Read and vote please maybe not this year but....
http://www.wfaa.com/sharedcontent/dws/w ... 9a5ce.html
Gov. Perry... OK to carry anywhere in TX.
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jimlongley
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wjmphoto
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I have to say that I disagree. Businesses do no have the right to discriminate against a law abiding citizen. The only thing that they do have the right to do is restrict an employee from carrying a weapon while on the premises (not in the parking lot) and even that makes me uncomfortable beause it does leave those same employees at risk when leaving work at late hours. The only businesses that should be allowed to restrict carry of firearms are businesses that serve alcohol. Alcohol and guns go together about as well as alcohol and vehicles. Neither vehicles nor guns should be used by someone who chooses to drink alcohol.135boomer wrote:For the most part, I like the idea. However, I don't think we should carry in a courtroom. I also think a business owner should have the right to post his place of business. Of course, the latter tells me to spend my money somewhere else!
i just find it funny how they cant seem to understand that the criminals are going to break the law no matter what the signs say. all the current laws just keep the law abiding citizens from protecting themselves, in certain places.
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
~Benjamin Franklin
~Benjamin Franklin
Y'all really need to understand the history behind 30.06.
Property owners in Texas have a long-established right to restrict entry or behavior. "No shirt no shoes no service" is a good example. And that should be their right: a business owner telling me I can't carry a firearm there is every bit his right, just the same as me telling a salesman or unwelcome missionary that he has to get off my porch and out of my yard.
Texas has long respected trespass laws. When the CHL law passed in 1995, Texas recognized the right of property owners to ban handguns from their property, and those who didn't abide by that were subject to trespass laws. That's fine, but pre-existing law said that criminal trespass while carrying a "deadly weapon" was a serious offense. PC 30.05(d) raised the offense from a Class C misdemeanor (fine only) to Class A misdemeanor (up to 1 year in jail).
That made the stakes much higher for CHL holders. Someone who refused to leave a store for being bare-chested would face the equivalent of a traffic ticket. Someone who carried where posted would face loss of their license, a big fine, and up to a year in jail.
Now add the fact that "sufficient notice" wasn't defined, and would be case-by-case. It was a nightmare waiting to happen. Thus, PC 30.06, which specified the required signage and the new offense of "unlawful carry by a license holder". It was still a serious offense, but it was hard to do it accidentally.
The cure for all of this isn't to modify 30.06; the cure is to change 30.05(d) so that CHLs no longer face an enhanced penalty if found guilty of criminal trespass. That section was meant to be a penalty enhancer for criminals carrying deadly weapons while committing their crimes; 30.06 was enacted to avoid getting CHLs sucked into that same penalty trap.
Just as the "traveling presumption" failed to address the root of the problem, PC 30.06 offered a convoluted solution to PC 30.05(d) and 30.05(e)(3), by introducing 30.05(f). The better solution would be to eliminate the seriously enhanced penalty, and then not worry about big ugly 30.06 signs, and not fret "sufficient" notice.
If we did that, then "concealed means concealed" would apply, and a business owner saying, "Hey! Is that a gun under your shirt? You have to leave!" would be no different that saying "Hey! You have to put shoes on, or leave!" Neither would have any criminal penalty attached unless repeated in front of LEO, and the subject still refused to leave; even then, it would be a Class C misdemeanor.
Kevin
Property owners in Texas have a long-established right to restrict entry or behavior. "No shirt no shoes no service" is a good example. And that should be their right: a business owner telling me I can't carry a firearm there is every bit his right, just the same as me telling a salesman or unwelcome missionary that he has to get off my porch and out of my yard.
Texas has long respected trespass laws. When the CHL law passed in 1995, Texas recognized the right of property owners to ban handguns from their property, and those who didn't abide by that were subject to trespass laws. That's fine, but pre-existing law said that criminal trespass while carrying a "deadly weapon" was a serious offense. PC 30.05(d) raised the offense from a Class C misdemeanor (fine only) to Class A misdemeanor (up to 1 year in jail).
