Renegade wrote:Scott Murray wrote:This may be a test case.
http://www.chron.com/disp/story.mpl/hea ... 58523.html
The gist of this article is that the shooter may be charged with violating the 30.06 signs posted at the door. I don't believe such signs should be legally valid, since the George R. Brown is a publicly owned facility. The counter argument is that they are because they are being leased by a private party.
I do not believe they are valid even if it is private facility. 30.06 only applies to folks carry gun under CHL law. For example:
Three people enter a Gun Show with concealed handguns, one a Peace Officer with CHL, one a regluar Joe with CHL, and one a soccer mom without CHL. Will the Peace Officer get charged? No. Will the soccer mom get charged? No. So neither should the CHL. Whatever law allows a non-CHL to carry a handgun into a gun show should also apply to the CHL.
Likewise, I have been carrying handguns to gun shows legally since before I had a CHL. Whatever mechanism allowed that, continues to this day. What I am saying is, when I carry handgun to a Gun Show, I am not doing so under provisions of CHL law, so 30.06 does not apply.
Of course, bad facts make bad law so who knows what precedent will be set.
Very true...
The only clear fact is that he carried a loaded firearm into a place/event that has a rule, not a law, a rule (and a great rule it is) to not do so...No penalties are enumerated to any violation to that rule other than they may ask you to leave...Thats all I understand it to be...
But for myself, if I have to bring a firearm into a gunshow, it will already be unloaded, and the action zip tied...And any firearm I carry for self defense I will lock up in the vehicle safe outside the event and continue on with my business inside...That way I will always know what I have and what condition it is in...
The guy here at the gunshow didn't take adequate precautions...Nor did he prepare well...And he paid for that mistake and oversight...I don't think there is anyone here who would not be embarrassed or otherwise humiliated if this had happened to you...
The real question you have to ask yourself at this point is, is that this guy has not been charged, and is due to go speak to the police undoubtably this week...Would you go to that meeting without legal representation???
Let say his CHL has been confiscated, the firearms he had with him (at the time) have been confiscated...Do you think he should get them back soon??? Firearms, but maybe not the CHL over a short suspension...
"Perseverance and Preparedness triumph over Procrastination and Paranoia every time.” -- Steve
NRA - Life Member
"Quis custodiet ipsos custodes?"
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