Texas Carry Executive Director sued for filing signage complaint against Waller County

[ELB]

.... The bill I drafted for the 2017 session allows LTCs to carry in courts, offices, etc., as long as they are not a party or witness in a case that is then being heard in that court. In larger counties like Harris and Dallas Counties, most folks have no reason to enter a court building unless they are involved in a case. In smaller counties, courts are often in multi-use buildings and this is where my bill will have the greatest impact in terms of courts and court buildings. Spectators will be able to carry in courtroom, but those typically are few in number.

Chas.

Is the 2017 bill otherwise much different than HB 308 (as introduced, or as substituted in committee) in the last session?

[Charles L. Cotton]

.... The bill I drafted for the 2017 session allows LTCs to carry in courts, offices, etc., as long as they are not a party or witness in a case that is then being heard in that court. In larger counties like Harris and Dallas Counties, most folks have no reason to enter a court building unless they are involved in a case. In smaller counties, courts are often in multi-use buildings and this is where my bill will have the greatest impact in terms of courts and court buildings. Spectators will be able to carry in courtroom, but those typically are few in number.

Chas.

Is the 2017 bill otherwise much different than HB 308 (as introduced, or as substituted in committee) in the last session?

Yes, but I'd have to look at them side-by-side to answer how they are different. The court issue being discussed is one and my treatment of 51% locations is another. Also, my current version would allow an LTC to carry in a 51% location, but not consume alcohol while in the bar. I know, some people will ask why when it's okay to drink in a restaurant so long as you don't get drunk. The answer is simple, I'm trying to get the bill passed.

My 2017 bill is significantly different that the committee substitute for HB308.

Chas.

[Jusme]

My wife found this older news story, which really points to the kind of character the district attorney in Waller County has: http://www.chron.com/news/houston-texas ... 525581.php

This guy needs to go. He's gotten too power hungry and clearly feels invincible.

Sound like a real peach of a guy.

I guess we shouldn't be surprised by his latest lawsuit, if he was going to sue a pastor, who was exercising his 1A rights. I guess since the Constitution is housed in Washington DC, then he thinks it's too far away from Hempstead to be relevant there.

[KLB]

By filing such a number of complaints, Holcomb, who isn't a resident of any of these counties but possibly one, almost takes on the hue of an officious intermeddler.

Officious intermeddler? Like Martin Luther King? MLK was a civil rights activist This guy is, too.

Complain, if you will, that the March across the Edmond Pettus bridge was intermeddling, but most of us won't buy it.

[locke_n_load]

.... The bill I drafted for the 2017 session allows LTCs to carry in courts, offices, etc., as long as they are not a party or witness in a case that is then being heard in that court. In larger counties like Harris and Dallas Counties, most folks have no reason to enter a court building unless they are involved in a case. In smaller counties, courts are often in multi-use buildings and this is where my bill will have the greatest impact in terms of courts and court buildings. Spectators will be able to carry in courtroom, but those typically are few in number.

Chas.

Is the 2017 bill otherwise much different than HB 308 (as introduced, or as substituted in committee) in the last session?

Yes, but I'd have to look at them side-by-side to answer how they are different. The court issue being discussed is one and my treatment of 51% locations is another. Also, my current version would allow an LTC to carry in a 51% location, but not consume alcohol while in the bar. I know, some people will ask why when it's okay to drink in a restaurant so long as you don't get drunk. The answer is simple, I'm trying to get the bill passed.

My 2017 bill is significantly different that the committee substitute for HB308.

Chas.

Could we not just strike all 51% language from the penal code and call it a day?

It seems strange to me that we just keep adding language to the penal code for clarifications instead of just removing text, making it simpler.

[JALLEN]

Interesting:
Legal Assistant/Paralegal filing a petition/motion in Clerk's office etc ... isn't a party/witness

Just brainstorming what might arise in conversations on the House/Senate hearings/Floor
I'm unclear in certain situations:
Executor/Administrator in a Probate case, going to Clerk's office in Harris County Courthouse to get say copies of Letters Testamentary
Guardian ...
well anyone who might be a party in Clerk's office in Courthouse filing/picking up papers, not in the Courtroom, but in the clerk's office

Anxious to see that Bill get passed !!
Thank you !!!

