Hello all. Long time lurker here.
You might find the following e-mail exchange I had with DA Rosenthal interesting. (edited only for formatting and anonymity)
Jason XXXXXXXX <jason.XXXXXXXX @gmail.com> 12:16 pm
to
ChuckRosenthal@dao.hctx.net
date Sep 5, 2007 12:16 PM
subject HB 1815
mailed-by gmail.com
I would like to learn your official thoughts on HB 1815, "Motorist
Protection Act" which went into effect on 01 September, 2007.
I respectfully submit to you a weblink for the bill text, as copying it and
pasting it into this e-mail causes the loss of some formatting.
http://www.capitol.state.tx.us/tlodocs/ ... 01815I.htm
I also respectfully submit to you the following:
"AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The 79th Legislature, Regular Session, 2005, passed a law that was intended
to legalize the carrying of handguns in private motor vehicles by persons
not licensed by the Texas Department of Public Safety (DPS) to carry
concealed handguns. Prior to that, the law had established a defense to
prosecution against a charge of unlawful carrying of a weapon (UCW) if the
person was traveling.
The 2005 law established a legal presumption in Section 46.15, Penal Code,
that a person was traveling if he or she was in a private motor vehicle; was
not engaged in criminal activity other than a Class C misdemeanor or other
traffic regulation; was not prohibited by law from possessing a firearm; was
not a member of a criminal street gang; and was not carrying a handgun in
plain view.
However, some district attorneys instructed police departments to continue
making UCW arrests of motorists who would qualify for the traveling
presumption despite the clear intent of the legislature to establish
protection for such motorists from such arrests in state code. Unsuspecting
motorists who believe they are complying with the intent and spirit of the
law could still face arrest and UCW charges - and then be forced to spend
time and resources hiring an attorney to submit evidence that they qualify
for the traveling presumption under the law.
H.B. 1815 clarifies that a person has a right to carry a handgun, club or
certain knives on the person's own premises or premises under his control,
or inside of, or en route, to a motor vehicle under the person's control. It
would redefine the UCW offense in Penal Code Section 46.02 and specify that
the same criteria a person has to meet in order to qualify for the traveling
presumption under current law would need to be met under Section 46.02,
Penal Code, to avoid committing a UCW offense."
Thank you for your time, and I appreciate your response on this matter.
Jason XXXXXXXX
Houston, TX
----------------
from DA <
DA@dao.hctx.net> 1:03 pm
to Jason XXXXXXXX <jason.XXXXXXXX @gmail.com>
date Sep 5, 2007 1:03 PM
subject RE: HB 1815
mailed-by dao.hctx.net
My official thought is that it is the law.
----------------
Jason XXXXXXXX <jason.XXXXXXXX @gmail.com> 1:37 pm
to DA <
DA@dao.hctx.net>
date Sep 5, 2007 1:37 PM
subject Re: HB 1815
mailed-by gmail.com
I appreciate your prompt response.
However, I respectfully ask for a some elaboration as rumors are
circulating that the District Attorney's Office has not changed its
previous stance despite the passage of HB 1815.
You were quoted in August 2005 as stating ""It is still going to be
against the law for (unlicensed) persons to carry handguns in autos,"
after the passage of HB 823 which had appeared to have the same
legislative intent.
Thank you for your time.
-Jason XXXXXXXX
Houston, TX
------------------
DA <
DA@dao.hctx.net> 5:06 pm
to Jason XXXXXXXX <jason.XXXXXXXX @gmail.com>
date Sep 5, 2007 5:06 PM
subject RE: HB 1815
mailed-by dao.hctx.net
I do not elaborate. Criminal prosecutions are all based on provable
historical facts rather than prospective speculations.
They repealed the law passed in 2005.
------------------
-p.