Search found 5 matches

by dhoobler
Fri Jan 22, 2016 11:27 am
Forum: General Texas CHL Discussion
Topic: Combined 30.06 and 30.07 sign
Replies: 54
Views: 12037

Re: Combined 30.06 and 30.07 sign

ScottDLS wrote:
dhoobler wrote:
ScottDLS wrote:I see what you are saying, but I refuse to compromise my rights because some court might make the wrong decision. It also helps that it's a class C. I'm not quite as willing to risk a felony.
It is only a class C misdemeanor, but it is still a conviction for a non-traffic offense. It still carries consequences beyond a $200 fine, including having to disclose it to a potential employer who may not share you opinion about gun ownership.

Here is something to think about. The 1968 GCA originally prohibited felons from buying guns. In 1996, the Lautenberg amendment extended that prohibition to any misdemeanor domestic violence conviction, including those where there was no physical confrontation. The Lautenberg amendment was applied retroactively. A lot of people, including some police officers, found themselves loosing their 2nd amendment rights, and in the case of police, their jobs. Many of these convictions were due to an ugly divorce that included filing bogus claims of DV to be used as leverage.

Who is to say that a future federal law won't extend the prohibition of gun purchasing/ownership to any "gun related offense". I am not willing to take that risk.
What is the legal difference in Texas between the crime (class C) of speeding and a class C 30.06 violation? Nothing. :rules:

There are some specific cases in 46.02 and 9.31 & 9.32, that treat them differently in applying legal justification, but in terms of a criminal "record" they are all the same. I'm not even sure if Texas maintains records of class C "convictions". I've spent some time searching the DPS criminal record database and not found any, other than when someone was arrested...which you can be for speeding.

In Texas speeding, seat belt violations, and stop sign "rolling" are CRIMES. And you have the right to a jury trial, if you want to force the State to prove your guilt beyond a reasonable doubt. If some future employer cares about them, or any other class C's then they are going to severely limit their employee pool. Their loss. :lol:

I don't drive 5 miles under the speed limit because I'm afraid of being busted by a badly calibrated radar and convicted by a crooked JP. Now if there was capital punishment for speeding, I probably would... :shock:

Carrying WITH a LTC is technically a DEFENSE to 46.02, a class A misdemeanor? Are you willing to risk CC with our current judiciary...I am. :biggrinjester:
In 1995, there was no difference between a misdemeanor DV conviction and a misdemeanor traffic conviction, at least as it relates to gun ownership.

Your bringing up the traffic offenses like seat belt violations is a red herring since I already noted (or at least implied) that they don't matter.
by dhoobler
Fri Jan 22, 2016 10:49 am
Forum: General Texas CHL Discussion
Topic: Combined 30.06 and 30.07 sign
Replies: 54
Views: 12037

Re: Combined 30.06 and 30.07 sign

ScottDLS wrote:I see what you are saying, but I refuse to compromise my rights because some court might make the wrong decision. It also helps that it's a class C. I'm not quite as willing to risk a felony.
It is only a class C misdemeanor, but it is still a conviction for a non-traffic offense. It still carries consequences beyond a $200 fine, including having to disclose it to a potential employer who may not share you opinion about gun ownership.

Here is something to think about. The 1968 GCA originally prohibited felons from buying guns. In 1996, the Lautenberg amendment extended that prohibition to any misdemeanor domestic violence conviction, including those where there was no physical confrontation. The Lautenberg amendment was applied retroactively. A lot of people, including some police officers, found themselves loosing their 2nd amendment rights, and in the case of police, their jobs. Many of these convictions were due to an ugly divorce that included filing bogus claims of DV to be used as leverage.

Who is to say that a future federal law won't extend the prohibition of gun purchasing/ownership to any "gun related offense". I am not willing to take that risk.
by dhoobler
Fri Jan 22, 2016 10:04 am
Forum: General Texas CHL Discussion
Topic: Combined 30.06 and 30.07 sign
Replies: 54
Views: 12037

Re: Combined 30.06 and 30.07 sign

ScottDLS wrote:
dhoobler wrote:
ScottDLS wrote:
dhoobler wrote:Is there any case law where there was no prosecution or a conviction was overturned due to an invalid sign?
There was a Plano nurse that carried in a non-posted hospital and the DA didn't prosecute. If you do a decent job CC'ing it's highly unlikely it's ever going to court.
There is a difference between a non-posted location and a location that is posted with an invalid sign.
Legally there is not. Sign for "notice" are clearly defined in the law. Maybe this is why in the DPS statistics there have been no convictions on PC 30.06 in 18+ years, at least last time I looked. I'm not waiting for a judge to tell me I can do something that's already legal.
You have way more confidence in the courts to follow the letter and the intent of the law than I do. When the courts start following the text below, I might change my attitude.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
by dhoobler
Fri Jan 22, 2016 9:35 am
Forum: General Texas CHL Discussion
Topic: Combined 30.06 and 30.07 sign
Replies: 54
Views: 12037

Re: Combined 30.06 and 30.07 sign

ScottDLS wrote:
dhoobler wrote:Is there any case law where there was no prosecution or a conviction was overturned due to an invalid sign?
There was a Plano nurse that carried in a non-posted hospital and the DA didn't prosecute. If you do a decent job CC'ing it's highly unlikely it's ever going to court.
There is a difference between a non-posted location and a location that is posted with an invalid sign.
by dhoobler
Fri Jan 22, 2016 9:24 am
Forum: General Texas CHL Discussion
Topic: Combined 30.06 and 30.07 sign
Replies: 54
Views: 12037

Re: Combined 30.06 and 30.07 sign

Is there any case law where there was no prosecution or a conviction was overturned due to an invalid sign?

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