Military Exemption

[GreenGuy]

Does anyone know if anything is in the works for Texas Residents who are serving in the military to allow them to concealed carry just like an on duty cop would?

For instance this thread http://www.georgiapacking.org/forum/vie ... php?t=2679 in the Georgia Packing website talks about how Georgia laws permits Military Members to carry into schools, bars, public gatherings and just about anywhere an on duty police officer can. You can even carry into the state capitol.

Now I know many of this board feel this right should be granted to all Texas Residents, and I agree, but would this be a first step? Or should our first step be bigger?

[txinvestigator]

Does anyone know if anything is in the works for Texas Residents who are serving in the military to allow them to concealed carry just like an on duty cop would?

For instance this thread http://www.georgiapacking.org/forum/vie ... php?t=2679 in the Georgia Packing website talks about how Georgia laws permits Military Members to carry into schools, bars, public gatherings and just about anywhere an on duty police officer can. You can even carry into the state capitol.

Now I know many of this board feel this right should be granted to all Texas Residents, and I agree, but would this be a first step? Or should our first step be bigger?

Currently;

§46.02. Unlawful carrying weapons.

(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.



46.15 Non-Applicability
(b) Section 46.02 does not apply to a person who:

(1) (As added by L.1997, chap. 1221(4). See other paragraph (1)
below.) is in the actual discharge of official duties as a member of
the armed forces or state military forces as defined by Section
431.001, Government Code, or as an employee of a penal institution
who is performing a security function;

(1) (As added by L.1997, chap. 1261(28). See other paragraph
(1) above.) is in the actual discharge of official duties as a member
of the armed forces or state military forces as defined by Section
431.001, Government Code, or as a guard employed by a penal
institution;

[GreenGuy]

Yeah, I've see that, but GA laws doesn't have that little catch. GA laws says being in the military is good enough, you don't have to be "On Duty"

In GA you can be in the military and attending a college class, and carry your weapon where other CHL's can not simply because you are in the military. Not because you are doing military duties.

Now don't get me wrong, TX laws are way better than GA, but this one exemption that GA has is pretty nice.

[txinvestigator]

Yeah, I've see that, but GA laws doesn't have that little catch. GA laws says being in the military is good enough, you don't have to be "On Duty"

In GA you can be in the military and attending a college class, and carry your weapon where other CHL's can not simply because you are in the military. Not because you are doing military duties.

Now don't get me wrong, TX laws are way better than GA, but this one exemption that GA has is pretty nice.

I don't want an off duty Military to be able to carry unless he has a CHL. Many military members never qualify with a handgun, and unless they take a CHL class have no training in Texas use of force laws, etc.

[GreenGuy]

Yeah, I've see that, but GA laws doesn't have that little catch. GA laws says being in the military is good enough, you don't have to be "On Duty"

In GA you can be in the military and attending a college class, and carry your weapon where other CHL's can not simply because you are in the military. Not because you are doing military duties.

Now don't get me wrong, TX laws are way better than GA, but this one exemption that GA has is pretty nice.

I don't want an off duty Military to be able to carry unless he has a CHL. Many military members never qualify with a handgun, and unless they take a CHL class have no training in Texas use of force laws, etc.

Agreed.

Not the point though. Maybe it can be revised in TX, but none the less this is a law passed by GA that gives a certain group of individuals (military members) the same rights as law enforcement officers (with respect to places they can and can not carry)

That isn't enticing to you?

[KBCraig]

I don't want an off duty Military to be able to carry unless he has a CHL.

I do. Along with you, me, and everyone else. Vermont style sounds great to me!

[txinvestigator]

Yeah, I've see that, but GA laws doesn't have that little catch. GA laws says being in the military is good enough, you don't have to be "On Duty"

In GA you can be in the military and attending a college class, and carry your weapon where other CHL's can not simply because you are in the military. Not because you are doing military duties.

Now don't get me wrong, TX laws are way better than GA, but this one exemption that GA has is pretty nice.

I don't want an off duty Military to be able to carry unless he has a CHL. Many military members never qualify with a handgun, and unless they take a CHL class have no training in Texas use of force laws, etc.

Agreed.

Not the point though. Maybe it can be revised in TX, but none the less this is a law passed by GA that gives a certain group of individuals (military members) the same rights as law enforcement officers (with respect to places they can and can not carry)

That isn't enticing to you?

