Search found 8 matches

by Lucky45
Tue Sep 04, 2007 9:05 am
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9855

KD5NRH wrote:[Edited to add:] The wording is also not quite clear on what gaining access to a readily dischargeable firearm would be; if it was left unloaded, it doesn't meet the definition given of readily dischargeable, even if the ammunition is also readily available. The way it is written, the kid could be found holding an empty gun in one hand, and a box of ammo for it in the other, and no violation has been comitted. Does it then become a crime when the child loads the gun, or not, since the gun was not readily dischargeable when the actor failed to secure it?
Here is what I see happening. You know most people, especially in the summer time, like to run off into stores for a quick minute for whatever reason. What if a parent was "questioned" for some reason for leaving a CHILD (under 17yo) in the car alone; and upon further investigation the LEO ask if you have a firearm in the vehicle. According to the law, you can be charge with PC 46.13 "making a firearm accessible to a child." because
1. most likely it is not going to be in a locked container, but under the seat or in console or glove box.
2. most likely will not have a trigger lock or something rendering the firearm INOPERABLE.

Just look at recent posts where you people with CHL leave their firearm for more than an hour unsecured. So you know 2 minutes is nothing.
by Lucky45
Tue Sep 04, 2007 7:21 am
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9855

Will this penal code come into play also???
PC §46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
(a) In this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
(3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means
(b) A person commits an offense if a child gains access to a readily
dischargeable firearm and the person with criminal negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person knew or should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people or property;
(3) was gained by entering property in violation of this code; or
(4) occurred during a time when the actor was engaged in an agricultural
enterprise.
(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.
(f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:
(1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and
(2) the child in discharging the firearm caused the death of or serious
injury to the child.
(g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the
following warning in block letters not less than one inch in height:
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
by Lucky45
Mon Sep 03, 2007 10:36 am
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9855

casingpoint wrote:Lucky45,

I assume the Texas concealed carry database is maintained by the Texas DPS. If some police agency, pursuant to an investigation of criminal activity, wants a list of all potential gun owners in a given geographic area so it can go fishing, it is going to gain access to that data whether is is posted with the NCIC or not.
Like everything in the US, all of your information is already in the government hands. So why are you just worried about a gun?

Anyway, here is your answer.
GC §411.192. CONFIDENTIALITY OF RECORDS. (a) The department
shall disclose to a criminal justice agency information contained
in its files and records regarding whether a named individual or any
individual named in a specified list is licensed under this subchapter.
Information on an individual subject to disclosure under this section
includes the individual's name, date of birth, gender, race, and zip
code. Except as otherwise provided by this section and by Section
411.193, all other records maintained under this subchapter are confidential
and are not subject to mandatory disclosure under the open
records law, Chapter 552.
(b) An applicant or license holder may be furnished a copy of
disclosable records regarding the applicant or license holder on
request and the payment of a reasonable fee.
(c) The department shall notify a license holder of any request that
is made for information relating to the license holder under this section
and provide the name of the agency making the request.
(d) This section does not prohibit the department from making
public and distributing to the public at no cost lists of individuals who
are certified as qualified handgun instructors by the department.

SO they SHALL tell you if your name pops up on the grid if you have a CHL. If you don't have a CHL, they will just pop up at your door with their guns.
by Lucky45
Sun Sep 02, 2007 9:17 pm
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9855

casingpoint wrote:There is no gun registration involved when you get a license for concealed carry.

Well, technically, I reckon not. But THEY will know where to find you, a guy that must own guns because, well, you are registered in THEIR criminal database.
I think you need to sit down and do some research, casingpoint. Gun owners are not registered in a criminal database. The only way to get on the NCIC database is to have already been arrested and charged with a crime. That is why a clean background history means, to have NOT been entered into that database.
by Lucky45
Sun Sep 02, 2007 9:11 pm
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9855

Re: Unlawful Carrying Weapons....Will Arrests increase in TX

srothstein wrote:
KRM45 wrote: This would be no more than a class C misdemeanor.
This is still enough to make it illegal for you to have a pistol in the car. Note that the law says engaged in criminal activity other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic.

In other words, running a red light or speeding won't make it unlawfully carrying, but posting illegal signs, making unreasonable noise (disorderly conduct), theft, etc. will make it unlawfully carrying.
Exactly, srothstein. That is the main reason I came up with this topic, because I got to thinking about it and technically they are many ways that people who choose not to have a CHL ,will get caught up in the legal system very easily. And I think it really comes down to how the LEO is going to carry out his duties. HE could go by the letter of the law, or just "feel" for your ignorance and let you go.
by Lucky45
Sat Sep 01, 2007 10:44 pm
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9855

Bandit signs are those sign on the little wood stakes that litter the road like every few feet. Example, like those election time "Vote for Me" signs. But mainly like those signs that say garage sale, or home builder directional sign. They are called bandit because in some cities they are illegal to post in city right of way. Now most cities require a sticker to be put on them to be legal.
by Lucky45
Sat Sep 01, 2007 8:42 pm
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9855

I agree Glockenhammer. That is why those that don't have a CHL should think long and hard about travelling with a gun in their vehicle. They might be ignorant to the consequences of many violation that could occur. You could end getting charged from misdemeanors to felonies because of this new law.
by Lucky45
Sat Sep 01, 2007 7:28 pm
Forum: General Texas CHL Discussion
Topic: Unlawful Carrying Weapons....Will Arrests increase in TX???
Replies: 53
Views: 9855

Unlawful Carrying Weapons....Will Arrests increase in TX???

PC §46.02. UNLAWFUL CARRYING WEAPONS. (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 that is owned by the person or under the person's control.
(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 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;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01
My contention is that some people will not be aware that technically they can be arrested and charged UCW even if they don't have a CHL.
Reason why I am saying this is because although the law allows you to travel with a firearm without CHL, they are several activities that are considered common place but are they criminal activity?
For example, some city don't allow posting of "bandit" sign in the Right of ways and street poles, etc, and I see people at night setting them out. What would happen if that person had a firearm in their car and a LEO pulled up on them while they were hammering these signs on the roadway?? Would they be arrested? What type of misdemeanor is that??

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