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Old 12-04-2007, 04:15 PM   #61
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Quote:
Originally Posted by Moody View Post
This discussion comes up way to often. You guys need to get a lawyer and discuss your options.
a lawyer for what? so he can refer you to HB1815?
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Old 12-04-2007, 04:18 PM   #62
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i have a question....Im from Louisiana right....I was given a Ruger 9mm for my birthdayt a couple of years ago.....do i need to register the gun in Texas because in LA. they dont require any kind of registration......
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Old 12-04-2007, 04:19 PM   #63
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No gun registry in Texas
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Quote:
Originally Posted by rob78 View Post
nothing goes unmoderated....
"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they dont have enough."
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Old 12-04-2007, 04:19 PM   #64
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Quote:
Originally Posted by Capafool View Post
a lawyer for what? so he can refer you to HB1815?

Are you maintaining your original position on travelling?
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Quote:
Originally Posted by rob78 View Post
nothing goes unmoderated....
"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they dont have enough."
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Old 12-04-2007, 04:20 PM   #65
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Quote:
Originally Posted by DvlRacer View Post
Why not? I could walk around my town with one if I wanted to...loaded too. I'm not saying I would advise riding with a shotgun, but where in the law does it say you can't? Are you saying that because logically you would think it is illegal, or can you show me where it says it's illegal?

I honestly don't know whether it is or not, but I'm very interested to find out what they could possibly charge you with if it isn't
branishing a firearm. In Amarillo i could do that as well. However, if an officer of the courts believes that someone could potentially cause a harmful enviornment they may neutralize it by: arresting you for branishing a firearm, remove the weapon and returning it later,etc. and if they catch you in a forbidden zone it could be even worse.
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Old 12-04-2007, 04:28 PM   #66
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Texas Penal Code TITLE 10. OFFENSES AGAINST PUBLIC HEALTH,SAFETY, AND MORALS - CHAPTER 46. WEAPONS

Child defined (for the age question)

46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
this section:
(1) "Child" means a person younger than 17 years of
age.


Unlawful Carrying Statute

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.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.


Nonapplicability Statute

46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) a judge or justice of a federal court, the supreme
court, the court of criminal appeals, a court of appeals, a district
court, a criminal district court, a constitutional county court, a
statutory county court, a justice court, or a municipal court who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(5) an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency; or
(6) a district attorney, criminal district attorney,
or county attorney who is licensed to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code.
(b) Section 46.02 does not apply to a person who:

Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1221,
4

(1) 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;

Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261,
28

(1) 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;
(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;

Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1221,
4

(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, if the weapon is a type commonly used in the activity;

Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1261,
28

(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;
(5) holds a security officer commission issued by the
Texas Board of Private Investigators and Private Security Agencies,
if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes); or
(8) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises.
(c) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use
of the club, including at least seven hours of training in the use
of the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or carrying of a club do not apply to a public
security officer employed by the adjutant general under Section
431.029, Government Code, in performance of official duties or
while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the
carrying of an illegal knife do not apply to an individual carrying
a bowie knife or a sword used in a historical demonstration or in a
ceremony in which the knife or sword is significant to the
performance of the ceremony.
(f) Section 46.03(a)(6) does not apply to a person who
possesses a firearm or club while in the actual discharge of
official duties as:
(1) a member of the armed forces or state military
forces, as defined by Section 431.001, Government Code; or
(2) an employee of a penal institution.
(g) Repealed by Acts 2005, 79th Leg., ch. 1093, 4; Acts
2005, 79th Leg., ch. 1179, 3.
(h) For the purpose of Subsection (b)(2), "premises"
includes a recreational vehicle that is being used by the person
carrying the handgun, illegal knife, or club as living quarters,
regardless of whether that use is temporary or permanent. In this
subsection, "recreational vehicle" means a motor vehicle primarily
designed as temporary living quarters or a vehicle that contains
temporary living quarters and is designed to be towed by a motor
vehicle. The term includes a travel trailer, camping trailer,
truck camper, motor home, and horse trailer with living quarters.

Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 288, 1

(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view.

Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 976, 4

(i) The provisions of Section 46.02 prohibiting the
carrying of a handgun do not apply to an individual who carries a
handgun as a participant in a historical reenactment performed in
accordance with the rules of the Texas Alcoholic Beverage
Commission.
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Old 12-04-2007, 04:29 PM   #67
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Traveling Defined in 2005

Legislative Session: 79(R)


House Bill 823
House Author: Keel et al.