No, not without additional training. One reason LEOs have the rights to carry that they do is their sworn obligation to act in certain situations, their constant exposure to the criminal element, etc.

The military has different rules of engagement and a different oath. Different animals, if you will.

[txinvestigator]

I don't want an off duty Military to be able to carry unless he has a CHL.

I do. Along with you, me, and everyone else. Vermont style sounds great to me!

You guys know I am pro, but giving everyone a gun is just bad business.

[GreenGuy]

Agreed.

Not the point though. Maybe it can be revised in TX, but none the less this is a law passed by GA that gives a certain group of individuals (military members) the same rights as law enforcement officers (with respect to places they can and can not carry)

That isn't enticing to you?

No, not without additional training. One reason LEOs have the rights to carry that they do is their sworn obligation to act in certain situations, their constant exposure to the criminal element, etc.

The military has different rules of engagement and a different oath. Different animals, if you will.

Are you advocating the CHL Process be tougher?

I guess what I was seeing is that, The State of GA has recognized that there are other people out there, who are capable of carrying "just about everywhere"

Do you not see room for that in the Texas law?

If the GA law were to replace "Military" with "CHL Holder" does that make sense? Woud you support that in TX?

Or are you saying in order to carry in schools, bars, etc, you need more training than the CHL class currently provides?

[txinvestigator]

Agreed.

Not the point though. Maybe it can be revised in TX, but none the less this is a law passed by GA that gives a certain group of individuals (military members) the same rights as law enforcement officers (with respect to places they can and can not carry)

That isn't enticing to you?

No, not without additional training. One reason LEOs have the rights to carry that they do is their sworn obligation to act in certain situations, their constant exposure to the criminal element, etc.

The military has different rules of engagement and a different oath. Different animals, if you will.

Or are you saying in order to carry in schools, bars, etc, you need more training than the CHL class currently provides?

No, the CHL course is fine. I don't want off duty Military to be exempt from the CHL laws. I believe they should remove the carry restrctions for all CHL holders.

If thats what you meant, I missed it somewhere.

[GreenGuy]

Ok, so we agree there.

Now, is it a waste of time to add a subset of the CHL community to a "Carry Everywhere Group"? Or is the CHL class enough?

Can the first group of "carry everywhere CHL holders" be those with military experience? Or Even CHL Instructors?

As a CHL instructor, you have had to of seen some folks who clearly have no other training than you have provided to them. Doesnt that scare you a bit?

[kauboy]

I don't want an off duty Military to be able to carry unless he has a CHL.

I do. Along with you, me, and everyone else. Vermont style sounds great to me!

I'm with ya here man. Every man, woman, and responsible child who is not and never has been a felon nor mentally ill (this part is fuzzy, who determines who is and who isn't?).
Until the "infringements" are removed, we will never really have the abilities that the 2nd amendment affords.

[txinvestigator]

Ok, so we agree there.

Now, is it a waste of time to add a subset of the CHL community to a "Carry Everywhere Group"? Or is the CHL class enough?

Can the first group of "carry everywhere CHL holders" be those with military experience? Or Even CHL Instructors?

As a CHL instructor, you have had to of seen some folks who clearly have no other training than you have provided to them. Doesnt that scare you a bit?

Being in the military is not enough. I have HUGE respect (a a little envy) of our military, but they are a different animal. As I said, the only handgun training many get is in CHL class. I don't believe "military" in general is sufficient for a special class for carry anywhere.

I do support removing the restrictions altogether.

[stevie_d_64]

I don't believe "military" in general is sufficient for a special class for carry anywhere.

I do support removing the restrictions altogether.

Instead of "special class" would you have also meant "exemption"???

And when you state "restrictions" do you mean places we can carry at? Such as, venues, events, and other facilities (in the law) that are allowed to restrict our carrying, yet are not required to post???

I actually think thats what you meant, but I am not a very good mind reader...

Y'all leave "Txi" alone! he's under a lot of stress and strain these days!

Pick on me instead...I'll show you! I'll just ignore ya...

[jimlongley]

New York State law used to exempt "military officers on active duty" from section 265 of the Penal Code, but they never defined "military officer" so the feeling was that NCOs(Non-commissioned officers), being, by definition, "officers" could carry.

Someone in the legislature caught on and changed it to:

(d) Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law,
regulation or order to possess the same.