That made the stakes much higher for CHL holders. Someone who refused to leave a store for being bare-chested would face the equivalent of a traffic ticket. Someone who carried where posted would face loss of their license, a big fine, and up to a year in jail.
Now add the fact that "sufficient notice" wasn't defined, and would be case-by-case. It was a nightmare waiting to happen. Thus, PC 30.06, which specified the required signage and the new offense of "unlawful carry by a license holder". It was still a serious offense, but it was hard to do it accidentally.
The cure for all of this isn't to modify 30.06; the cure is to change 30.05(d) so that CHLs no longer face an enhanced penalty if found guilty of criminal trespass. That section was meant to be a penalty enhancer for criminals carrying deadly weapons while committing their crimes; 30.06 was enacted to avoid getting CHLs sucked into that same penalty trap.
Just as the "traveling presumption" failed to address the root of the problem, PC 30.06 offered a convoluted solution to PC 30.05(d) and 30.05(e)(3), by introducing 30.05(f). The better solution would be to eliminate the seriously enhanced penalty, and then not worry about big ugly 30.06 signs, and not fret "sufficient" notice.
If we did that, then "concealed means concealed" would apply, and a business owner saying, "Hey! Is that a gun under your shirt? You have to leave!" would be no different that saying "Hey! You have to put shoes on, or leave!" Neither would have any criminal penalty attached unless repeated in front of LEO, and the subject still refused to leave; even then, it would be a Class C misdemeanor.
Kevin
Last edited by KBCraig on Wed May 02, 2007 3:57 pm, edited 1 time in total.
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BrassMonkey
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gregthehand
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I wrote my state rep in regards to this statement:
Mr. Creighton,
I wanted to write you in support of Governor Perry’s recent comments regarding Concealed Handgun Licensees being able to carry in more, if not alle, places in the Great State of Texas. I am very enthusiastic that our leadership so far has been very supportive of issues regarding the rights of citizens to self-defense. I believe that the Governor’s comment was accurate, and coincides with how the majority of Texans feel about this topic. This is proved by recent polls conducted by news channels in response to the comments, placing 72% of those polled in favor of CHL holders being able to carry everywhere in the State. In at least one other state in this country responsible citizens are allowed to carry in a place that is outlawed here in Texas. In none of these cases does this cause any problems. I understand that some will feel that this will allow those of us with a CHL to run “un-checked�, but I and most others believe it will provide us with nothing more than a tool to defend ourselves should a bad situation arise. I would hope that our politicians would never want to hear (again) from the citizens of Texas that someone’s life was cut short because they could not carry a weapon into an area where those who seek to do others harm carries anyway. We are responsible citizens, who have been informed of the law and continue to follow it on a day-to-day basis, not a dangerous mob in need of constant supervision and control. Thank you in advance for taking the time to read this letter and thank you for serving The State of Texas and its citizens.
Sincerely,
Greg White
Mr. Creighton,
I wanted to write you in support of Governor Perry’s recent comments regarding Concealed Handgun Licensees being able to carry in more, if not alle, places in the Great State of Texas. I am very enthusiastic that our leadership so far has been very supportive of issues regarding the rights of citizens to self-defense. I believe that the Governor’s comment was accurate, and coincides with how the majority of Texans feel about this topic. This is proved by recent polls conducted by news channels in response to the comments, placing 72% of those polled in favor of CHL holders being able to carry everywhere in the State. In at least one other state in this country responsible citizens are allowed to carry in a place that is outlawed here in Texas. In none of these cases does this cause any problems. I understand that some will feel that this will allow those of us with a CHL to run “un-checked�, but I and most others believe it will provide us with nothing more than a tool to defend ourselves should a bad situation arise. I would hope that our politicians would never want to hear (again) from the citizens of Texas that someone’s life was cut short because they could not carry a weapon into an area where those who seek to do others harm carries anyway. We are responsible citizens, who have been informed of the law and continue to follow it on a day-to-day basis, not a dangerous mob in need of constant supervision and control. Thank you in advance for taking the time to read this letter and thank you for serving The State of Texas and its citizens.
Sincerely,
Greg White
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