GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

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montgomery
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GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#1

Post by montgomery » Tue Nov 12, 2019 1:32 pm

A momma called the shop today on behalf of her 18 year old son seeking a gun safety course. He was caught concealed carrying a handgun without a license and was told he could take a gun safety course to beat the firearms charge.

I never heard of such a thing, can't seem to find anything. For my own edification, does anyone have any info on this? Shop directed the momma to call her attorney in the meantime ...

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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#2

Post by RoyGBiv » Tue Nov 12, 2019 1:39 pm

PC 46.02 makes it a Class A Misdemeanor.
I don't think you can take a class and make that go away.
I am not a lawyer. This is NOT legal advice.!
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montgomery
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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#3

Post by montgomery » Tue Nov 12, 2019 2:09 pm

RoyGBiv wrote:
Tue Nov 12, 2019 1:39 pm
PC 46.02 makes it a Class A Misdemeanor.
I don't think you can take a class and make that go away.
Exactly. I do not believe there is a "defensive driving school" to beat a firearms charge.

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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#4

Post by ScottDLS » Tue Nov 12, 2019 2:37 pm

montgomery wrote:
Tue Nov 12, 2019 2:09 pm
RoyGBiv wrote:
Tue Nov 12, 2019 1:39 pm
PC 46.02 makes it a Class A Misdemeanor.
I don't think you can take a class and make that go away.
Exactly. I do not believe there is a "defensive driving school" to beat a firearms charge.
It would seem to depend on the prosecutor and/or the judge. If they want to waive or defer prosecution based on some class, presumably they can.
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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#5

Post by Beiruty » Tue Nov 12, 2019 2:53 pm

They can reduce the charge or drop the case for a "safety course". It is the judge call.
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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#6

Post by philip964 » Tue Nov 12, 2019 3:03 pm

Maybe if he passed a LTC course?


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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#7

Post by Grayling813 » Tue Nov 12, 2019 3:37 pm

Wonder if the Texas Hunter Education Course would work?

Or, something like this?
https://centraltexasgunworks.com/firear ... ning-class


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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#8

Post by montgomery » Tue Nov 12, 2019 4:37 pm

Beiruty wrote:
Tue Nov 12, 2019 2:53 pm
They can reduce the charge or drop the case for a "safety course". It is the judge call.
Can you cite some authority or provide a link to the class requirements please? I do not want to speculate.

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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#9

Post by Beiruty » Tue Nov 12, 2019 5:13 pm

montgomery wrote:
Tue Nov 12, 2019 4:37 pm
Beiruty wrote:
Tue Nov 12, 2019 2:53 pm
They can reduce the charge or drop the case for a "safety course". It is the judge call.
Can you cite some authority or provide a link to the class requirements please? I do not want to speculate.
I am speculating what the judge can do or DA can recommend. Remember there are exceptions to UCW charge.
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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#10

Post by chasfm11 » Tue Nov 12, 2019 5:14 pm

montgomery wrote:
Tue Nov 12, 2019 4:37 pm
Beiruty wrote:
Tue Nov 12, 2019 2:53 pm
They can reduce the charge or drop the case for a "safety course". It is the judge call.
Can you cite some authority or provide a link to the class requirements please? I do not want to speculate.
My suggestion would be to contact the court with a list of several classes and ask any of them would meet the requirement. I agree that it is probably a judge's discretion. I always think that being pro-active (providing a list of courses) is better than just calling up and asking what would meet the requirement.
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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#11

Post by 03Lightningrocks » Tue Nov 12, 2019 8:39 pm

Maybe I am incorrect but I was under the impression a judge could dismiss charges for any reason he/she chooses. I am not sure if you are saying the court told him to do this or is some lawyer telling him such a class would work in his favor. In this time of anti gun hysteria, I would be amazed to hear any judge would do anything less than throwing the book at this kid.


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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#12

Post by montgomery » Wed Nov 13, 2019 8:20 am

Beiruty wrote:
Tue Nov 12, 2019 5:13 pm
montgomery wrote:
Tue Nov 12, 2019 4:37 pm
Beiruty wrote:
Tue Nov 12, 2019 2:53 pm
They can reduce the charge or drop the case for a "safety course". It is the judge call.
Can you cite some authority or provide a link to the class requirements please? I do not want to speculate.
I am speculating what the judge can do or DA can recommend. Remember there are exceptions to UCW charge.
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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#13

Post by WildBill » Wed Nov 13, 2019 9:55 am

I'll be interested in seeing how this turns out.
I was thinking of another scenario where a gun safety course might help the defense.
What if the gun was in a car that the 18 year old was driving?
Would this be lawful because of the MPA?

I agree that the judge would have some discretion, but he would have to be very generous with his ruling.
It doesn't happen too often, but I have seen judges dismiss charges "in the interest of justice."
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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#14

Post by skeathley » Fri Nov 15, 2019 4:37 pm

I've had 4 or 5 of these, usually for unlawful carry or unlawful discharge. This happens all the time. A lawyer makes a deal with the DA to drop a Class A or B misdemeanor offense to a Class C. The offender takes a gun safety class and pays a fine.

The offender ends up paying about $2G, but does not have a criminal record, and the State saves money on several levels.

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Re: GUN SAFETY COURSE FOR ILLEGAL CONCEALED CARRY?

#15

Post by 03Lightningrocks » Fri Nov 15, 2019 5:03 pm

skeathley wrote:
Fri Nov 15, 2019 4:37 pm
I've had 4 or 5 of these, usually for unlawful carry or unlawful discharge. This happens all the time. A lawyer makes a deal with the DA to drop a Class A or B misdemeanor offense to a Class C. The offender takes a gun safety class and pays a fine.

The offender ends up paying about $2G, but does not have a criminal record, and the State saves money on several levels.

:rules:
Not surprised at all. The courts are all jammed up and if every person charged went to trial it would take about a hundred years to go from arrest to disposition. People get caught drunk driving and get lessor penalties by doing aa or even rehab if it’s the second or third offense. The courts almost have to do this and quite frankly not everyone who gets a charge for a first offense should be jailed. There are already too many low offense people in jail as it is.

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