Search found 23 matches

by RoyGBiv
Fri May 11, 2018 10:00 am
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

NotRPB wrote:So while fighting a fire side by side, Volunteer Firemen can carry but the city employed Firemen can't?
The City can give their permission for the full-time FF's to carry.
The VFD has a "defense to prosecution" for being "Volunteer Emergency Services" providers.

This is my OPINION. I am not a lawyer. This is not legal advice.
by RoyGBiv
Thu Aug 17, 2017 9:57 am
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

TVGuy wrote:I think TX DPS conveniently applied the law in one section to the other sections. I can't see how a court would interpret it that way.
From: https://www.dps.texas.gov/RSD/LTC/Legal ... lation.htm
Authorizes volunteer emergency services personnel to carry a handgun while engaged in providing emergency services if that emergency service person is licensed to carry.
I think it was an honest oversight, written by someone not completely familiar with the nuances of the Bill.

Given DPS's excellent performance in most things LTC-related, it's hard to imagine there was any sort of planned attempt to mislead.
by RoyGBiv
Thu Aug 17, 2017 9:03 am
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

Circling back with the Bill text..
http://www.legis.state.tx.us/tlodocs/85 ... 00435F.htm

The "engaged in providing" language is not a qualifier for "defense to prosecution" in 30.06 or 30.07, only for 46.035.

I am not a lawyer. This is my OPINION. Not legal advice.
SECTION 8. Section 30.06, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.

SECTION 9. Section 30.07, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.

SECTION 10. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Volunteer emergency services personnel"
includes a volunteer firefighter, an emergency medical services
volunteer as defined by Section 773.003, Health and Safety Code,
and any individual who, as a volunteer, provides services for the
benefit of the general public during emergency situations. The
term does not include a peace officer or reserve law enforcement
officer, as those terms are defined by Section 1701.001,
Occupations Code, who is performing law enforcement duties.
...................

SECTION 12. Section 46.035, Penal Code, is amended by
adding Subsection (m) to read as follows:
(m) It is a defense to prosecution under Subsections (b) and
(c) that the actor is volunteer emergency services personnel
engaged in providing emergency services.
Would have taken me a week to post that from my phone... :lol:
by RoyGBiv
Wed Aug 16, 2017 8:31 pm
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

Tylerscott20 wrote:
Caption: Relating to the carrying of weapons, including the application of certain weapons and handgun license laws to certain persons, the carrying of handguns by license holders on the property of a state hospital, the liability for certain actions of volunteer emergency services personnel licensed to carry a handgun providing a civil penalty.

General Information:

Authorizes volunteer emergency services personnel to carry a handgun while engaged in providing emergency services if that emergency service person is licensed to carry.
Signage:

This bill adds section 552.002 to the Health and Safety Code to allow a state hospital to post a sign, in both English and Spanish, informing license to carry holders that they cannot enter the property with a handgun. A civil penalty may be imposed on a license to carry holder who carries on the property of a state hospital in which written notice is provided.
This is from the Texas DPS website on laws that go into effect on September 1st. It seems like their interpretation is different than mine... :rules:
The "while engaged in" language refers to 46.035.
The 30.06 and 30.07 defense to prosecution does not have that requirement.

I'd post the full code references if I wasn't posting from my phone.
by RoyGBiv
Tue Aug 15, 2017 4:14 pm
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

All you Hams should join your local RACES/ARES.
They gave me a very nice FEMA "Emergency Communications" ID card and I enjoy doing the volunteer work. Met some good folks.

"Radio Amateur Civil Emergency Service"
http://www.usraces.org/

"Amateur Radio Emergency Service"
http://www.arrl.org/ares

Or if you have a local CERT, that's another good organization to consider. Also administered under FEMA.

Community Emergency Response Team
https://www.ready.gov/community-emergency-response-team

Fort Worth RACES training is a 4-hour class and background check, in addition to being a licensed radio operator. They have a monthly on-air training/check-in that's usually a half hour or so. Other locations will have different requirements, but nothing too onerous.

CERT training is more extensive. Typically 30-40 hours of classroom, plus monthly meetings to stay active. Again, different localities will have different requirements, but the curriculum is laid out pretty clearly by FEMA. Check your local area...
by RoyGBiv
Tue Aug 15, 2017 9:44 am
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

ScottDLS wrote:
RoyGBiv wrote:
Ameer wrote:It says "any individual who, as a volunteer," not "any member of a volunteer organization" so I don't think any individual is required to join anything, carry a membership card, or have any special training or certification beyond their LTC to qualify.

