2 Bills filed adding watercrafts to PC 46.02

Relevant bills filed and their status

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2 Bills filed adding watercrafts to PC 46.02

#1

Post by RPB » Mon Nov 08, 2010 4:10 pm

For 2011 legislative Session
Bill filed adding watercrafts to PC 46.02
82R2070 NAJ-F

By: Flynn H.B. No. 77
Essentially treats your boat as a car, I think this is partly a response to many boaters/kayakers hounding the lawmakers about rattlesnakes swimming into your boat, as well as shark "bang sticks" which fire shotgun shells. Previously the MPA, Motorist Protection Act, didn't apply to boats etc.

Also seems to TRY to fix (but doesn't really) where previously One could carry FROM the home to a car, but not back TO the home FROM the car.
However, I'm not sure what between the premises and the residence means exactly, other than maybe a travel trailer/RV/Camper and house.




http://www.capitol.state.tx.us/Search/D ... ightType=1" onclick="window.open(this.href);return false;

(PARTIAL excerpt below)


(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; 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.
(a-3) For purposes of this section, "watercraft" means any
boat, motorboat, vessel, or personal watercraft, other than a
seaplane on water, used or capable of being used for transportation
on water.

SECTION 2. Section 46.15(b), Penal Code, is 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 traveling;
(3) 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, or watercraft, if the weapon is a
type commonly used in the activity;
Last edited by RPB on Mon Nov 08, 2010 5:11 pm, edited 4 times in total.
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Re: Bill filed adding watercrafts to PC 46.02

#2

Post by RPB » Mon Nov 08, 2010 4:24 pm

What I mean is ... I still have a problem with:

a) A person commits an offense if the person 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
or watercraft that is owned by the person or under the person's
control.

How would a person get it back FROM the vehicle?
It could be an issue if rather than parking in your driveway, ON your premises, IF you lived in an Apartment complex/hi-rise with parking garage, Condo with a common area parking lot etc which wasn't your Premises or property under your control.
Perhaps one day the car might be FULL of guns with no way to get them back into the house, and ......... :biggrinjester:
You have to drive your car up your building's elevator, down the hall and into your front door?
Last edited by RPB on Mon Nov 08, 2010 4:33 pm, edited 1 time in total.
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Re: Bill filed adding watercrafts to PC 46.02

#3

Post by seamusTX » Mon Nov 08, 2010 4:33 pm

I am pretty sure that if anyone were prosecuted for carrying a handgun from his vehicle to his home or business, the case would be thrown out (unless there were other complications).

The law is absurd on its face.

Furthermore, there is old case law saying that if it is legal to have an item in two places (your home and car), it has to be legal to move the item between them. That exception does require using a direct route with no intermediate stops.

- Jim
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Re: Bill filed adding watercrafts to PC 46.02

#4

Post by RPB » Mon Nov 08, 2010 4:39 pm

I agree, but you just never know what bus driver or former representative with her CHL and anti-gun commercial in Austinfornia/Round Rock might call 911 when you carry your guns from the parking lot towards the fancy hi-rise 12 story Condo building

(Yeah I know, nothing illegal, and they'd call 911 anyway ... I'm just picky; as long as they are editing it anyway ...)
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Re: Bill filed adding watercrafts to PC 46.02

#5

Post by RPB » Mon Nov 08, 2010 4:45 pm

SECOND BILL

http://www.capitol.state.tx.us/Search/D ... ightType=1" onclick="window.open(this.href);return false;

By: Guillen H.B. No. 25
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Re: Bill filed adding watercrafts to PC 46.02

#6

Post by seamusTX » Mon Nov 08, 2010 4:51 pm

RPB wrote:... when you carry your guns from the parking lot towards the fancy hi-rise 12 story Condo building
Someone who carries a handgun between his car and home without concealing it deserves what happens.

- Jim


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Re: 2 Bills filed adding watercrafts to PC 46.02

#7

Post by Rex B » Mon Nov 08, 2010 5:06 pm

Including watercrat in the MPA language won't help us on COE lakes, which is likely the majority of places one does boating.

What we need is comparable legislation for COE property to that which lets us carry in National parks.
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Re: 2 Bills filed adding watercrafts to PC 46.02

#8

Post by RPB » Mon Nov 08, 2010 5:12 pm

Rex B wrote:Including watercrat in the MPA language won't help us on COE lakes, which is likely the majority of places one does boating.

What we need is comparable legislation for COE property to that which lets us carry in National parks.
True, that's for US Senators/House to do ...
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Re: Bill filed adding watercrafts to PC 46.02

#9

Post by nitrogen » Mon Nov 08, 2010 9:43 pm

seamusTX wrote:
RPB wrote:... when you carry your guns from the parking lot towards the fancy hi-rise 12 story Condo building
Someone who carries a handgun between his car and home without concealing it deserves what happens.

- Jim
Maybe I'm weird, but I don't think I should be ashamed to practice rights granted to me by the Bill of Rights. I don't think I should hide them if just to keep the peace. If I practiced religion, I would do so openly (even if it was a markedly unpopular one such as Islam is right now)

I also don't think I should hide my practice of the 2nd amendment, either. but that's just me.
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Re: 2 Bills filed adding watercrafts to PC 46.02

#10

Post by seamusTX » Mon Nov 08, 2010 10:12 pm

Carrying a weapon openly in an urban area can have consequences ranging from unpleasant to fatal, depending upon who notices.

I wish it weren't that way, but it is at present in Texas cities.

- Jim


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Re: 2 Bills filed adding watercrafts to PC 46.02

#11

Post by RPB » Tue Nov 09, 2010 5:49 pm

Maybe some legislators read:
100 shots fired at two kayakers (April 2010)
http://www.texaskayakfisherman.com/foru ... 1&t=142235" onclick="window.open(this.href);return false;

LOL, I'm reading one of my posts there:

If you are ever up around Inks Lake or Buchanan area, hollar at me, I'll supply lures and ammo (Licensees are now allowed to carry on LCRA property)
... but if you want to go to a US Army Corps of Engineers lake like Georgetown, Stillhouse, Granger etc ... no loaded guns are allowed and they'll protect you as well as they do Fort Hood.
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Re: 2 Bills filed adding watercrafts to PC 46.02

#12

Post by seamusTX » Wed Nov 10, 2010 6:51 am

http://www.caller.com/news/2010/apr/28/ ... -survival/" onclick="window.open(this.href);return false;

When a sniper that you can't see (this incident took place at night) is shooting from some distance with a rifle, fat lot of good a handgun is going to do.

BTW, the perpetrator was never identified or caught.

I see the issue here as simply another step in restoring the right to keep and bear arms. It should not be necessary to explain why you need to do so.

- Jim

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