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HB 1298 and 1299

Posted: Thu Feb 14, 2013 2:44 pm
by Jasonw560
Filed today.

HB 1298 relates to CC at school sponsored functions and on the buses.

HB 1299 relates to prohibiting municipalities from making local laws against carrying knives, pepper spray, or stun guns.

I would link, but it's a pain on my phone.

Re: HB 1298 and 1299

Posted: Fri Feb 15, 2013 2:00 am
by Douva
HB 1298 relating to the carrying of concealed handguns by certain license holders on certain locations associated with a public or private school or educational institution.

HB 1299 relating to municipal regulation of electric stun guns, knives, and personal defense sprays.

Re: HB 1298 and 1299

Posted: Fri Feb 15, 2013 3:38 pm
by Charles L. Cotton
I strongly recommend NOT weighing in on HB1298 at this time. I cannot say more now.

Chas.

Re: HB 1298 and 1299

Posted: Fri Feb 15, 2013 7:29 pm
by longtooth
Charles L. Cotton wrote:I strongly recommend NOT weighing in on HB1298 at this time. I cannot say more now.

Chas.
:thumbs2: I hear this loud & clear. :thumbs2:

Re: HB 1298 and 1299

Posted: Sun Feb 17, 2013 4:58 pm
by smtimelevi
Charles L. Cotton wrote:I strongly recommend NOT weighing in on HB1298 at this time. I cannot say more now.

Chas.
10-4

Re: HB 1298 and 1299

Posted: Tue Feb 19, 2013 9:53 pm
by croc870
ILA is asking people to contact legislators with support now.

Re: HB 1298 and 1299

Posted: Wed Feb 20, 2013 12:10 am
by TrueFlog
So HB 1298 would make it legal to carry at a location where a school is having a field trip (eg. zoo, aquarium, etc.) provided that the CHL holder is not participating in the field trip? That's a step in the right direction, but it seems like an awfully small step. Am I missing something?

Re: HB 1298 and 1299

Posted: Wed Feb 20, 2013 12:34 am
by Douva
TrueFlog wrote:So HB 1298 would make it legal to carry at a location where a school is having a field trip (eg. zoo, aquarium, etc.) provided that the CHL holder is not participating in the field trip? That's a step in the right direction, but it seems like an awfully small step. Am I missing something?
The more-sweeping proposals tend to get the media coverage, but it's often the smaller measures that actually succeed in effecting positive change. Baby steps toward a more-uniform penal code are, at the very least, steps in the right direction.

Re: HB 1298 and 1299

Posted: Wed Feb 20, 2013 1:39 am
by Charles L. Cotton
TrueFlog wrote:So HB 1298 would make it legal to carry at a location where a school is having a field trip (eg. zoo, aquarium, etc.) provided that the CHL holder is not participating in the field trip? That's a step in the right direction, but it seems like an awfully small step. Am I missing something?
It already is legal.

Chas.

Re: HB 1298 and 1299

Posted: Wed Feb 20, 2013 5:49 am
by jmra
Charles L. Cotton wrote:
TrueFlog wrote:So HB 1298 would make it legal to carry at a location where a school is having a field trip (eg. zoo, aquarium, etc.) provided that the CHL holder is not participating in the field trip? That's a step in the right direction, but it seems like an awfully small step. Am I missing something?
It already is legal.

Chas.
Yep. Did one of these :banghead: when I read the bill.

Re: HB 1298 and 1299

Posted: Wed Feb 20, 2013 9:54 am
by MeMelYup
Isn't that why they claim to put 30.06 signs at zoo's? "For school functions."

Re: HB 1298 and 1299

Posted: Wed Feb 20, 2013 10:10 am
by Charles L. Cotton
MeMelYup wrote:Isn't that why they claim to put 30.06 signs at zoo's? "For school functions."
I don't know of any zoos that continue to do this now, but that was the case in the past. The claim was bogus. I agree that the code should be amended, not to change current law, but to clarify current law so that intellectually dishonest people cannot continue to intimidate CHL's. HB1298 in its current form is not the way to go about it. Look for a committee substitute.

Chas.

Re: HB 1298 and 1299

Posted: Wed Feb 20, 2013 1:06 pm
by RottenApple
Charles L. Cotton wrote:
MeMelYup wrote:Isn't that why they claim to put 30.06 signs at zoo's? "For school functions."
I don't know of any zoos that continue to do this now, but that was the case in the past. The claim was bogus. I agree that the code should be amended, not to change current law, but to clarify current law so that intellectually dishonest people cannot continue to intimidate CHL's. HB1298 in its current form is not the way to go about it. Look for a committee substitute.

Chas.
The last time I was at the Dallas Zoo it was properly posted 30.06 (well, not properly because its owned by the city, but the sign was correct verbiage and size). I just carried past because I knew it wasn't valid. Admittedly, that was a bit over a year ago.

Re: HB 1298 and 1299

Posted: Thu Feb 21, 2013 1:49 pm
by SewTexas
I don't think I understand what the purpose of 1298 is? I have taken my son to museums when 'in walks a school trip" :roll: I certainly don't walk out to my car and disarm... I've also gone to places where a trip is already there, there has been no sign, what are they talking about????

Re: HB 1298 and 1299

Posted: Thu Feb 21, 2013 5:34 pm
by Douva
SewTexas wrote:I don't think I understand what the purpose of 1298 is? I have taken my son to museums when 'in walks a school trip" :roll: I certainly don't walk out to my car and disarm... I've also gone to places where a trip is already there, there has been no sign, what are they talking about????
PC Sec. 46.03(a)(1) [emphasis added]:
Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
The wording of the law is ambiguous, to say the least. Charles has made the case that, due to context, this law could not be enforced against someone on non-school property; however, that is not what DPS is currently teaching new instructors, and in turn, that is not what a lot of new instructors are teaching their students. Equally troubling is the fact that the managers of certain public venues have used this law as an excuse to improperly post 30.06 signs on the premises.

PC Sec. 46.03(a)(1) is a poorly worded law that causes unneeded confusion, and it needs to be clarified.