If we help others during emergency situations and we don't get paid for it, we can bypass 30.06 signs next month.
I am inclined to disagree with this, but hope I am wrong.
I wouldn't want to be facing a UCW charge without having a clear association with an emergency volunteer organization to lean on.

IMO. YMMV.
Unless you were in one of the few places where you could be charged under 46.035 (Church, Amusement Park, Hospital) you would only be facing a class C. If it really came down to a trial (in JP or Municipal Court :shock: ) the State would have to prove, beyond a reasonable doubt, that you are NOT an emergency services volunteer.
I keep forgetting that the charge was reduced in 2015.. :oops:

I still think the State would win in court unless there was a clear association.

Prosec: "Mr Biv, please tell the court what qualifies you as an "Emergency Volunteer".
Me: "Well, if something bad were to happen, I would volunteer to help."

Again... IMO. YMMV.
by RoyGBiv
Tue Aug 15, 2017 8:41 am
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

Ameer wrote:It says "any individual who, as a volunteer," not "any member of a volunteer organization" so I don't think any individual is required to join anything, carry a membership card, or have any special training or certification beyond their LTC to qualify.

If we help others during emergency situations and we don't get paid for it, we can bypass 30.06 signs next month.
I am inclined to disagree with this, but hope I am wrong.
I wouldn't want to be facing a UCW charge without having a clear association with an emergency volunteer organization to lean on.

IMO. YMMV.
by RoyGBiv
Mon Aug 14, 2017 6:29 pm
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

="TVGuy"]What is our level of confidence that being CERT covers the requirement here?

It sure sounds like it does to me, but it is so vaguely written.
Very high, IMO.

I am not a lawyer. This is not legal advice.
SECTION 10. Section 46.01, Penal Code, is amended by adding Subdivision (18) to read as follows:
(18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations.
by RoyGBiv
Wed May 31, 2017 7:30 am
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

Sent to Governor yesterday.
by RoyGBiv
Fri May 26, 2017 4:56 pm
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

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.

:thumbs2:
by RoyGBiv
Fri May 26, 2017 1:46 pm
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

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%
by RoyGBiv
Fri May 26, 2017 1:36 pm
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

SewTexas wrote:well, color me shocked, they concurred.
Indeed they did....
http://www.legis.state.tx.us/BillLookup ... Bill=HB435
H Text of Senate Amendment(s) 05/26/2017
H Statement(s) of vote recorded in Journal 05/26/2017
H Record vote RV#1878 05/26/2017
H House concurs in Senate amendment(s) 05/26/2017
H Senate Amendments Analysis distributed 05/26/2017 10:03 AM
H Senate Amendments distributed 05/25/2017 02:19 PM
H Senate passage as amended reported 05/24/2017
If you could see my face.....

Image
by RoyGBiv
Thu May 25, 2017 9:10 am
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

Watching the video, Huffman was talking only about reducing fees for LTC for those attorneys...
Reading SB 1807, Senate engrossed, it clearly adds Chapter 46 (46.02, 46.03 and 46.035) exemptions that Senator Huffman did not mention yesterday.
http://www.legis.state.tx.us/BillLookup ... ill=SB1807

The second amendment was adding HB 14 regarding Psych hospitals by adding notice similar to 30.06 but referencing 552.002.
http://www.legis.state.tx.us/tlodocs/85 ... 00014E.htm
by RoyGBiv
Wed May 24, 2017 8:21 pm
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

Ahh... Found an article here about it...
http://www.statesman.com/news/senate-mo ... XlbVrrjxL/
The amendment by Sen. Kirk Watson, D-Austin, was added to House Bill 435, which seeks to allow volunteer emergency workers to carry licensed handguns while on the job.

Changes to state gun laws in 2015 inadvertently allowed licensed gun owners to carry weapons into state psychiatric hospitals, including areas where patients live, Watson said.
by RoyGBiv
Wed May 24, 2017 8:19 pm
Forum: 2017 Texas Legislative Session
Topic: HB435 Volunteer Emergency Svces Carrying
Replies: 168
Views: 59753

Re: HB435 Volunteer Emergency Svces Carrying

TexasJohnBoy wrote:I see two amendments here:
http://www.capitol.state.tx.us/BillLook ... Bill=HB435
???
Anyone know what amendments were made? The engrossed Senate version is not posted yet...

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