TexasCHLforum.com

Welcome to the Texas Statutes, where important terms are left undefined all the time

Before 2007, the most important term that was left undefined was 'traveling'. Case law provided a few examples of what Judges thought it meant, but it was nowhere near uniform.
The 2007 MPA pretty much solved the issue of carrying a weapon in a vehicle, but Still did not define traveling. It currently still sits undefined, in 46.15, as an exemption to 46.02.

Just another reason why you should never talk to cops or interact with them in any way if at all possible.

They have too much arbitrary power and you never know if they are itching to use it on you.

Seems to me any undefined terms should be interpreted in the widest definition possible in favor of the defendant. "Traveling" means, literally, moving one's person from one location to another. In a moving car? -- Traveling! Walking to Grandma's house? -- Traveling. Sitting in an office chair, scooting if from one room to another? -- traveling!

Of course, I guess they could get you at a stop light, or even after pulling you over... No movement, not traveling!

Frost wrote:Just another reason why you should never talk to cops or interact with them in any way if at all possible.

They have too much arbitrary power and you never know if they are itching to use it on you.

And they get even more power with things like red-light (s)cameras. Cops better be careful, technology could put them out of a job! And just mail your fine in to the government, thank you very much! No right to confront your accuser, etc.

You impress City Governments by taking some of their money.
Get a good lawyer and take some of their money.
That will impress on them to train their officers to know the law.

Jungle Work

If they stopped him on false pretenses anything they find as a result of the search is null and void in court (Fruit of the poisoned tree)

So , If he had a pistol or a rifle stored in a safe place ,he would have been arrested Too ? I just dont get it ! Hell ! a buddy of mine at garland PD told me you can have a pistol or a rifle in your car as long as you dont have a record or in a gang, or look like your in a gang...or drunk...stoned.....or insane , you just cant have it outside your car concealed without a CHL .But pepper spray ! Come on ! At the time I didnt believe him untill I looked it up .Allthough he did tell me to do it at my own risk because he knew of a DPS officer who arrested a man who had the same thing happen to him as pepper boy, except he found a pistol while searching the vehicle, and just because he didnt like the way he looked , the man went to jail . It just depends on who pulls you over these days. The few cop friends I have around east texas literally brag about giving people a hard time, and they'll tell you this over a beer like its normal or no big deal . I know (2) out of (4) who I could easily say are True Law officers. The other 2 should NOT be in uniform .

Cooper wrote:a buddy of mine at garland PD told me you can have a pistol or a rifle in your car as long as you dont have a record or in a gang, or look like your in a gang...or drunk...stoned.....or insane , you just cant have it outside your car concealed without a CHL .But pepper spray ! Come on ! At the time I didnt believe him untill I looked it up .Allthough he did tell me to do it at my own risk because he knew of a DPS officer who arrested a man who had the same thing happen to him as pepper boy, except he found a pistol while searching the vehicle, and just because he didnt like the way he looked , the man went to jail . It just depends on who pulls you over these days. The few cop friends I have around east texas literally brag about giving people a hard time, and they'll tell you this over a beer like its normal or no big deal . I know (2) out of (4) who I could easily say are True Law officers. The other 2 should NOT be in uniform .

Welcome to the forum....

Wasp/hornet spray is not illegal and will squirt 20-30 feet - think about that for awhile. It's about the size of a can of hairspray.

ITMT, the arresting LEO makes the charge of whatever. You have the constitutional right to demonstrate/prove your innocence - at your expense. Is this a great country or what?

Oldgringo wrote:Wasp/hornet spray is not illegal and will squirt 20-30 feet - think about that for awhile. It's about the size of a can of hairspray.

Read the label on wasp spray. "It is a violation of federal law to use this product in a manner inconsistent with its labeling." That means spraying anything except insects.

-flylow

edited to add: arise somewhat dead thread...for important information.

I've sprayed wasp spray on wasps and they chased me, but tossing a cup of gasoline on them makes them drop like flies.

I've read and heard about wasp spray for self defense, but I'd want more proof before I relied on it.
http://urbanlegends.about.com/od/crime/a/wasp_spray.htm" onclick="window.open(this.href);return false;
"One reader who accidentally received a dose of wasp spray while using it around his home told me he was surprised at how little irritation he felt. "A gust of wind caused a good splash of the spray to come right back into my right eye," he wrote. "I panicked and started to run to a source of water, only to find there was no adverse reaction at all, no more than being squirted with a water pistol. It took me at least ten seconds to get to the water, and I rinsed it off, and never felt anything from it.""

I'd be more confident with hair spray and lighter flame thrower than with wasp spray

I also wonder if Wasp Spray, being a POISON, might be using "deadly force" after all, you are intentionally attempting to poison a person... using a poison against a person, whereas throwing food/pepper, in an attacker's face is just use of force... may as well use a gun, it reaches farther than the 25 feet wasp spray can go and much more accurately.

Anyone depending on hitting an attacker 30 feet away in the eyes with wasp spray needs to inform the attacker to please not blink reflexively.

Anyone that accurate with wasp spray could just shoot the bad guy's weapon out of his hand or even better, graze his trigger finger with one of those velvet covered rubber bullets, so no permanent damage is done to the poor attacker.

Since "large" pepper sprays are illegal, I disposed of any I considered bigger than needed, and may buy 100 "small" ones.

I wonder if they were all emptied into a yard sprayer like to spray weeds/exterminators use, if that becomes one "large", probably does, guess I wont do that, would be too heavy for belt carry anyway.

There are peppers that are hotter than jabenero, I know a guy growing some, maybe I'll just make my own hot sauce to carry in a cloraseptic type throat sprayer or old 409/Windex sprayer set to "stream" to add to whatever food I may get for dinner.

A lawsuit against that city and PD would do wonders for the LEO Training in that town. I would at least ask for my legal fees back.

I'll agree with the poster who said to the Police and the DA on this one.

A friend, who was a Michigan State Trooper for 20 years used to say - "You may beat the rap, but you won't beat the ride." If they want to find something to take you in on, they're going to find something to take you in on.

He always used to tell me, you say yes sir, no sir - and answer direct questions with direct answers - always being honest in whatever you choose to say, but offering nothing that wasn't specifically asked if at all possible.