEB wrote: ↑Wed May 29, 2019 8:19 amBut neither does it convey that it is LAWFUL under state law to keep or store a firearm that is loaded or that is readily accessible for self-defense.The Annoyed Man wrote: ↑Tue May 28, 2019 5:32 pm My understanding is that Gov. Abbott has line item veto power? If so, he may well veto that line item so that he can sign the budget bill. In any case:The highlighted part seems to indicate that this "sends a message", but mandates nothing.bblhd672 wrote: ↑Tue May 28, 2019 5:18 pm Received email below from TSRA:
Dear TSRA Members, Family and Friends:
Gun Storage and Fake News
The media has reported a bill passed in the Texas Legislature dealing with firearms storage restrictions.
This is not only misleading, it is untrue, hog-wash, and wrong!
The lines below were added to a budget bill authorizing a relatively small amount of funding for the Texas Department of Public Safety to develop a gun storage safety information campaign.
Currently there is gun storage information on the DPS website and safe gun storage has always been part of other programs such as the LTC class materials.
The exact language of what was included in this portion of the budget bill is below. The underlined language was added to confirm legislative intent and as a safe-guard. It was added by a State Representative, a staunch supporter of Texas gun-rights.
It reads as follows:
Statewide Safe Gun Storage Campaign. Included in the amounts appropriated above in Strategy G.1.1, Headquarters Administration, is $500,000 in fiscal year 2020 and $500,000 in fiscal year 2021 in General Revenue to establish and promote a statewide safe gun storage campaign.
The public awareness campaign shall begin no later than September 1, 2020. The public awareness campaign may include online materials, printed materials, public service announcements, or other advertising media. The public awareness campaign may not convey a message that it is unlawful under state law to keep or store a firearm that is loaded or that is readily accessible for self- defense.
Sincerely,
Alice Tripp
Legislative Director
Texas State Rifle Association
the NRA state affiliate
That is why no positive affirmation is necessary. The right to NOT store a firearm in a safe already exists, because its default status is that it is lawful to not do so, and that status has not been modified by law. Furthermore, the language of the storage bill which I highlighted positively affirms that the storage campaign is forbidden to use language even implying that failure to take part in the campaign's goals would be unlawful.
- Tue May 28, 2019 5:32 pm
- Forum: 2019 Texas Legislative Session
- Topic: Gun Storage programs in Texas?
- Replies: 29
- Views: 14655
Re: Gun Storage programs in Texas?
My understanding is that Gov. Abbott has line item veto power? If so, he may well veto that line item so that he can sign the budget bill. In any case:
The highlighted part seems to indicate that this "sends a message", but mandates nothing.bblhd672 wrote: ↑Tue May 28, 2019 5:18 pm Received email below from TSRA:
Dear TSRA Members, Family and Friends:
Gun Storage and Fake News
The media has reported a bill passed in the Texas Legislature dealing with firearms storage restrictions.
This is not only misleading, it is untrue, hog-wash, and wrong!
The lines below were added to a budget bill authorizing a relatively small amount of funding for the Texas Department of Public Safety to develop a gun storage safety information campaign.
Currently there is gun storage information on the DPS website and safe gun storage has always been part of other programs such as the LTC class materials.
The exact language of what was included in this portion of the budget bill is below. The underlined language was added to confirm legislative intent and as a safe-guard. It was added by a State Representative, a staunch supporter of Texas gun-rights.
It reads as follows:
Statewide Safe Gun Storage Campaign. Included in the amounts appropriated above in Strategy G.1.1, Headquarters Administration, is $500,000 in fiscal year 2020 and $500,000 in fiscal year 2021 in General Revenue to establish and promote a statewide safe gun storage campaign.
The public awareness campaign shall begin no later than September 1, 2020. The public awareness campaign may include online materials, printed materials, public service announcements, or other advertising media. The public awareness campaign may not convey a message that it is unlawful under state law to keep or store a firearm that is loaded or that is readily accessible for self- defense.
Sincerely,
Alice Tripp
Legislative Director
Texas State Rifle Association
the NRA state affiliate