Another "SB 378 Missing!" Rant

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Greybeard
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Another "SB 378 Missing!" Rant

Post by Greybeard »

A student for upcoming CHL class just dropped in my office and we went through the application packet he just received from DPS. I'd suggested several days ago that he apply on-line, just to see if he happened to get a new law booklet before I did.

He got one of the same 2005/2006 versions - along with a two-sided page entitled "2007 Amendments to Concealed Handgun Statute and Related Issues 80'th Legislative Session". It appears to be essentially the same sheet we were given in my Aug. 7, 2007 instructor renewal school. While the page does include a brief recap of 7 new House Bills and 3 new Senate Bills, there is no mention whatsoever of of Senate Bill 378!

I'd received another order recently of 30 certificates and had ordered 30 packets as well (with wishfull thinking of getting some new law booklets). In going through that box of (we-get-to-assemble-now) packets for distribution to students, it too has 30 copies of the above-referenced sheet.

As many of you know, the packets also include "Knowledge of Laws" affidavits including the statement "I have read and understand Chapter 9 of the Texas Penal Code as it relates to the use of deadly force by the citizens of the State of Texas with regard to justification, protection of persons, protection of property and law enforcement."

Anybody know how are our "responsible parties" in Moscow on The Colorado are justifying continued distribution of materials that have obvious intentional deletion of what many gun owners consider the most important piece of legislation of the 2007 session? :mad:
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lrb111
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Post by lrb111 »

Do you have any idea what there problem is? We are still a couple weeks away from attending on the 4th.
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Mithras61
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Post by Mithras61 »

It's probably some weird rationalization like "that bill doesn't apply strictly to CHL holders so we didn't cover it" or something, even though the class covers laws relating to deadly force.
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Post by Greybeard »

lrb - Speculation only. No response to date to 8-11-07 complaint letter mentioned here: http://www.texasshooting.com/TexasCHL_F ... sc&start=0

Another DCSA instuctor (Quinn) is also scheduled for Georgetown on the 4'th. And he ain't exactly a meek one either. From what've I've gathered from another there a couple of weeks ago, Legal Dept. does not want to be "badgered" over it ...
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Post by AEA »

This needs to be resolved. If they can't or won't do it, then the whole system is at risk.
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Greybeard
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Post by Greybeard »

Yep, since July 31 it appears they've been knowingly turning out 2 renewal schools a week of intentionally under-informed instructors who won't be back for another 2 years. The same instructors of course are to be turning out CHL students who won't be back for at least another 4, 5 or in some cases now, 10 years.
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lrb111
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Post by lrb111 »

Greybeard wrote:lrb - Speculation only. No response to date to 8-11-07 complaint letter mentioned here: http://www.texasshooting.com/TexasCHL_F ... sc&start=0

Another DCSA instuctor (Quinn) is also scheduled for Georgetown on the 4'th. And he ain't exactly a meek one either. From what've I've gathered from another there a couple of weeks ago, Legal Dept. does not want to be "badgered" over it ...
Mithras may be right about it not necessarily a CHL exclusive domain. I was thinking that same thing today.

Far be it from me to badger anyone. :cool:
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AEA
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Post by AEA »

Why have a Law, that in order to receive a CHL, a required course of instruction is required when the instruction is not complete/accurate?
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Greybeard
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Post by Greybeard »

Quote: "Mithras may be right about it not necessarily a CHL exclusive domain."

Agreed, it's not exclusive to CHL holders. But, SB 378 does focus on the 2 other locations where people spend a very large part of their time - in cars and at work. So, as one of the distinguished members here mentioned before, that would be a very lame excuse for not teaching it.

And the handout does include HB 1815 (the new "car carry" law) - which is not particularly applicable to CHL holders.
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lrb111
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Post by lrb111 »

There has to be something in their aversion to teaching this. I wonder if it;s that SB 378 was called "the shoot first law" and they are somehow distancing themselves from it.
I'm not trying to be difficult, I'm planning for an approach. :lol:
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Post by ElGato »

I like to keep things simple [kiss] we are required to teach Chapter 9, including 9.31 and 9.32, that should mean that the DPS is required to teach it to us.
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Greybeard
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Post by Greybeard »

El Gato -

FWIW, this http://www.capitol.state.tx.us/tlodocs/ ... 00378E.HTM is the type document that I recall some of their better legal presenters distributing in the past. Although somewhat beyond the KISS method, it's part of what I've been using as a handout in recent classes - so that students can have what the bill actually says.

Their web site gives a one line description of what is evidently someone's intrepretation here: http://www.txdps.state.tx.us/director_s ... 82007a.pdf

Top of page 3: "SB 378, known as the “Castle Doctrine,� removes the requirement that persons attempt to retreat
before using deadly force to defend themselves."

I think what's also important to be taught along this line is that, despite such wording as above, retreating may often be the most tactically prudent thing to do anyway ...
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lrb111
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Post by lrb111 »

Greybeard wrote: Their web site gives a one line description of what is evidently someone's intrepretation here: http://www.txdps.state.tx.us/director_s ... 82007a.pdf
That was the press release in capsule form. Not well done. In fact looking farther down the list at the next to last is:
HB 1839 requires concealed handgun license (CHL) holders to take a continuing education
course to renew their CHL every 10 years instead of every five years.


I saw that originally in a report on tv, and had blamed uneducated reporter for that, but it was rendered from the DPS PIO..
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