Unlawful Carrying Weapons....Will Arrests increase in TX???

[Crossfire]

Issues, guys, keep it about the ISSUES.

Please. Thanks.

[BrassMonkey]

I did say thank you...

[casingpoint]

"What does having a CHL have to do with owning a gun?"

I may be an Aggie, but somehow even I get linkage here.

[mr surveyor]

"What does having a CHL have to do with owning a gun?"


absolutely nothing!

[stevie_d_64]

Here we go again...

Yep...again...

1. Ask him - And I have no idea who you are so I can't compare you too

Thats a little difficult now...And yeah, technically there is not a lot of difference in that regard...

2. People are griping about what information is available to "the man" just pointing that most of that info is available to people not, "the man"

I haven't seen a lot of that, but then again it may be in that other forum...

3. I have nothing at all to prove, this is an internet forum. Use the information you find as you see fit

Hey! Looky there! You got that right...

4. I participate here because occasionally, I learn something...

Fabulous...

Thank you, come again...

Yer welcome, I'm not going anywhere...

[carlson1]

Issues, guys, keep it about the ISSUES.

Please. Thanks.

[Lucky45]

Will this penal code come into play also???

PC §46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
(a) In this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
(3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means
(b) A person commits an offense if a child gains access to a readily
dischargeable firearm and the person with criminal negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person knew or should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people or property;
(3) was gained by entering property in violation of this code; or
(4) occurred during a time when the actor was engaged in an agricultural
enterprise.
(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.
(f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:
(1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and
(2) the child in discharging the firearm caused the death of or serious
injury to the child.
(g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the
following warning in block letters not less than one inch in height:
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."

[KD5NRH]

(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;

Darn, lawful purposes. That spoils my plan to use children as cheap evil minions.

(4) occurred during a time when the actor was engaged in an agricultural
enterprise.

Now this can lead to interesting interpretations; the actor, not the child, so you're apparently excused if you were out watering the tomatoes, tending the geraniums, or engaging in some in-closet hydroponics, but not while you're, say, rushing your spouse to the emergency room.

I had always misread it as the child being engaged in the activity, which made a lot more sense. (Letting 16-year-old-and-quite-responsible Junior take a gun with him while he's plowing the back 40, for example)

[Edited to add:] The wording is also not quite clear on what gaining access to a readily dischargeable firearm would be; if it was left unloaded, it doesn't meet the definition given of readily dischargeable, even if the ammunition is also readily available. The way it is written, the kid could be found holding an empty gun in one hand, and a box of ammo for it in the other, and no violation has been comitted. Does it then become a crime when the child loads the gun, or not, since the gun was not readily dischargeable when the actor failed to secure it?

[stash]

Regarding the discussion earlier in this thread about the 1000' school gun free zone, am I correct in thinking that if a Texas resident carries on another states license (lets say Utah - seems to be popular around here), they would be in violation of that gun zone thing? Seems I read that once but can't remember for sure.

[Lucky45]

[Edited to add:] The wording is also not quite clear on what gaining access to a readily dischargeable firearm would be; if it was left unloaded, it doesn't meet the definition given of readily dischargeable, even if the ammunition is also readily available. The way it is written, the kid could be found holding an empty gun in one hand, and a box of ammo for it in the other, and no violation has been comitted. Does it then become a crime when the child loads the gun, or not, since the gun was not readily dischargeable when the actor failed to secure it?

Here is what I see happening. You know most people, especially in the summer time, like to run off into stores for a quick minute for whatever reason. What if a parent was "questioned" for some reason for leaving a CHILD (under 17yo) in the car alone; and upon further investigation the LEO ask if you have a firearm in the vehicle. According to the law, you can be charge with PC 46.13 "making a firearm accessible to a child." because
1. most likely it is not going to be in a locked container, but under the seat or in console or glove box.
2. most likely will not have a trigger lock or something rendering the firearm INOPERABLE.

Just look at recent posts where you people with CHL leave their firearm for more than an hour unsecured. So you know 2 minutes is nothing.

[seamusTX]

I agree this scenario is possible, but the child would have to be in the vehicle without adult supervision. If an adult is present, no offense has been committed.

I think leaving children in a parked vehicle with a handgun is just nuts, as is leaving them in a vehicle with the keys. Children are always at more risk than adults.

- Jim

[para driver]

I think all the signs, codes and regs are just 'words' until someone actually tests them in a Court of Law..

[Crossfire]

Regarding the discussion earlier in this thread about the 1000' school gun free zone, am I correct in thinking that if a Texas resident carries on another states license (lets say Utah - seems to be popular around here), they would be in violation of that gun zone thing? Seems I read that once but can't remember for sure.

You are correct. The federal gun free school zone exemption for CHL holders only applies if you hold a permit from the state you reside in.

[mikeloc]

(ii) if the individual possessing the firearm is licensed to do so by the
State in which the school zone is located or a political subdivision of the State,
and the law of the State or political subdivision requires that, before an
individual obtains such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified under law to receive
the license;

It does not say you must have a license from the state you live in, but the state the school zone in located. Therefore, if you drive by a school in another state that accepts your Texas license you're not covered unless you have a license from the state you're visiting.

Good thing they don't check this all the time.

Mike

[seamusTX]

It does not say you must have a license from the state you live in, but the state the school zone in located. Therefore, if you drive by a school in another state that accepts your Texas license you're not covered unless you have a license from the state you're visiting.

I would argue that reciprocity means that if you have a license issued by another state, you are licensed by the state that grants you reciprocity.

If they tried to prosecute someone under this law for driving past a school, it would be struck down, like it was the last time. The U.S. attorneys know that, and they prosecute only people who perform criminal acts inside schools.

- Jim