UPDATE 2nd: 1-15-13

This sub-forum will open for posting on Sept. 1, 2012.

Moderators: carlson1, Charles L. Cotton

User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 8
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

UPDATE 2nd: 1-15-13

#1

Post by Charles L. Cotton »

HB507 - Guillen (D, A+) - Creates new offense for rounds going over school property
HB508 - Guillen (D, A+) - Creates Class C offense for public employees posting unenforceable 30.06 signs.
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18502
Joined: Sat Aug 18, 2007 3:29 pm

Re: UPDATE 2nd: 1-15-13

#2

Post by Keith B »

Charles L. Cotton wrote:HB507 - Guillen (D, A+) - Creates new offense for rounds going over school property
HB208 - Guillen (D, A+) - Creates Class C offense for public employees posting unenforceable 30.06 signs.
:hurry:
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

RPB
Banned
Posts in topic: 2
Posts: 8697
Joined: Tue Nov 17, 2009 8:17 pm

Re: UPDATE 2nd: 1-15-13

#3

Post by RPB »

Charles L. Cotton wrote: HB208 - Guillen (D, A+) - Creates Class C offense for public employees posting unenforceable 30.06 signs.
:thumbs2:
I'm no lawyer

"Never show your hole card" "Always have something in reserve"
User avatar

baldeagle
Senior Member
Posts in topic: 2
Posts: 5240
Joined: Tue May 25, 2010 8:26 pm
Location: Richardson, TX

Re: UPDATE 2nd: 1-15-13

#4

Post by baldeagle »

Charles L. Cotton wrote:HB507 - Guillen (D, A+) - Creates new offense for rounds going over school property
HB208 - Guillen (D, A+) - Creates Class C offense for public employees posting unenforceable 30.06 signs.
Charles, is this a big problem? Shots crossing educational facility boundaries? Seems a rather odd bill.

The other bill is HB 508, not HB 208. I like it.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
NRA Life Member Texas Firearms Coalition member
User avatar

A-R
Senior Member
Posts in topic: 2
Posts: 5776
Joined: Sun Apr 12, 2009 5:01 pm
Location: Austin area

Re: UPDATE 2nd: 1-15-13

#5

Post by A-R »

Keith B wrote:
Charles L. Cotton wrote:HB507 - Guillen (D, A+) - Creates new offense for rounds going over school property
HB208 - Guillen (D, A+) - Creates Class C offense for public employees posting unenforceable 30.06 signs.
:hurry:
:thewave

:clapping:
User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 8
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: UPDATE 2nd: 1-15-13

#6

Post by Charles L. Cotton »

baldeagle wrote:
Charles L. Cotton wrote:HB507 - Guillen (D, A+) - Creates new offense for rounds going over school property
HB208 - Guillen (D, A+) - Creates Class C offense for public employees posting unenforceable 30.06 signs.
Charles, is this a big problem? Shots crossing educational facility boundaries? Seems a rather odd bill.

The other bill is HB 508, not HB 208. I like it.
Thanks for catching the typo.

I consider HB507 a bad bill because it is a strict liability crime. There's already a provision in the Wildlife Code that makes it a strict liability crime to fire a shot that crosses a property line, but it's only a Class C Misdemeanor. I don't like it, but at least the penalty is minimal. With HB507, a person need not intentionally, knowingly or recklessly discharge a firearm in the direction of a school. All that matters is that they pulled the trigger.

If HB507 passes, someone could fire a round and be subject to a Class A Misdemeanor (1 year in jail and/or $4,000 fine) and loss their CHL for 5 to 7 years even if:
1. They had no idea a school are within range or the round fired ricocheted multiple times causing it to cross school property; and
2. No one was injured and no property damage occurred;

HB507 is a bad bill.

Chas.

RHenriksen
Senior Member
Posts in topic: 1
Posts: 2058
Joined: Sun Mar 01, 2009 1:59 pm
Location: Houston

Re: UPDATE 2nd: 1-15-13

#7

Post by RHenriksen »

A-R wrote:
Keith B wrote:
Charles L. Cotton wrote:HB507 - Guillen (D, A+) - Creates new offense for rounds going over school property
HB208 - Guillen (D, A+) - Creates Class C offense for public employees posting unenforceable 30.06 signs.
:hurry:
:thewave

:clapping:
Bravo!!!!! :patriot: :hurry: :thewave

Now... just how will they find out WHICH public employee is culpable for posting an unenforceable sign? Nobody is better at passing the buck & ducking accountability than our fine public employees...

Agree on 507 being a bad bill...
I'll quit carrying a gun when they make murder and armed robbery illegal

Houston Technology Consulting
soup-to-nuts IT infrastructure design, deployment, and support for SMBs

RPB
Banned
Posts in topic: 2
Posts: 8697
Joined: Tue Nov 17, 2009 8:17 pm

Re: UPDATE 2nd: 1-15-13

#8

Post by RPB »

And ... with
HB507

How in the world would you figure out who to prosecute (OR HOW TO :smilelol5: ) for the bullet holes at UTEP that originated across the border in Juarez :roll:
I'm no lawyer

"Never show your hole card" "Always have something in reserve"

South Texas RGV
Junior Member
Posts in topic: 1
Posts: 15
Joined: Tue Dec 13, 2011 1:11 pm

Re: UPDATE 2nd: 1-15-13

#9

Post by South Texas RGV »

Regarding HB507, I'm wondering whether the sponsor had in mind the late-2011 shooting of two middle school students down here in the Valley, in Edinburg. The last I recall reading, the shooter was someone sighting in a rifle in a field adjacent to the school. He sent stray rounds onto a basketball court while kids were out shooting baskets. I believe he's still awaiting trial.

