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- Mon Jul 05, 2010 9:45 pm
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
Naww... This means you have big ears! this means you wear a stupid hat. And this means you've had way too much to drink! (figure that one out for yourself!)
- Mon Jul 05, 2010 7:36 pm
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
Most people recognize it when they see it
- Sun Jun 27, 2010 2:02 pm
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
Nope -- not at all. People were arguing that residents of Texas not be allowed to carry in Texas on an out-of-state license. That when a person moved into the state (from wherever), they have a period of time to acquire a Texas CHL, during which time their out-of-state license would be valid. After that time expired, the out-of-state license would be invalid. For instate people, the out-of-state license would NEVER be valid in-state. Of course it would still be valid in the originating state, or any other state that recognized it. That IS in lieu of a texas CHL. If they have a Texas CHL, the Utah CHL is useless in Texas -- unless, of course, they lose the Texas CHL.baldeagle wrote:In the world of argument, this is what is known as a straw man. No one (AFAIK) has argued that Texas residents should be banned from carrying out of state licenses. The argument is that they should not be allowed to get a out of state license in lieu of a Texas CHL. And the only reason that is even being suggested is because of political realities.sjfcontrol wrote:And I find it interesting that people are considering preventing Texas Residents from carrying on an out-of-state license, that would be valid for the out-of-state residents to use in Texas. So here we would have an activity that is legal for Non-Texas residents to do in Texas, but illegal for Texas residents to do in Texas. That seems perverse to me. (You can do it here only if you're not from here?? -- Very odd!)
I think the Annoyed Man put it best; out of state licenses should be an enhancement to a person's right to carry not a substitution for or end run around getting a Texas CHL.
Furthermore, you must always keep in mind that many of us are arguing not from our personal beliefs but from the cold stark political realities that we face. There are many many people in America that think you should not be allowed to own weapons at all. Some of them are very politically powerful and influential. Therefore it behooves us to work through the system patiently and continuously to sway public opinion to our side.
What we are discussing here is trying to limit the damage caused by one of our own so that we don't lose even more rights than we already have lost.
Not a straw argument at all.
- Sun Jun 27, 2010 10:15 am
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
The Annoyed Man wrote: I think that Charles very clearly stated my own position in the above post. In a nutshell, I'm not saying I want the status quo to change, and I think that most people on this board would agree with that. But I am saying that the irresponsible actions of a few are going to wreck things for the rest of us - and so I suppose the rest of my remarks were really adressed more to them, than to you, and I apologize for the confusion. But in that light, I think that defending those people who cynically sell CFP classes as an end around is, in itself, indefensible for the reasons outlined in my previous post. So if you're not of that mind, then what I said doesn't apply to you, and again, I apologize for the confusion.
Regarding the gentleman you mentioned, I am of two minds. On the one hand, that does seem a long time to have to deal with an abusive language charge, particularly if the charge is baseless. And it is baseless, then the net effect on his CHL privileges is unfair. On the other hand, and meaning no disrespect toward him or you, but everybody claims innocence. If the trial's finding of fact is that he was in fact abusive in the expression of his First Amendment, then how do we know he won't be so in the expression of his Second Amendment? That's the problem with legal definitions like "abusive." What I might mean in good humor with no malice, you might take as abusive. It's a subjective definition with a constantly shifting data point. And, it's one thing if I verbally abuse you by calling you a profane name, and it's another thing entirely if I am verbally, psychologically, abusive of my wife or child. What are the facts in your friend's case?
TAM -- It sounds like we are of like mind, then, in most of this. I agree whole-heartedly with the your first paragraph above.
As far as my "friend" -- I wouldn't classify him as such, just somebody I happened to meet, and listened to his story. I have no idea whether he's actually innocent or not. All I know is what he told me. But even assuming he's guilty (and I'm not saying he is, either), is it really justifiable to remove somebodies self-defense rights because he cussed somebody out? That statute also covers gestures, too -- so giving somebody (who deserves it!) the finger in traffic can result in the revocation of your CHL? Note that I would have FAR less objection if this restriction were restricted to 42.01(7) and (8), which deal with the actual mishandling of firearms. Instead, it includes all this stupid stuff that probably shouldn't be illegal at all, frowned upon in polite society, sure, but not illegal. After all, not everything that makes us uncomfortable needs to be illegal.
And I do take exception (respectfully) to your comment about "abusing the 1st may imply abusing the 2nd" (paraphrased). Firstly, I'm not sure I'd call cussing someone out "abusing the first amendment" -- not exactly like shouting 'FIRE" in a crowded theater! But anyway, seems to me that the "1st v 2nd" argument points back to the arguments that people will start shootouts in the streets over parking places. Most of us get angry at various times. And are subject to 'impolite' behavior. But most have enough self-control NOT to resort to gunplay just because they've been called a dirty word. (Actually, phrased that way, its more likely the cuss-ee, rather than the cuss-or that would react with gunplay.)
