Re: HB 357 - Unlicensed Carry (Stickland)
Posted: Wed Jan 09, 2019 10:25 am
Possibly exclusion from 30.06 and 30.07, depending on how its written.
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Possibly exclusion from 30.06 and 30.07, depending on how its written.
Not with Stickland's bill. But I have heard that a certain attorney who may or may not be involved on this board may have some ideas about a CC bill that removes the currently prohibited places (sporting events, etc) for license holders but keeps those prohibited places for non license holders.PriestTheRunner wrote: ↑Wed Jan 09, 2019 10:25 amPossibly exclusion from 30.06 and 30.07, depending on how its written.
This concept of eliminating the prohibited places for LTC holders and permitless carry for the rest, is a great idea. Especially if you consider the political viability. Personally I would prefer no permit requirement at all, but realistically rights are expanded a piece at a time.canvasbck wrote: ↑Wed Jan 09, 2019 11:22 amNot with Stickland's bill. But I have heard that a certain attorney who may or may not be involved on this board may have some ideas about a CC bill that removes the currently prohibited places (sporting events, etc) for license holders but keeps those prohibited places for non license holders.PriestTheRunner wrote: ↑Wed Jan 09, 2019 10:25 amPossibly exclusion from 30.06 and 30.07, depending on how its written.
That is a bill I would start making phone calls for!
Yes, there is no exception for anyone in the proposed 30.06 and 30.07. This will get all of the police organizations to oppose it very quickly. Whether we like that part or not, we need their cooperation to get anything like this passed.
Or we will theoretically be back to 1995-1996 when 30.05 purportedly applied to everyone, licensed or otherwise allowed to carry. Or was it 2001 when the exception to 30.05 for LEO and CHL was added?srothstein wrote: ↑Thu Jan 10, 2019 12:02 amYes, there is no exception for anyone in the proposed 30.06 and 30.07. This will get all of the police organizations to oppose it very quickly. Whether we like that part or not, we need their cooperation to get anything like this passed.
The way that 30.06/07 are worded they only apply to "License Holders" meaning those carrying under the authority of an LTC. Since LEOs carry under an authority other than an LTC, then they are no subject to that at all, and never were.ScottDLS wrote: ↑Thu Jan 10, 2019 9:32 amOr we will theoretically be back to 1995-1996 when 30.05 purportedly applied to everyone, licensed or otherwise allowed to carry. Or was it 2001 when the exception to 30.05 for LEO and CHL was added?srothstein wrote: ↑Thu Jan 10, 2019 12:02 amYes, there is no exception for anyone in the proposed 30.06 and 30.07. This will get all of the police organizations to oppose it very quickly. Whether we like that part or not, we need their cooperation to get anything like this passed.
Yes, but that is not the way the new 30.06/7 in Stickland's bill is worded.AJSully421 wrote: ↑Thu Jan 10, 2019 3:26 pmThe way that 30.06/07 are worded they only apply to "License Holders" meaning those carrying under the authority of an LTC. Since LEOs carry under an authority other than an LTC, then they are no subject to that at all, and never were.ScottDLS wrote: ↑Thu Jan 10, 2019 9:32 amOr we will theoretically be back to 1995-1996 when 30.05 purportedly applied to everyone, licensed or otherwise allowed to carry. Or was it 2001 when the exception to 30.05 for LEO and CHL was added?srothstein wrote: ↑Thu Jan 10, 2019 12:02 amYes, there is no exception for anyone in the proposed 30.06 and 30.07. This will get all of the police organizations to oppose it very quickly. Whether we like that part or not, we need their cooperation to get anything like this passed.
Maybe we will just try to move the Overton Window with it instead?Charles L. Cotton wrote: ↑Thu Nov 15, 2018 9:39 pmI too have to analyze it in detail, but even skimming it shows it will never pass. It includes too many deal-breaking provisions, opens too many code provisions up to anti-gun amendments and modifies TPC §§30.07 & 30.07 to apply to both licensed and unlicensed carry. The latter alone is enough to kill the bill.Papa_Tiger wrote: ↑Thu Nov 15, 2018 12:18 pm https://capitol.texas.gov/BillLookup/Hi ... Bill=HB357
Text:
https://capitol.texas.gov/tlodocs/86R/b ... 00357I.htm
I haven't fully absorbed all of this bill because it modifies SO many sections of Texas Law, but it looks like it removes the licensing from the requirement to carry a handgun, makes 30.06/7 apply to all persons carrying a handgun and adds 30.07 to the wrongful exclusion process...
More to read and digest. I look forward to hearing Charles' take on this.
Chas.
Well, for one thing it would make open carry on one's own property illegal unless licensed.ninjabread wrote: ↑Fri Jan 11, 2019 5:03 pm Do Texas legislators take a special class on making things had to understand for non-lawyers?
What's wrong with a bill to amend 46.02 by deleting the red text?
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and
(2) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.