HB1815 vs. 30.06 question

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FlynJay
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Re: HB1815 vs. 30.06 question

#16

Post by FlynJay » Wed Dec 03, 2008 3:46 pm

k5dmb wrote:If a CHL holder left the gun in their car (let's say in the console) and a 'gun-sniffing' dog detected it, it wouldn't be 'on or about your person' so neither 30.05 (since he's a CHL holder) nor 30.06 would apply. Wouldn't they need to catch you in the car?

Of course, you're still potentially fired.

(Grasshopper waits for enlightenment)
Even if you were in the car it wouldn't be considered "on or about your person", because it is either not in the passegener cabin or in a locked case.
I would not consent to a search.

Of course, this is one of those bleeding to death on the cutting edge of the law situations.
IANAL, what I write should not be taken as Legal Advice.
"Why I may disagree with what you say, I’ll fight to the death your right to say it."

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barres
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Re: HB1815 vs. 30.06 question

#17

Post by barres » Wed Dec 03, 2008 5:02 pm

FlynJay wrote:
k5dmb wrote:If a CHL holder left the gun in their car (let's say in the console) and a 'gun-sniffing' dog detected it, it wouldn't be 'on or about your person' so neither 30.05 (since he's a CHL holder) nor 30.06 would apply. Wouldn't they need to catch you in the car?

Of course, you're still potentially fired.

(Grasshopper waits for enlightenment)
Even if you were in the car it wouldn't be considered "on or about your person", because it is either not in the passegener cabin or in a locked case.
I would not consent to a search.

Of course, this is one of those bleeding to death on the cutting edge of the law situations.
Um, he said, "Let's say in the console." That is considered to be on or about your person for the driver of a vehicle. If you can reach it from the driver's seat, it is on or about your person, legally speaking.
Remember, in a life-or-death situation, when seconds count, the police are only minutes away.

Barre


FlynJay
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Re: HB1815 vs. 30.06 question

#18

Post by FlynJay » Wed Dec 03, 2008 8:20 pm

You're right, I had locked case on the brain. In this situation, It would be prudent not to leave it in the console and secure it in the trunk or a locked case.
IANAL, what I write should not be taken as Legal Advice.
"Why I may disagree with what you say, I’ll fight to the death your right to say it."

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Liberty
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Re: HB1815 vs. 30.06 question

#19

Post by Liberty » Wed Dec 03, 2008 8:57 pm

Charles L. Cotton wrote:If any verbal statement is made to the effect that guns aren't allowed on the property, then that's sufficient notice to a CHL for purposes of TPC §30.06 and it is sufficient notice to a non-CHL for purposes of TPC §30.05.

Now comes a rather interesting distinction. As we know, only TPC §30.06 can be used to prosecute a CHL for trespass, if the sole reason for exclusion is the fact that the CHL has a handgun. If the handgun is stored in the truck of your car before driving onto the property, then you aren't carrying a handgun "on or about your person." The CHL could be fired, but not prosecuted under TPC §30.06. They can't be prosecuted under TPC §30.05, because it doesn't apply to a CHL, if the reason for exclusion is the fact that the CHL has a handgun. Rather interesting little twist, isn't it?

Chas.
A very useful twist for anyone who might have to visit plants that are often posted.
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