- Sun Jun 27, 2010 9:17 am
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
Wow -- TAM, I'm lost. Maybe I just don't have the concentration power this morning to understand such a long and complex (at least to me) post.The Annoyed Man wrote:I think you need to be more clear about that... I have both licenses, and I am not advocating against having a Utah CFP. What I am saying, and I believe what others are saying, is that a Texas resident probably shouldn't have a CFP in lieu of a CHL. CFP should enhance CHL, not replace CHL.sjfcontrol wrote:And I find it interesting that people are considering preventing Texas Residents from carrying on an out-of-state license, that would be valid for the out-of-state residents to use in Texas. So here we would have an activity that is legal for Non-Texas residents to do in Texas, but illegal for Texas residents to do in Texas. That seems perverse to me. (You can do it here only if you're not from here?? -- Very odd!)
And there is a reason for why I think this. These things do not happen in a vacuum, and insisting that there is a vacuum does more damage to the cause than good. I would be perfectly happy to have no permitting requirements at all in the state of Texas, for either CC or OC. However, there are certain boots on the ground realities that have to be dealt with piecemeal and in a logical manner and sequence if we are ever to successfully arrive at the unrestricted expression of our rights. Anybody who denies that reality is politically delusional.
Now, they have a First Amendment right to be politically delusional, but if their position will do more harm to the RKBA over the long term than good, should they be encouraged to pursue their delusions? I submit that it is wrong to encourage that.
You have a rice bowl. I have a rice bowl. Everybody has a rice bowl, and nobody wants anyone else eating from their rice bowl. What that means is that we, as citizens have our prerogatives (rice bowls), but so do legislators. We hire them to do a job, and just like your job becomes part of your rice bowl and you don't want anybody messing with it, legislators jobs are part of their rice bowl, and they don't want anybody messing with theirs. The way to fix that, since they work for us, is to fire them and to hire another who will do what we want. But until we actually do that, they will do their jobs as they see fit to do them, and it will not go well for us to go against that which, in their opinions, we hired them to do. Am I making sense here?
So here is the political reality. If you hire the legislature to do a job, and they do that job to the extent that they are able to do so according to the voting majorities in the legislature at any given time, and then you come along and violate their intent, then they are going to react by crushing you. That is the nature of government. ALL governments.
The problem is, when they crush you, they also crush me and every Tom, Dick, Harry, and Jane who followed the law and did things in the right way, and we will become one of those states that only recognizes resident permits from other states. That is a political fact. They will "punish" us for our "transgressions." There will be no parking lot bill passed. There will be no campus carry bill passed. There probably will be a bill passed invalidating the use of out of state permits inside Texas for Texas residents.... ...because these things do not take place in a vacuum.
That is why it is irresponsible (and in my personal view, unethical) for someone to obtain a non-resident Utah CFP as an alternative to a resident Texas CHL. It will wind up having a negative impact on those who followed the law. Anyone who denies this is not living in the real political world, where real politicians not only jealously guard their rice bowls, but where real politicians also seek to expand their individual rice bowl as much as possible.
The correct way to approach the problem is to dismantle all restrictions on the RKBA by means of a systematic, orderly, and incrementalist approach. Unless you are advocating an armed revolution, there is simply no other way that is politically feasible. And, whenever you get a politician who will not cooperate, then you work toward firing him/her and hiring one who will. But that is a political process, and it involves the votes of at a least a few people, probably a lot more than a few, who think that you and I should not be allowed to have any guns at all... ...and they are part of what fills that vacuum so that it does not exist.
And whipping all of them into a frenzy is a decidedly leftist media which will jump on stories of CFP vendors who flaunt Texas CHL law and urge either politically naive and uninformed, or ethically compromised people into "cheating" their way into having a carry permit. That media is part of what fills the vacuum so that it does not exist.
NONE of this happens in a vacuum, and it will blow up in our faces, and I will be negatively impacted; so I take it personally - because, at the end of the day, the political always boils down to the personal.
I don't think I was arguing against what you were talking about. I only mentioned that I thought those who were arguing that Texas residents should not be allowed to carry in Texas on Utah licenses, while allowing non-Texas residents to carry in Texas on Utah licenses, are arguing for a very strange situation. (Were you making that argument?) I said nothing about having both Texas and Utah licenses.
That having been said, I DO believe there are valid situations where Texas residents licenses may be rejected, suspended or revoked for either temporary or trivial reasons. Under those conditions it seems to me carrying in Texas under a Utah license is understandable. I am not advocating getting a Utah license to bypass a Texas license because it's easier, faster or cheaper.
