Why can't Texas do this?

Discussion of other state's CHL's & reciprocity

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dicion
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Re: Why can't Texas do this?

#31

Post by dicion »

hirundo82 wrote:
Bullwhip wrote:
dicion wrote:
Bullwhip wrote:
Pawpaw wrote:Federal law allows an exemption if the school zone is in the same state that issued your CHL. Your Utah license won't qualify for a school zone in Texas.
It says "if the individual possessing the firearm is licensed to do so by the State in which the school zone is located". It don't say "issued by". If a Utah license doesn't make you licensed to carry in Texas, then you're UCW to start with. But it does count, that's why it's legal to carry with a Utah or Florida license. Texas says you're licensed to carry in Texas if you have a Utah license, so the GFSZA doesn't matter.

http://codes.lp.findlaw.com/uscode/18/I/44/922" onclick="window.open(this.href);return false;
Read the above underlined portion a few times. The key word is 'by'

You have to be licensed by the state in which the school zone is in.

With a Texas CHL, you are licensed by the state of Texas.
With a Utah CFP, you are licensed by the stare of Utah.

Reciprocity doesn't mean you're licensed by the state of Texas. You are still Licensed by Utah, Texas just recognizes that license.
I think it does. License means permission, not a piece of plastic.
The ATF would beg to differ.
:iagree: :tiphat: Thanks for finding the definitive answer! :thumbs2:

Bullwhip
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Re: Why can't Texas do this?

#32

Post by Bullwhip »

That's not definitive. That's an opinion from a law enforcement agency. Just like some police chief saying you can't carry in city hall even though it's legal.

Its only definitive if a court declares it so it applies to other cases.
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baldeagle
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Re: Why can't Texas do this?

#33

Post by baldeagle »

Hoi Polloi wrote:
Liberty wrote:I think its worthy to note that not one single person has been tried or convicted under the Federal Gun free zone thing.
The all-knowing Wikipedia ;-) says that several have been tried under it and all have lost.
In a 2005 Appellate case, United States v Dorsey the minor changes of the revised law were specifically challenged. In the Dorsey case, the US Court of Appeals for the Ninth Circuit ruled that the minor changes were indeed sufficient to correct the issues that had caused the original 1990 law to be struck down in United States v Lopez, and they upheld Dorsey's conviction under the revised 1995 version of the law.

Other convictions upheld post-Lopez under the revised Gun Free School Zone Act of 1995 include:
United States v Danks (1999)
United States v Tait (2000)
United States v Smith (2005)
United States v Nieves-Castaño (2007)
United States v Weekes (2007)
United States v Benally (2007)
United States v Cruz-Rodriguez (2008)
Of course, the Ninth Circuit is the most liberal court in the land, so if someone has the courage and backing to challenge to the Supreme Court, the law could still be overturned....

Most of us want to live our lives hassle free, so we avoid doing things to deliberately agitate law enforcement....
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
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