Remember they tried to fix "traveling" last sessi

Relevant bills filed and their status

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CWOOD
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Remember they tried to fix "traveling" last sessi

#1

Post by CWOOD » Thu Mar 01, 2007 9:08 pm

Obviously this is for NON-CHL's but is important anyway, maybe for our spouses or other family members who don't yet have a CHL.

It has been referred to the House Law Enforcement Committee. No action taken yet.

Important legislation filed by Rep. Carl Isett

Remember SB 501 from last Legislative Session that was supposed to clarify "traveling" in Texas? Remember how DA's (like Rosenthal in Harris County and others) across the state tried to pretend that it didn't mean anything and kept on doing what they were doing before?

Just as a reminder, SB501, which was passed and signed into law, said the for those without a CHL, having a handgun in your vehicle was not an offense if all the following conditions were in place:
1. in a private motor vehicle
2. handgun was concealed from plain view
3. not committing a criminal offense other than Class C traffic misdemeanor
4. not a person prohibited from possessing a handgun
5. not a member of a street gang.

Well, Rep. Isett, from Lubbock, is trying to solve the problem again and is hitting it straight on. Here is his new bill, HB1815 which should solve this problem once and for all. He has added an interesting addition which also gives the OK to be going directly to the vehicle. This is a good new idea.

HERE IS THE NEW WORDING
80R7219 JPL-D

By: Isett H.B. No. 1815


A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain offenses that involve
carrying weapons on a person's property or in a person's vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
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 that is owned by the person
or under the person's control at any time in which:
(1) the handgun is in plain view; 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;
(B) prohibited by law from possessing a firearm;
or
(C) a member of a criminal street gang, as
defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes
real property and a recreational vehicle that is being used as
living quarters, regardless of whether that use is temporary or
permanent. In this subsection, "recreational vehicle" means a motor
vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to
be towed by a motor vehicle. The term includes a travel trailer,
camping trailer, truck camper, motor home, and horse trailer with
living quarters.
SECTION 2. Section 46.15(b), Penal Code, as amended by
Chapters 1221 and 1261, Acts of the 75th Legislature, Regular
Session, 1997, is reenacted and amended to read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) [is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
[(3)] is traveling;
(3) [(4)] is engaging in lawful hunting, fishing, or
other sporting activity on the immediate premises where the
activity is conducted, or is en route between the premises and the
actor's residence or motor vehicle, if the weapon is a type commonly
used in the activity;
(4) [(5)] holds a security officer commission issued
by the Texas [Board of Private Investigators and] Private Security
Board [Agencies], if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(5) [(6)] is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code
[Article 4413(29ee), Revised Statutes], to carry a concealed
handgun of the same category as the handgun the person is carrying;
(6) [(7)] holds a security officer commission and a
personal protection officer authorization issued by the Texas
[Board of Private Investigators and] Private Security Board
[Agencies] and [who] is providing personal protection under Chapter
1702, Occupations Code [the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes)]; or
(7) [(8)] holds an alcoholic beverage permit or
license or is an employee of a holder of an alcoholic beverage
permit or license if the person is supervising the operation of the
permitted or licensed premises.
SECTION 3. Section 46.15(h), Penal Code, is amended to read
as follows:
(h) For the purpose of Subsection (b)(2), "premises" has the
meaning assigned by Section 46.02(a-2) [includes a recreational
vehicle that is being used by the person carrying the handgun,
illegal knife, or club as living quarters, regardless of whether
that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary
living quarters and is designed to be towed by a motor vehicle. The
term includes a travel trailer, camping trailer, truck camper,
motor home, and horse trailer with living quarters].
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 5. This Act takes effect September 1, 2007

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stevie_d_64
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#2

Post by stevie_d_64 » Thu Mar 01, 2007 11:22 pm

I like how it is reiterated so many times:

under the "persons control"...
"Perseverance and Preparedness triumph over Procrastination and Paranoia every time.” -- Steve
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Charles L. Cotton
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#3

Post by Charles L. Cotton » Thu Mar 01, 2007 11:30 pm

stevie_d_64 wrote:I like how it is reiterated so many times:

under the "persons control"...
:thumbsup:


switch
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Under the person's control???

#4

Post by switch » Fri Mar 02, 2007 7:03 am

Would this apply to passengers?

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Charles L. Cotton
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Re: Under the person's control???

#5

Post by Charles L. Cotton » Fri Mar 02, 2007 10:15 am

switch wrote:Would this apply to passengers?
Probably not, because the vehicle has to be yours or under your control. If you were riding as a passenger in your own car and someone else was driving, then both you and the driver would be covered as it is currently written. Of course, Rosenthal would argue that the driver isn't covered because you own the car and would be the "captain" of the vehicle.

Chas.


switch
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Re: Under the person's control???

#6

Post by switch » Fri Mar 02, 2007 10:35 am

Charles L. Cotton wrote:
switch wrote:Would this apply to passengers?
Probably not, because the vehicle has to be yours or under your control. If you were riding as a passenger in your own car and someone else was driving, then both you and the driver would be covered as it is currently written. Of course, Rosenthal would argue that the driver isn't covered because you own the car and would be the "captain" of the vehicle.

Chas.
How can we fix that? It should apply to my 17 year old son as well as the driver, shouldn't it?

Course, usually, they do not get the passengers out, ask them if they have guns (I think).

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Re: Under the person's control???

#7

Post by Charles L. Cotton » Fri Mar 02, 2007 12:09 pm

switch wrote:
Charles L. Cotton wrote:
switch wrote:Would this apply to passengers?
Probably not, because the vehicle has to be yours or under your control. If you were riding as a passenger in your own car and someone else was driving, then both you and the driver would be covered as it is currently written. Of course, Rosenthal would argue that the driver isn't covered because you own the car and would be the "captain" of the vehicle.

Chas.
How can we fix that? It should apply to my 17 year old son as well as the driver, shouldn't it?

Course, usually, they do not get the passengers out, ask them if they have guns (I think).
This is a huge step that is going to see a big fight to get it passed. I don't see blanket protection for everyone in the car getting passed. Also, I'm not sure we want it changed. If a gun is found in the car, along with a passenger who is prohibited from possessing handguns, I'm not sure we want any argument that we look further than the driver. If the protection would apply to everyone in the vehicle, then prosecutors would be justified in arguing that any penalty (such as making a firearm available to a felon) should apply to anyone in the vehicle.

If the gun is in your car, then you should be fine. If the passenger speaks up and say, "oh, that's mine" then perhaps he or she should have kept quite.

Chas.

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