Witness from Katy RE: HB1815 got his gun back

Relevant bills filed and their status

Moderator: Charles L. Cotton

Locked

Topic author
CWOOD
Senior Member
Posts in topic: 2
Posts: 730
Joined: Sat Jan 06, 2007 12:54 pm
Location: Austin, TX

Witness from Katy RE: HB1815 got his gun back

#1

Post by CWOOD » Thu Apr 19, 2007 9:50 pm

Finally.

Just read this on glocktalk.com

From the pages of The Houston Press.

Locked & Unloaded
The NRA, the ACLU and HPD
As told to Richard Connelly
Published: April 19, 2007

Keith Patton of Katy has become an unlikely hero of both the National Rifle Association and the American Civil Liberties Union, and you'd think that's not easy to do.

In Patton's case, though, it actually was easy enough to do, if not to endure. He bought a gun in February and was taking it home when he was pulled over for allegedly speeding and changing lanes without a signal.

Just to be on the safe side, he told the officer he had an unloaded gun in his car. No ammunition anywhere, just an unloaded .357 Magnum.

The result: 27 hours in jail and about $2,100 in fees and attorney's costs.

“I actually thought it was somewhat comical,� he says of the arrest. “I started laughing and I said, ‘Are you arresting me?' And he goes, ‘Yeah, you think this is funny?' And I said, ‘Well, I do, kind of. I just told you where I was coming fromÉI don't even have any ammunition in the car — what the hell are you arresting me for?'�

He was being arrested, it turns out, because Texas law on the matter is — after years and years of trying to get it right — still pretty damn murky. A bill passed in 2005 sought to make it okay to carry a gun in the car while traveling as long as it's hidden and not being used in a criminal activity.

Prosecutors around the state, however, believed the law was unclear. The policy in many areas became to arrest someone for carrying a gun in the car and let prosecutors decide whether to charge them or not.

Patton testified about his experience to the Legislature, and bloggers and The New York Times picked up on it. There's a new bill now that clearly states carrying a gun in your car is not an offense and you can't be arrested for it.

“This isn't the first time, the second time, the third time, the fifth time — I found records from the 1880s that urged the Legislature to clarify this, when there were no cars, when people were traveling on horseback and on foot,� says Alice Tripp, legislative director for the Texas State Rifle Association.

Patton eventually had the charges dropped, but HPD wouldn't let him have the gun for six weeks.

Last week he finally got it back. On April 12 he showed the Homicide Division a letter from the District Clerk saying charges had been dropped, and two and a half hours later they handed him the gun.

How he was supposed to get it home from HPD headquarters, they didn't say. Luckily he broke no traffic laws on the way.


OverEasy
Senior Member
Posts in topic: 1
Posts: 591
Joined: Wed Mar 16, 2005 3:02 pm
Location: NW of Houston

#2

Post by OverEasy » Fri Apr 20, 2007 11:06 am

Well, I finally feel like I'm getting my money's worth from my NRA dues.

I would like to know of he is going to be able to recover any of his legal costs.

I can't quite bring myself to say thanks to the ACLU. But, hey maybe they are changing.

Good for the guy from Katy......................., OE
NRA
TSRA
JPFO
American Legion
USN (69-77)
What did you expect?

User avatar

seamusTX
Senior Member
Posts in topic: 1
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

#3

Post by seamusTX » Fri Apr 20, 2007 11:46 am

OverEasy wrote:Well, I finally feel like I'm getting my money's worth from my NRA dues.
TSRA probably had more to do with this than the NRA. There's plenty to thank both organizations for.
I would like to know of he is going to be able to recover any of his legal costs.
Probably not. When someone is arrested and charges are dropped, it's just too bad for the innocent person.

- Jim

User avatar

nitrogen
Senior Member
Posts in topic: 1
Posts: 2322
Joined: Wed Dec 21, 2005 1:15 pm
Location: Sachse, TX
Contact:

#4

Post by nitrogen » Fri Apr 20, 2007 12:12 pm

The ACLU isn't the evil enemy they are made out to be. Sure, their stance on the 2nd amendment is wrong, but I'm glad they are fighting for the rest of them, even if it means helping some unsavory characters.

It's easy to set freedom-encroaching precedents with the unsavory.
.השואה... לעולם לא עוד
Holocaust... Never Again.
Some people create their own storms and get upset when it rains.
--anonymous


Topic author
CWOOD
Senior Member
Posts in topic: 2
Posts: 730
Joined: Sat Jan 06, 2007 12:54 pm
Location: Austin, TX

#5

Post by CWOOD » Fri Apr 20, 2007 2:54 pm

Remember it is the TEXAS ACLU.

You may recall from reports of the hearing of HB1815 ( Unlicensed Car Carry bill) that the TEXAS ACLU actually tetified strongly FOR the bill. That was a bit of a suprise to me. They even stressed the "Texas" part of their name.

There are a lot of thing that they do that I am not particularly fond of but they sure came down on the right side on this one.

Locked

Return to “2007 Texas Legislative Session”