The bill does seem ill-considered for the reasons already mentioned, but since Guillen's district reaches down this way (not including Edinburg), perhaps this gave rise to the proposal.

TexasCajun
Senior Member
Posts in topic: 1
Posts: 1554
Joined: Mon Aug 06, 2012 4:58 pm
Location: La Marque, TX

Re: UPDATE 2nd: 1-15-13

#10

Post by TexasCajun »

RPB wrote:And ... with
HB507

How in the world would you figure out who to prosecute (OR HOW TO :smilelol5: ) for the bullet holes at UTEP that originated across the border in Juarez :roll:
BHO & EH! I think that would fall under the 'high crimes & misdemeanors' clause of the constitution.... :anamatedbanana :biggrinjester:
Opinions expressed are subject to change without notice.
NRA TSRA TFC CHL: 9/22/12, PSC Member: 10/2012

cyphur
Senior Member
Posts in topic: 1
Posts: 1334
Joined: Fri Jun 23, 2006 10:02 am
Location: DFW, Tx

Re: UPDATE 2nd: 1-15-13

#11

Post by cyphur »

Charles L. Cotton wrote:HB507 - Guillen (D, A+) - Creates new offense for rounds going over school property
HB508 - Guillen (D, A+) - Creates Class C offense for public employees posting unenforceable 30.06 signs.
Bravo on 508, boo on 507.


We are all already responsible for every bullet that leaves every gun, whether on a range, in self defense, or otherwise. I am not sure why/how they can prove who shot what when and why. Sounds like a feel-good law that will be abused down the road.
User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 8
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: UPDATE 2nd: 1-15-13

#12

Post by Charles L. Cotton »

South Texas RGV wrote:Regarding HB507, I'm wondering whether the sponsor had in mind the late-2011 shooting of two middle school students down here in the Valley, in Edinburg. The last I recall reading, the shooter was someone sighting in a rifle in a field adjacent to the school. He sent stray rounds onto a basketball court while kids were out shooting baskets. I believe he's still awaiting trial.

The bill does seem ill-considered for the reasons already mentioned, but since Guillen's district reaches down this way (not including Edinburg), perhaps this gave rise to the proposal.
You are exactly right. It's a case of an unfortunate situation leading to a bad bill.

Chas.

JP171
Banned
Posts in topic: 3
Posts: 1406
Joined: Tue Apr 05, 2011 5:47 am
Location: San Leon Texas

Re: UPDATE 2nd: 1-15-13

#13

Post by JP171 »

I wonder about HB 508 section C, the language lends itself to a very broad interpretation.


(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, in the room or rooms
where a [at any] meeting of a governmental entity is held [/color]
and if the
meeting is an open meeting subject to Chapter 551, Government Code,
and the entity provided notice as required by that chapter

The Bold is the new language the blue is the old. I think that provides a loophole for abuse as in the city council uses all the rooms at city hall as meeting rooms as Texas law defines a meeting as 2 or more, council members are always going into each others offices.

possibly I am just being paranoid, however its not paranioa if they are out to get us
User avatar

Choctaw
Member
Posts in topic: 1
Posts: 67
Joined: Fri Mar 02, 2012 9:47 pm
Location: Euless, TX
Contact:

Re: UPDATE 2nd: 1-15-13

#14

Post by Choctaw »

JP171 wrote:I wonder about HB 508 section C, the language lends itself to a very broad interpretation.


(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, in the room or rooms
where a [at any] meeting of a governmental entity is held [/color]
and if the
meeting is an open meeting subject to Chapter 551, Government Code,
and the entity provided notice as required by that chapter

The Bold is the new language the blue is the old. I think that provides a loophole for abuse as in the city council uses all the rooms at city hall as meeting rooms as Texas law defines a meeting as 2 or more, council members are always going into each others offices.

possibly I am just being paranoid, however its not paranioa if they are out to get us
I will say that NOT being paranoid is why we are where we are NOW!..We have been complacent for far too many years. I agree with your paranoia.
35 days...mailbox to mailbox

Rex B
Senior Member
Posts in topic: 1
Posts: 3615
Joined: Thu Jul 06, 2006 3:30 pm
Location: DFW

Re: UPDATE 2nd: 1-15-13

#15

Post by Rex B »

JP171 wrote:I wonder about HB 508 section C, the language lends itself to a very broad interpretation.


(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, in the room or rooms
where a [at any] meeting of a governmental entity is held [/color]
and if the
meeting is an open meeting subject to Chapter 551, Government Code,
and the entity provided notice as required by that chapter

The Bold is the new language the blue is the old. I think that provides a loophole for abuse as in the city council uses all the rooms at city hall as meeting rooms as Texas law defines a meeting as 2 or more, council members are always going into each others offices.
Change "held" to a "currently in progress" might make it work
-----------
“Sometimes there is no alternative to uncertainty except to await the arrival of more and better data.” C. Wunsch
Post Reply

Return to “2013 Texas Legislative Session”