Lawyers are neither witnesses nor parties, of course and could carry.

[ELB]

Is the 2017 bill otherwise much different than HB 308 (as introduced, or as substituted in committee) in the last session?

Yes, but I'd have to look at them side-by-side to answer how they are different. The court issue being discussed is one and my treatment of 51% locations is another. Also, my current version would allow an LTC to carry in a 51% location, but not consume alcohol while in the bar. I know, some people will ask why when it's okay to drink in a restaurant so long as you don't get drunk. The answer is simple, I'm trying to get the bill passed.

My 2017 bill is significantly different that the committee substitute for HB308.

Chas.

Thanks for the info!

[Scott Farkus]

Could we not just strike all 51% language from the penal code and call it a day?

It seems strange to me that we just keep adding language to the penal code for clarifications instead of just removing text, making it simpler.

There's more to it than just the 51% stuff. All that holdover amusement park language, for one, which the Dallas Zoo is using to skirt the law. No reason that I know of that sporting events need to be statutorily excluded. Etc.

But I agree, we need to just strike it all rather than adding "does not apply to section (d) (e) and (f)" or whatever.

[RoyGBiv]

Are courthouses, in their entirety, on the list of places that we plan on trying to remove from prohibited places?

All places that law enforcement officers are allowed to carry firearms should apply to LTC holders. The only places they have to disarm are secured portions of jails and prisons. Courthouses, including court rooms, even off duty, police can carry either openly or concealed. TABC 51% locations, LEOs can carry. Professional, collegiate, and high school sporting events are ok for LEOs. All Texas school district premises, on duty or off are ok for police to carry. There is no sound reason to restrict those of us with LTC from carrying in these locations also. We have proven ourselves to be even more law abiding than LEOs, and it is only the prevailing attitudes of those who think only the police should be armed, that have kept us from having that freedom. Of course that still only applies to LTC holders, and doesn't touch on Constitutional Carry.

If I recall correctly, Charles indicated his position is those directly involved in the court proceeding or related to those that are involved should not be allowed to carry in the courtrooms. That is off the top of my head and my recollection may be off some.

I can accept that restriction as I know court cases can get very heated and emotions can run very high.

You are correct. The bill I drafted for the 2017 session allows LTCs to carry in courts, offices, etc., as long as they are not a party or witness in a case that is then being heard in that court. In larger counties like Harris and Dallas Counties, most folks have no reason to enter a court building unless they are involved in a case. In smaller counties, courts are often in multi-use buildings and this is where my bill will have the greatest impact in terms of courts and court buildings. Spectators will be able to carry in courtroom, but those typically are few in number.

Chas.

Jurors?

I hated having to lock my gun in the car serving jury duty in FTW.

[mojo84]

Roy, that's a good point. I think they are some of the ones that should be allowed the most since they are the ones issuing a verdict with whom one of the two sides will be unhappy.

[Jusme]

Roy, that's a good point. I think they are some of the ones that should be allowed the most since they are the ones issuing a verdict with whom one of the two sides will be unhappy.

As I said earlier, I think this will be a very difficult fight in the legislature, Charles probably has the right idea, in that parties directly involved in the cases, will still be prohibited, and that would include jurors. Not that I agree with that premise, it's just that the push back will be very difficult to overcome, because there will be the prevailing fear among the left, that a juror may decide to become an executioner after hearing the facts of the case.

Again, I don't believe that will ever be an issue, simply because of our track record. But I agree with Charles that we will have to take these things in small incremental, steps, just to start the process of getting prohibited places removed, even if there will still be some restrictions. JMHO

[dawgfishboy]

Is providing a secure place to lock it up while in the building too much to ask (or a bad idea)? Some of us prefer to ride mass transit vs driving downtown when summonsed.

[RoyGBiv]

Is providing a secure place to lock it up while in the building too much to ask (or a bad idea)? Some of us prefer to ride mass transit vs driving downtown when summonsed.

I was just about to ask the same question.
I don't mind serving, I do mind having to choose between leaving my gun at home or locked in the car in a parking lot known to have theft problems.