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Charles L. Cotton wrote:I think I need to clarify one of my posts. As I said, I think reducing the offense category for a TPC §30.06 violation to a Class C Misdemeanor is something that can be done and should be done. However, I'm not suggesting that we'll file such a bill in 2015. There are too many other things that need our attention to start adding to the "To Do List" for the upcoming session.

Chas.

Aileronguy wrote:

jmra wrote:

remington79 wrote:Oldgringo posted a good example. Keep the wording just get rid of the force of law part. If someone is found carrying they are asked to leave. If they don't then they can get a citation. It is that simple. As I said it is not the end of the world if the sign doesn't carry the weight of law. If you don't want someone to carry you ask them to leave. This is the best solution where each party's rights are respected.

Given the strong property rights sentiment in TX, I'm not sure the "what you don't know won't hurt you" approach will fly. What you are telling business owners that don't want firearms on their property is "catch me if you can". Other places have gotten away with that but Texas is not other places. This simply will not pass.
We need to stop fantasizing and get back to reality. Changing the penalty to a class C misdemeanor in 2015 sounds like something that could be accomplished. Maybe in 2017 or 2019 you could get it to a civil penalty (get caught past a 30.06 sign pay $50 - much better than "go directly to jail").

STRONG property rights? Like the governors Trans-Texas corridor? Property WAS lost in that land grab. Not that those poor folk will ever get it back. And yes, I do know it eventually failed, but such is the power of the government to do whatever, thought through or not.

gljjt wrote:Repeal of 30.06 would be a "solution" in search of a problem. No likely gain, lots to lose. Bigger fish to fry. IMHO. Which I value highly!

remington79 wrote:Oldgringo posted a good example. Keep the wording just get rid of the force of law part. If someone is found carrying they are asked to leave. If they don't then they can get a citation. It is that simple. As I said it is not the end of the world if the sign doesn't carry the weight of law. If you don't want someone to carry you ask them to leave. This is the best solution where each party's rights are respected.

sugar land dave wrote:Forgive me, but I feel like this is starting to slip beyond reason. Mr Cotton has been working with the legislature on the behalf of concealed carry for many, many years. If he ventures an opinion on what laws can and cannot be expected to pass, I tend to believe him. There's a little thing about his experience level in these matters versus ours.

steveincowtown wrote:Man, I am sorry I missed the beginning of this thread.

To the folks that say we can't repeal 30.06 because "it is wrong to not allow private property owners to refuse entry." Even without 30.06 private property owners still have the ability to ask someone to leave, and if they refuse to leave they will be cited with trespassing.

For those that say this would create WWIII, please prove me wrong and post an article from one of the many, many states where signs have no force of law where a private property owners has been shot for asking a someone to leave because they were carrying a weapon.

There is a list of states where signs have no force of law in the thread below:

viewtopic.php?f=23&t=70770&hilit=+force+of+law" onclick="window.open(this.href);return false;

30.06 is divisive issue the gun community. Some CHLers don't want people open carry rifles, because there will be 30.06 signs everywhere. Some CHLers don't want open carry to pass, because there will be signs everywhere.

If we simply remove the force of law portion of 30.06 and change it too an enhanced penalty if someone doesn't leave after being notified EVERYONE WINS.

If 30.06 has no force of law until notified to leave, CHLers are happy because no one will every see there weapon.

If Open Carriers who are in it for protection and not for "look at me" carry, they won't be noticed and if they are they need to leave.

Private property owners would have the confidence that if someone ignored that sign, and then refused to leave, they would face harsh penalties.


As to the 30.05 issue, simply striking one line from the law would fix that.

Charles L. Cotton wrote:No bill repealing TPC §30.06 will ever pass. The NRA and TSRA will kill it easily and rightfully so. You may not know the history behind HB2909 in 1997, so I understand that you may not appreciate the fact that TPC §30.06 saved CHL in Texas.

Private property rights are treasured in Texas and this is good. The legislature will never pass a law that strips a private property owner's ability to bar armed CHLs from entering their property. That concept doesn't even have widespread support among gun owners or even CHLs. I floated the idea of prohibiting owners of commercial property open to the public from barring armed CHLs and that didn't get anywhere; there simply is no support for the concept even with business property.

I do think there is at least a chance to lower the penalty to a Class C misdemeanor.

Chas.