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by Keith B
Tue Jul 10, 2012 7:08 pm
Forum: General Texas CHL Discussion
Topic: Failure to Conceal?
Replies: 87
Views: 15002

Re: Failure to Conceal?

Longshot38 wrote:Again this has to do with scope of law. Which I have provided all the evidence I need. The most glaring being the DUI example. The TPC does say the it is a crime to drive while intoxicated. However this does not apply to private roadways and property. While I can be arrested for driving down the a public roadway while drunk, I can not be arrested or charged with crime if I drive on the private road in front of my home or in pasture behind my home while intoxicated. Which is the exact point I have been making this entire time. Just because it is in the TPC does not mean it is all encompassing. Rather it is something that has to be taken in context. So back to the original conversation. TPC 46 is designed to allow citizens with a CHL the ability to carry in public areas, private property is allowed to set the rules as they see fit. Hints the 30.06 portion of the law. It allows for those that wish to restrict CHL holders the ability to do so. Which is clear indication that the law was designed in a manner as not to run over the rights of property owners.
First off, it would be a DWI in Texas unless you were a minor, then it is DUI. Second, the flaw in your interpretation is that TPC 49.04 (Driving while intoxicated) states it's a crime to drive while intoxicated 'in a public place', so that specifically EXCLUDES private property. In TPC 46, there is not a delineation between public and private property, so it applies to all property.

So, you can try to pick and choose the parts of the penal code you would LIKE to apply to you, but it won't fly. You can try to be an Internet Lawyer all you want, but you are arguing with a REAL lawyer and a certified law enforcement officer who each have more time doing their jobs than you are old, so I think you need to cease and try to buffalo someone else.
by Keith B
Tue Jul 10, 2012 4:49 pm
Forum: General Texas CHL Discussion
Topic: Failure to Conceal?
Replies: 87
Views: 15002

Re: Failure to Conceal?

Sorry LT. OK, back on topic. If you are eating those eggs, don't fail to conceal the fact. "rlol"
by Keith B
Tue Jul 10, 2012 4:36 pm
Forum: General Texas CHL Discussion
Topic: Failure to Conceal?
Replies: 87
Views: 15002

Re: Failure to Conceal?

RPB wrote:I never tasted hard-boiled Bald Eagle eggs ... my brother has a nest on his property ... I'll ask him if ...
:roll:
They taste the same as spotted owl eggs. :mrgreen:
by Keith B
Tue Jul 10, 2012 3:59 pm
Forum: General Texas CHL Discussion
Topic: Failure to Conceal?
Replies: 87
Views: 15002

Re: Failure to Conceal?

Longshot38 wrote:
Songbird wrote:
Longshot38 wrote:You might be a fine attorney who wrote TPC 46 but there is more to the Penal Code then that. And I can promise you that in real world practical application of the law you are dead wrong, I know this because I live it everyday. And I will stand behind what I have said to the point being the first test case. I am confident in this because no officer would charge me, no TX DA would accept the charges, and no jury would convict me. In the world outside the pages of the TPC your argument has no merit.
I know I'm going to regret this. Can't stand it any longer though. I've been reading this thread all day. One would think that a person who is such an authority on the laws of our fine State would know the difference between "then" and "than", and would understand VERY basic sentence structure.

Sorry. I had to do it. "rlol"
I'm glad you find my dyslexia so amusing seeing as I have so much control over that.
Maybe if you're dyslexic it affects the way you are reading the law and failing to get the proper comprehension?
by Keith B
Tue Jul 10, 2012 11:23 am
Forum: General Texas CHL Discussion
Topic: Failure to Conceal?
Replies: 87
Views: 15002

Re: Failure to Conceal?

Longshot38 wrote: The last little bit of 46.02 is that kills your argument, "premises under the person's control", via verbal agreement my friends have been told in no unclear terms that they have an open invitation anytime and if they need a place to reside or live then my couch is always available. Hints why it doesn't apply here. As far as I am concerned when my friends show up then the premises is under their control. They can do what they please and have run of the place.
Here's where you are misinterpreting the 'under their control' There can only be one person present in control. An example you may understand is being a control operator on an amateur radio station. You may allow a person to use the station, even if they are not licensed, but YOU are the control operator and your license is responsible for it. Same with a vehicle, only one person is in control at a time. Same with my house, I am in control. The only way someone else would be left in control is if I relinquish said control and am absent from my home. Otherwise, the full control of the home falls back to me as the owner when I am present.

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