HB 1815--SIGNED INTO LAW 6-15-07!!!

[Liberty]

While the real implications of HB2112 aren't that interesting, I do find the maneuvering and trickery involving HB2112 pretty fascinating. It's a good example of how our Legislative process works.

HB1815 is not just a good law for us, but I think it might be even more significant than what is initially apparent.

It essentially puts Chuck Rosenthal on the carpet, and calls into question his judgement as a lawyer. (maybe I'm watching to much Nifong today)

It could have an effect on the number of CHL applications either way.

I think it might allow us to keep otherwise illegal knives and guns in our autos.

What does the travelling law really mean anymore? I think one thing it might mean is if one is driving distance and places a handgun on the front exposed they are within the law.

We will be discussing and trying to figure out the implications of this for quite a while.

My viewpoint on 2112 has to do with some of the "other" community I am involved with. My wife works in a school as a "para-professional" and we associate with lots of other school employees, both teachers and support staff. My wife's school district has chosen to post (non-compliant) 30.06 signage, which is somewhat disturbing to those who have CHLs.

My contention initially was that since the signs were non-compliant, they should be able to be ignored, but as some here have pointed out, there is always that "intent" thing to worry about. Having talked to some of the "officials" in the school district I feel that they are likely to persue prosecution of anyone caught carrying under the authority of the CHL statutes, they even deny that their signs are not compliant - seems to me that they can't read.

Of course many of us consider postings by ISDs under 46.03/46.035, but others see ISDs as "independent" and therefore not covered by the change in the law as of 2003.

I think it is indisputable that they are not independant of the being a tax supported government entity. but thats probably a discussion for another thread,

Yes, 2112 is mostly a feel good bill and has little meaning to the vast majority of CHL holders, but combine it with 1815 and eliminate those questionable 30.06 signs and we have school employees and visitors who can feel comfortable taking guns to the school parking lots, where history has shown they can make positive contributions in stopping potential school massacres.

2112 as originally submitted would have been horrible, and if just defeated would probably have been resubmitted with the same or similar language, but as passed it got the support of the teachers' organizations and may serve to defuse future efforts in that direction.

There is a humorous side to 2112 in that the antis in the teachers union haven't figured out what 2112 really is. They were touting it as a victory, apparently they didn't understand the modifications on this.

[frankie_the_yankee]

So with the passage of HB1815, does it mean that ALL 30.06 parking lot signage is rendered irrelavent?

I have a CHL. But I am also a law-abiding Texan who is committing no other crime at the moment. And I enter a parking lot with compliant 30.06 signage. My gun remains concealed. My view would be that I stopped carrying under my CHL when I entered the parking lot, and STARTED carrying under HB1815 at the same moment.

So I am not committing 30.06 trespass, and am also not committing any other crime.

If I leave the car, the gun stays concealed inside the car. I'm still fully legal.

As long as I am not an employee of the idiotic place that posted the signs, I think I'm perfectly OK.

Could a cop or prosecutor pick and choose which statute I am carrying under, or do I get to make that choice?

[stevie_d_64]

So with the passage of HB1815, does it mean that ALL 30.06 parking lot signage is rendered irrelavent?

I have a CHL. But I am also a law-abiding Texan who is committing no other crime at the moment. And I enter a parking lot with compliant 30.06 signage. My gun remains concealed. My view would be that I stopped carrying under my CHL when I entered the parking lot, and STARTED carrying under HB1815 at the same moment.

So I am not committing 30.06 trespass, and am also not committing any other crime.

If I leave the car, the gun stays concealed inside the car. I'm still fully legal.

As long as I am not an employee of the idiotic place that posted the signs, I think I'm perfectly OK.

Could a cop or prosecutor pick and choose which statute I am carrying under, or do I get to make that choice?

Figure this one out...

Remember our recent N/D at a recent Houston gunshow???

The guy ended up only being charged with one count of "deadly conduct", a misdemeanor...

With all the things he violated going into a gunshow with a weapon that ended up having a round chambered while "clearing" the weapon before he intended to hand it to another person...

Obvious the 30.06, and the desire of the gunshow promoters to not have loaded weapons inside the premises...

I have to wonder why it only ended up being a misdemeanor offence, and the only reason was that the gun went off during a clearing exercise, which is what we do as a common safety courtesy for others who wish to handle our firearms...

Interesting how these things pan out...

[CWOOD]

So with the passage of HB1815, does it mean that ALL 30.06 parking lot signage is rendered irrelavent?

I have a CHL. But I am also a law-abiding Texan who is committing no other crime at the moment. And I enter a parking lot with compliant 30.06 signage. My gun remains concealed. My view would be that I stopped carrying under my CHL when I entered the parking lot, and STARTED carrying under HB1815 at the same moment.

So I am not committing 30.06 trespass, and am also not committing any other crime.

If I leave the car, the gun stays concealed inside the car. I'm still fully legal.

As long as I am not an employee of the idiotic place that posted the signs, I think I'm perfectly OK.

Could a cop or prosecutor pick and choose which statute I am carrying under, or do I get to make that choice?

Frankie makes some interesting points. Unfortunately, at this point, we can only GUESS at what the result would be. Until there is case law, which means until there is some poor citizen prosecuted, there will be no definitive answer. So much of the CHL law has yet to develop much case law because we, as a group, are so law abiding.

[KBCraig]

Of course many of us consider postings by ISDs under 46.03/46.035, but others see ISDs as "independent" and therefore not covered by the change in the law as of 2003.

They're independent of the cities or counties, but they're still government. And being government, any 30.06 notices they post are irrelevant.

[stroo]

I am really happy with 1815. My wife works in a relatively bad area and I have been trying to get her to get a CHL. Unfortunately she just can't bring herself to do it. She would however like to have a gun in her truck. Up to now I have put a shotgun in with her but it isn't real accessible and I don't think she would ever get to it if there was trouble. Now, or at least after September 1, I can put her favorite gun, a 44 special, in the truck in an accessible place. Still not as good as a CHL but a lot better than the current situation.