State Employee says no 30.06 needed???

[03Lightningrocks]

Actually, they suggested you seek legal advice for your question.

Can you believe I agree with you, Lightning? Wow!

Jim

PS Charles! Where are you? Should I send out the Coast Guard?

I can now die a happy man.

[03Lightningrocks]

Actually, they suggested you seek legal advice for your question.

You are correct, they did...while telling me what a reasonable and prudent person would do.....

Also remember, the rank and file processing department at the CHL division are not experts on the carry laws any more than the office manager or receptionist at your Doctors office is an expert on medicine. The mistake I see they made is trying to help out by giving advice on carry laws. What they should have done is refused to answer and referred you to an attorney.

I can assure you that the folks who are going to make the decision on whether or not to arrest you aren't going to call the CHL department for advice. It really does not matter what the processors think at the CHL department.

I know one thing for sure, if I were in charge down there, I would tell all my people to not address questions like this. I think they were trying to be helpful and now it has back fired on them.

[bdickens]

I think the real problem we are dealing with is the expectation of an educated response from uneducated people. A friend was pulled over for speeding the other day. The officer was very nice (only gave him a warning). During the stop the officer asked if he had any weapons in the car. Friend stated that he had a loaded handgun in the console. Officer asked if he had a chl. Friend stated that it was expired. The officer had already run him thru the system and knew he didn't have a record. The officer told him that because he was not traveling overnite he was guilty of unlawful carry and he should arrest him on the spot.

Of course this is not the case sinse HB 823 went into effect in sep 07. The total ignorance of people whose jobs require them to know better amazes me. Local PDs should require these guys to under go routine testing to ensure they are staying updated on current laws.

I ran into the same thing recently with a high ranking officer who tried to convince me that you could not cc in a church with chl. He brought back regs he obtained from the DA who also agreed with him. Of course they both had to eat crow when I informed them that the regs they were quoting had not been valid since 2004. They wanted to know how I had been able to respond so quickly with that info. Answer...iPhone and google. They had spent hours doing their research. Mine took 30 seconds. Go figure.

I think I would have told that officer to go ahead and do so.

[jmra]

Good post! What happened to your unlucky friend?

Nothing. He let him go. Just told him not to carry the gun in the car. He is going to renew his chl so he is not concerned about it. I would be asking the officer to meet me for lunch and then provide him with much needed education.

[jmra]

I think the real problem we are dealing with is the expectation of an educated response from uneducated people. A friend was pulled over for speeding the other day. The officer was very nice (only gave him a warning). During the stop the officer asked if he had any weapons in the car. Friend stated that he had a loaded handgun in the console. Officer asked if he had a chl. Friend stated that it was expired. The officer had already run him thru the system and knew he didn't have a record. The officer told him that because he was not traveling overnite he was guilty of unlawful carry and he should arrest him on the spot.
Of course this is not the case sinse HB 823 went into effect in sep 07. The total ignorance of people whose jobs require them to know better amazes me. Local PDs should require these guys to under go routine testing to ensure they are staying updated on current laws.

I ran into the same thing recently with a high ranking officer who tried to convince me that you could not cc in a church with chl. He brought back regs he obtained from the DA who also agreed with him. Of course they both had to eat crow when I informed them that the regs they were quoting had not been valid since 2004. They wanted to know how I had been able to respond so quickly with that info. Answer...iPhone and google. They had spent hours doing their research. Mine took 30 seconds. Go figure.

I think I would have told that officer to go ahead and do so.

if my friend knew then what he knows now I'm sure he would have said the same as you have suggested.

That being said, prepaid legal is sounding better everyday.

[03Lightningrocks]

You guys are braver than me. I don't believe I will dare an officer of the law to arrest me during a traffic stop. I usually have plenty of stuff do without adding a trip to jail. It is easier to just say OK and go on about my business. This is not to say I would just roll over if I got arrested on false charges, it is just to say that I would not ask for it.

[gregthehand]

It may have been covered but I didn't see it. If you knew the law why did you ask? Why stir the pot if you don't need to? If we know they are wrong then just let them be wrong.

It honestly reminds me of some guys we had in the Army. They would somehow get it in their head that we were having a room/uniform/whatever inspection and start asking around all worried. Multiple would tell them no but they just had to ask the senior NCO standing around. "Well no Pvt Jones I don't think we had one scheduled but that's a good idea."

Just leave it be.

[wgoforth]

It may have been covered but I didn't see it. If you knew the law why did you ask? Why stir the pot if you don't need to? If we know they are wrong then just let them be wrong.

It honestly reminds me of some guys we had in the Army. They would somehow get it in their head that we were having a room/uniform/whatever inspection and start asking around all worried. Multiple would tell them no but they just had to ask the senior NCO standing around. "Well no Pvt Jones I don't think we had one scheduled but that's a good idea."

Just leave it be.

I called as a local LEO informed me that REGARDLESS of 30.06 OR NOT, the sign still says you cannot have guns in local businesses that say otherwise AND the City Offices with such signs are still no carry, pre-emption or no preemption. Thus I called the STATE, not a store so they could put up correct 30.06, and inquired. To my surprise, three different ones at the CHL Division said the officer was correct. I assume you are not in an anti-chl community as I am and having to deal with this mentality regularly.

I also instruct personal and home self defense and basic firearm, so it's not like it doesn't come up.

[blue]

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OK, so just why is there even a 30.06 law at all ???????????

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[wgoforth]

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OK, so just why is there even a 30.06 law at all ???????????

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Yup, that's me too brother.... When I consider the City, the LEO's, the State Trooper here all agree... that if outed, I would take the ride AND do time. PLUS, since I instruct OTHERS on when they can carry and not, then I bear liability here as well.

We even have a store here that has a generic sign claiming that it is a felony to conceal carry in their store (and not a 30.06, just saying it is a felony). They can say no carrying all they want to, but then to claim it to be a felony??

And being a small town, the LEO's know I carry (since I instruct in the community and it is advertised). All they have to do is to ask if I am carrying when I am in a facility with a generic "no gun" sign and I am up a creek.

[blue]

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ALSO- So just why is there even a TEXAS STATE pre-empt Law at all ??????




(Me too - Grrrrrr!!!)
(Double Grrrrrrr!!!)

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