HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

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kg5ie
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HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#1

Post by kg5ie » Thu Jan 31, 2019 8:56 am

OL, I am confused. The wife says that happens often.

This bill removes the words "church, synagogue, etc. both from 46.035 B,G, and I.

Is the intent to remove the ability of churches to post? The news is reporting that the intent is to allow carry in church. It is, but they are telling it as though it is illegal now. We know it is illegal to carry if the church is posted.


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Last edited by kg5ie on Thu Jan 31, 2019 10:32 am, edited 1 time in total.
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HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#2

Post by Papa_Tiger » Thu Jan 31, 2019 9:23 am

https://capitol.texas.gov/BillLookup/Hi ... ill=HB1231
https://capitol.texas.gov/BillLookup/Hi ... Bill=SB535

Removes places of worship from the places off limits to LTC holders under 46.035. This cleans up language that made 46.035 not apply if LTC holders were not given effective notice under 30.06 or 30.07.

In other words, this law maintains the status quo for LTC holders in places of worship and reduces the chances that you will take a ride because of a misinformed officer.

Many people miss 46.035 (i) which states that the off limits locations in 46.035 (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

This bill also reduces the penalty for a violation of 46.035 (b)(4), (b)(5) and (c) to be in line with 30.06/7 violations.

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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#3

Post by kg5ie » Thu Jan 31, 2019 10:17 am

Papa_Tiger wrote:
Thu Jan 31, 2019 9:23 am
https://capitol.texas.gov/BillLookup/Hi ... ill=HB1231
https://capitol.texas.gov/BillLookup/Hi ... Bill=SB535

Removes places of worship from the places off limits to LTC holders under 46.035. This cleans up language that made 46.035 not apply if LTC holders were not given effective notice under 30.06 or 30.07.

In other words, this law maintains the status quo for LTC holders in places of worship and reduces the chances that you will take a ride because of a misinformed officer.

Many people miss 46.035 (i) which states that the off limits locations in 46.035 (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

This bill also reduces the penalty for a violation of 46.035 (b)(4), (b)(5) and (c) to be in line with 30.06/7 violations.

If that's the reasoning, then why not remove all of the places listed in the "I" exceptions?
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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#4

Post by RoyGBiv » Thu Jan 31, 2019 10:51 am

kg5ie wrote:
Thu Jan 31, 2019 10:17 am
Papa_Tiger wrote:
Thu Jan 31, 2019 9:23 am
https://capitol.texas.gov/BillLookup/Hi ... ill=HB1231
https://capitol.texas.gov/BillLookup/Hi ... Bill=SB535

Removes places of worship from the places off limits to LTC holders under 46.035. This cleans up language that made 46.035 not apply if LTC holders were not given effective notice under 30.06 or 30.07.

In other words, this law maintains the status quo for LTC holders in places of worship and reduces the chances that you will take a ride because of a misinformed officer.

Many people miss 46.035 (i) which states that the off limits locations in 46.035 (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

This bill also reduces the penalty for a violation of 46.035 (b)(4), (b)(5) and (c) to be in line with 30.06/7 violations.

If that's the reasoning, then why not remove all of the places listed in the "I" exceptions?
I believe (my opinion only) there's a growing consensus that places of worship can be "targets" for disturbed individuals and in response, those places are becoming more active in self-protection. Taking them out of the "off limits if posted" section of the law is a nod to this trend and cleans up any chance for misunderstanding. The rest of (i) involves 51% locations, hospitals and prisons, etc., which seem appropriate to leave in (although I would disagree).
I am not a lawyer. This is NOT legal advice.!
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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#5

Post by Papa_Tiger » Thu Jan 31, 2019 11:21 am

RoyGBiv wrote:
Thu Jan 31, 2019 10:51 am
I believe (my opinion only) there's a growing consensus that places of worship can be "targets" for disturbed individuals and in response, those places are becoming more active in self-protection. Taking them out of the "off limits if posted" section of the law is a nod to this trend and cleans up any chance for misunderstanding. The rest of (i) involves 51% locations, hospitals and prisons, etc., which seem appropriate to leave in (although I would disagree).
This law cleans up the language around places of worship and reduces the penalty for 46.035 (b)(4), (b)(5), and (c) violations.

Currently if you violate a 30.06/07 sign posted at a location covered under 46.035 (b)(4), (b)(5), (b)(6), and (c) it is a Class A misdemeanor.

If you violate a 30.06/07 sign at a location that is not listed in 46.035 (b)(4), (b)(5), (b)(6), and (c), then it is just a class C, unless it is shown at trial that you were given oral notice and failed to depart. In that case it is a Class A misdemeanor.

This bill makes places of worship just another location that you can't carry if posted and turns 46.035 (b)(4), (b)(5), and (c) into a normal 30.06/07 violation rather than automatically being a Class A misdemeanor.

Honestly, I don't understand why they wouldn't remove (b)(5) (Amusement parks) from the restricted locations as well and just have them covered under the normal 30.06/07 laws. (b)(4) and (c) allow the government to post certain locations which they would otherwise be prohibited from posting, but I'm unaware of any government owned Amusement Parks outside of the Dallas Zoo...

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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#6

Post by SewTexas » Thu Jan 31, 2019 12:04 pm

I got notices on FB....I didn't understand, came here to see what it all meant,
it looks like it just keeps everything the same, but just cleans up the language?
~Tracy
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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#7

Post by Papa_Tiger » Thu Jan 31, 2019 1:09 pm

SewTexas wrote:
Thu Jan 31, 2019 12:04 pm
I got notices on FB....I didn't understand, came here to see what it all meant,
it looks like it just keeps everything the same, but just cleans up the language?
And lessens penalties for certain other infractions. Overall a good bill in my opinion.

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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#8

Post by KLB » Thu Jan 31, 2019 1:46 pm

Come next June we'll know what's vapor and what's real.

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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#9

Post by SewTexas » Thu Jan 31, 2019 4:32 pm

her FB page is rather interesting...I honestly think it might have been better to just have kept quiet on this one. I don't know, maybe I'm wrong....
~Tracy
Gun control is what you talk about when you don't want to talk about the truth ~ Colion Noir


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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#10

Post by Scott Farkus » Thu Jan 31, 2019 5:22 pm

kg5ie wrote:
Thu Jan 31, 2019 10:17 am
If that's the reasoning, then why not remove all of the places listed in the "I" exceptions?
My thoughts exactly.

Pretty much the entirety of the carry statutes need to be rewritten.

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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#11

Post by mojo84 » Fri Apr 05, 2019 4:34 pm

https://myemail.constantcontact.com/Act ... 368XrX_lzc
House Committee on Criminal Jurisprudence


Monday, April 8th
2:00 or on adjournment from Floor session
Room: E2.012
Come early to register and find parking

We need impact testimony on the bill listed below:

Support HB 1231 by Rep, Dan Flynn (R-Vann)
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.


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Re: HB 1231 / SB 535 - Places of Worship No Longer Off Limits by Statute

#12

Post by NotRPB » Mon Apr 08, 2019 8:28 pm

mojo84 wrote:
Fri Apr 05, 2019 4:34 pm
https://myemail.constantcontact.com/Act ... 368XrX_lzc
House Committee on Criminal Jurisprudence


Monday, April 8th
2:00 or on adjournment from Floor session
Room: E2.012
Come early to register and find parking

We need impact testimony on the bill listed below:

Support HB 1231 by Rep, Dan Flynn (R-Vann)
Video Link of live legislative hearing
Michael Cargil just testified
Rick Briscoe on now
http://tlchouse.granicus.com/MediaPlaye ... nt_id=4869

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