HB435 Volunteer Emergency Svces Carrying

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Flightmare
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Re: HB435 Volunteer Emergency Svces Carrying

Postby Flightmare » Fri May 26, 2017 2:47 pm

parabelum wrote:I didn't see Pelosi's house mentioned on that list. Oh well.


I thought the house landed ON her.

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The Dude
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Re: HB435 Volunteer Emergency Svces Carrying

Postby The Dude » Fri May 26, 2017 4:39 pm

RossA wrote:So if we start a "volunteer militia" and the charter documents say that we exist to provide services for the benefit of the general public during emergencies, members would fall under this law?

It looks like that would comply with the black letter law. Calling it a militia might invite unwanted attention but a neighborhood emergency response fellowship might sound softer.
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Re: HB435 Volunteer Emergency Svces Carrying

Postby RoyGBiv » Fri May 26, 2017 4:56 pm

ELB wrote:
RoyGBiv wrote:Question.... Assuming the Gov signs the Bill, does it become effective immediately??
I seem to recall that if a Bill passes with XX % of the vote it becomes effective upon the Gov's signing...

Final tally in the House was 136/9/2 - 92.5%
Final tally in the Senate was 28/3 - 90.3%


I think the bill has to state that it takes effect immediately upon signing if passed by 2/3 of the House and 2/3 of the Senate. This bill states only that it will take effect on 01 Sep 17.

Thanks!
Couldn't recall how that worked.

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Re: HB435 Volunteer Emergency Svces Carrying

Postby TreyHouston » Fri May 26, 2017 9:53 pm

The Dude wrote:
RossA wrote:So if we start a "volunteer militia" and the charter documents say that we exist to provide services for the benefit of the general public during emergencies, members would fall under this law?

It looks like that would comply with the black letter law. Calling it a militia might invite unwanted attention but a neighborhood emergency response fellowship might sound softer.


Why don't you actually join the TXSG? We have a lot of fun!

Also, just to be clear. A TXSG member is no longer affected by 30.06 or 30.07 at all, on duty or not?
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Re: HB435 Volunteer Emergency Svces Carrying

Postby TexasJohnBoy » Fri May 26, 2017 10:55 pm

TreyHouston wrote:
The Dude wrote:
RossA wrote:So if we start a "volunteer militia" and the charter documents say that we exist to provide services for the benefit of the general public during emergencies, members would fall under this law?

It looks like that would comply with the black letter law. Calling it a militia might invite unwanted attention but a neighborhood emergency response fellowship might sound softer.


Why don't you actually join the TXSG? We have a lot of fun!

Also, just to be clear. A TXSG member is no longer affected by 30.06 or 30.07 at all, on duty or not?

I wonder if the state guard would be a volunteer emergency force or if they fall more in line as a militia? It's a volunteer force, who responds to emergencies in the state, but it's organized like a military unit, kinda sorta...

Isn't ambiguity in written law fun?

http://www.capitol.state.tx.us/tlodocs/ ... navpanes=0

30.06 and 30.07 now have a defense to prosecution if you're a volunteer emergency services provider.
46.02 and 46.03 do not apply to volunteer emergency services personnel while engaged in providing emergency services.
46.035 now has a defense to prosecution if you are emergency services personnel engaged in providing emergency services.
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Re: HB435 Volunteer Emergency Svces Carrying

Postby Liberty » Sat May 27, 2017 6:35 am

This should cover Red Cross workers and Salvation Army Troops.
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Re: HB435 Volunteer Emergency Svces Carrying

Postby gljjt » Sat May 27, 2017 7:58 am

If you interpret the bill literally, it applies to "everyone" as long as they "volunteer" for service during emergencies. There is no distinction that I see between organized and individual entities. The only difference is the FF/EMT has an ID card and the individual has only their word. Get an ARC ID and your covered as I read it. I suspect that LE/DA may disagree.


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Re: HB435 Volunteer Emergency Svces Carrying

Postby gljjt » Sat May 27, 2017 8:17 am

TreyHouston wrote:
Also, just to be clear. A TXSG member is no longer affected by 30.06 or 30.07 at all, on duty or not?



For Texas Army National Guard, Texas Air National Guard and Texas State Guard:

No OC in uniform so 30.07 is irrelevant for on duty. Only OC in uniform is with issued weapons.

This isn't law, yet, so 30.06 / 30.07 applies off duty and 30.06 applies on duty.

If this becomes law, I don't know what will happen!

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Re: HB435 Volunteer Emergency Svces Carrying

Postby parabelum » Sat May 27, 2017 10:51 am

As I was walking into HEB this morning....reluctantly....I thought about something. Presume this bill becomes a law, which it looks like it will, after Sep. 1, I could walk into HEB while carrying open and if a manager or an employee advised me of no open carry then what? Inform them that I'm covered under the new law? Show my Fire/EMS ID? CERT ID? Just continue to CC there only (likely what I will do)?

How is this new information going to be disseminated amongst business posted as 06 or 07 or both? Will they even know (my suspicion is not)?

Amend the 06&07 signs to include "unless dot dot dot personnel..."?

Do I now get a special badge? :smilelol5:
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Re: HB435 Volunteer Emergency Svces Carrying

Postby Liberty » Sat May 27, 2017 11:00 am

They can always ask you to leave. Refusal would be tresspassing.
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Re: HB435 Volunteer Emergency Svces Carrying

Postby parabelum » Sat May 27, 2017 11:04 am

Right. I was wondering about some of the more sensible options...
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Re: HB435 Volunteer Emergency Svces Carrying

Postby ScottDLS » Sat May 27, 2017 11:21 am

Liberty wrote:They can always ask you to leave. Refusal would be tresspassing.


Not if the reason they asked you to leave was that you were open carrying. I predict a rash of circle slash "firefighter hat" signs which is the worldwide accepted legal trespass notice meaning specifically:

30.05 Criminal Trespass Notice - Emergency Services Personnel whether volunteer or employed by a government agency do not have the permission of the owner or anyone with apparent authority to act for the owner enter this property.

To enter past the circle / firefighter hat would be a class A misdemeanor if you were armed. All of this is simply a reflection of one of the "most precious threads" in the bundle of Texas private property rights.
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Re: HB435 Volunteer Emergency Svces Carrying

Postby SewTexas » Sat May 27, 2017 11:22 am

Liberty wrote:This should cover Red Cross workers and Salvation Army Troops.



did anyone else hear the debate on the floor? there was debate about who were first repsonders....some argued it included teachers, pastors and parents....it was....interesting.
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Re: HB435 Volunteer Emergency Svces Carrying

Postby TreyHouston » Sat May 27, 2017 11:26 am

I seriously doupt you will see a rash of open carry! "There will be blood in the streets, firefights EVERYWHERE!" Nope, im sure it will go the same way as every other gun law. ;-)
"Jump in there sport, get it done and we'll all sing your praises." -Chas

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Re: HB435 Volunteer Emergency Svces Carrying

Postby parabelum » Sat May 27, 2017 11:38 am

I tend to agree with Trey above. For me, this is more of a symbolic passage, another inch of 2A restored if you will.

I see in the future some amendments to signs perhaps, which will make them bigger as more text will presumably need to be added, more expensive thusly, and hopefully within few years they'll be just plain to big to post up front :biggrinjester:
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