For example, this weekend I met a gentleman who feared he could not renew his Texas license, because FIVE YEARS AGO, he was charged with 42.01(a)(1) (Disorderly Conduct, abusive language). He's been trying every since then to get the case to court to fight it, but Class C misdemeanors are SLOW to get to trial. He claims the charge is baseless. But he'd have to report it on his renewal app, and that is the only Class C misdemeanor (42.01) that can remove his eligibility. What are his options?
And I've stated before, people can have their Texas licenses suspended or revoked for such things as not reporting their change of address soon enough, or for being CHARGED with serious crimes before those charges are proven or disproven in court.
- Sun Jun 27, 2010 7:53 am
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
It doesn't make much sense, because it isn't done that way.Hoi Polloi wrote:1. Regarding the reciprocity issue, requiring the other state to give reciprocity in order to give it doesn't make much sense. If Texas recognizes other state's licenses and says, "Yeah, that's good enough of a background check for us to say we're OK with people who have your CHL-equivalent licenses to carry while they're in our state, too" why should it matter if the other state says the same in return? This isn't a group hug where we should all walk away feeling warm and fuzzy.
Go to http://www.txdps.state.tx.us/administra ... rocity.htm" onclick="window.open(this.href);return false;
There you will find a list of "Reciprocal States"(31) -- states where the agreement goes both ways.
And a list of "Unilateral States"(11) where the agreement is one-way, i.e. we recognize the other-states license, but they don't recognize ours.
And I find it interesting that people are considering preventing Texas Residents from carrying on an out-of-state license, that would be valid for the out-of-state residents to use in Texas. So here we would have an activity that is legal for Non-Texas residents to do in Texas, but illegal for Texas residents to do in Texas. That seems perverse to me. (You can do it here only if you're not from here?? -- Very odd!)
From a logic point of view, it would make more sense to say nobody can carry on a Utah license. After all, I doubt that Utah residents carrying in Texas on a Utah license are SAFER than Texas residents carrying in Texas on a Utah license.
- Sun Jun 27, 2010 7:36 am
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
Hoi Polloi wrote:
You know, the statutes don't exclude extraterrestrial lifeforms from getting a non-resident permit. Who is to say that they can handle guns designed for human hands? Haven't you seen Mars Attacks? I think we should exclude them from concealed carry as well. And we definitely shouldn't offer reciprocity to aliens!
OK -- this thread just "jumped the shark"
http://en.wikipedia.org/wiki/Jumped_the_shark" onclick="window.open(this.href);return false;
- Fri Jun 25, 2010 4:18 pm
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
Yeah, but did you read that story? All I can say to N. Korea is: "Let me know how that works out for 'ya!"LarryH wrote:stevie, that link took me to North Korea's demand for $65 trillion in reparations for "atrocities", property loss, etc.stevie_d_64 wrote:
BTW, the local excuses for news in this town picked up on it as well...
http://www.abc.net.au/news/stories/2010 ... 936414.htm" onclick="window.open(this.href);return false;
(Moderators: Sorry for the OT post)
- Fri Jun 25, 2010 7:28 am
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
The problem is that Texas suspends or revokes licenses when the licensee hasn't necessarily done anything seriously wrong. It can suspend, or even revoke your license if you fail to report a change of address enough times. That's a trivial reason to remove one's self-protection rights. (An increasing fee for "failure to notify" would be a more appropriate, not to mention more profitable response.)austinrealtor wrote: For this reason (above), I think any law requiring a Texan to have a Texas CHL should include some caveat that a Utah (or other recognized out of state license) is acceptable for a Texan who has an expired (but not revoked or denied) Texas CHL.
Additionally, if you're involved in a self-defense shooting (lets assume its a justified shooting), you will most likely be charged with a felony. At that point, your license will be suspended and your firearm confiscated pending the outcome of the case. This constitutes a "guilty until proven innocent" attitude. Since Utah doesn't revoke licenses until the licensee is found guilty, this gives the (Texas revoked) licensee the right of self-protection until the case is settled, and presumably his Texas license reinstated. If the shooter is CONVICTED, his Utah license will be revoked as well.
Note that NEITHER Texas nor Utah will issue a license to someone who has committed, and been found guilty, of serious crimes. So it generally isn't a case of someone who's record contains convictions being able to get a Utah license when he is unable to qualify for a Texas license.
- Thu Jun 24, 2010 9:38 am
- Forum: General Texas CHL Discussion
- Topic: Utah CHL Instructor Story on WFAA
- Replies: 231
- Views: 32386
Re: Utah CHL Instructor Story on WFAA
That won't work -- that would create a "training level race" (as in "arms race"), with each state claiming other states don't measure-up, changing requirements to measure-up, etc. It would be a mess. (More of a mess than it already is.)bronco78 wrote:What I see in the future (Swami Marquez Says:) Non res CHL will only be valid if the other state has the same level of training required by TX CHL course of instruction.. Reciprocity will be only for those states that have that level of training.