Effective: 9-1-05
Senate Sponsor: Hinojosa et al.




The law provides that the offense of unlawful carrying of a weapon is not applicable to a person who is traveling. House Bill 823 amends the Penal Code to clarify that, for this purpose, a person is presumed to be traveling if the person is in a private motor vehicle, is not otherwise engaged in criminal activity other than certain traffic offenses, is not otherwise prohibited by law from possessing a firearm, is not a member of a criminal street gang, and is not carrying a handgun in plain view. The bill also provides evidentiary instructions relating to any penal law presumption in favor of a defendant with respect to any fact.

Extension of rights to carry

Legislative Session: 80(R)


House Bill 1815
House Author: Isett, Carl et al.

Effective: 9-1-07
Senate Sponsor: Hinojosa




House Bill 1815 amends the Penal Code to modify the conduct that constitutes the offense of unlawful carrying of a weapon to exclude a person carrying a handgun, illegal knife, or club on the person's own premises or premises under the person's control or inside of or directly en route to a motor vehicle that is owned by the person or under the person's control. The bill makes it an offense to intentionally, knowingly, or recklessly carry a handgun in a motor vehicle that is owned by the person or under the person's control if the handgun is in plain view or the person is engaged in certain criminal activity, is prohibited from possessing a firearm, or is a member of a criminal street gang. The bill deletes provisions that made the prohibitions under the offense of unlawful carrying of a weapon inapplicable to certain persons, including a person on the person's own premises or on premises under the person's control.
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Old 12-04-2007, 04:33 PM   #68
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Quote:
Originally Posted by Capafool View Post
a lawyer for what? so he can refer you to HB1815?
So one can be properly informed and have a point of contact if ever needed. If you are carrying guns around having a lawyer is a good idea. This is tought in every CHL class that I am aware of.
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Old 12-04-2007, 04:33 PM   #69
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may be a bit confusing fo him. but it says say no to guns.
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Old 12-04-2007, 04:35 PM   #70
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Quote:
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may be a bit confusing fo him. but it says say no to guns.
What says no to guns?
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Old 12-04-2007, 04:36 PM   #71
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i'm just messin with DvlRacer....calm down
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Old 12-04-2007, 04:39 PM   #72
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i'm just messin with DvlRacer....calm down
I am calm.
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Old 12-04-2007, 04:40 PM   #73
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A fe wmonths back there was DA here in Houston pressing to convict persons that had concealed guns in their vehicles that didn't have CHL for protection. The DA said that if they were driving around town, they were not traveling. The DA defined traveling as being at least two counties away from their home county.
I will have to google that tonight when I get off and post up the new story.
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Old 12-04-2007, 04:41 PM   #74
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shoot, all I gotta do is have an adress 2 counties away and I'm legal...?
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Old 12-04-2007, 04:43 PM   #75
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Quote:
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I am calm.
Hey....do ya'll have a Wheelie machine?
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Old 12-04-2007, 04:46 PM   #76
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Quote:
Originally Posted by Moody View Post
So one can be properly informed and have a point of contact if ever needed. If you are carrying guns around having a lawyer is a good idea. This is tought in every CHL class that I am aware of.
very true on the point of contact . never know what kinda situation can go down when dealing with a cop.
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Old 12-04-2007, 04:48 PM   #77
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Quote:
Originally Posted by CLETUS View Post
A fe wmonths back there was DA here in Houston pressing to convict persons that had concealed guns in their vehicles that didn't have CHL for protection. The DA said that if they were driving around town, they were not traveling. The DA defined traveling as being at least two counties away from their home county.
I will have to google that tonight when I get off and post up the new story.
The law is the law, regardless of what that DA was "trying to do".
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nothing goes unmoderated....
"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they dont have enough."
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Old 12-04-2007, 04:52 PM   #78
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Quote:
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The law is the law, regardless of what that DA was "trying to do".
what?
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Old 12-04-2007, 04:55 PM   #79
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Quote:
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Hey....do ya'll have a Wheelie machine?
I believe you are thinking of PowerSports.
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Old 12-04-2007, 04:59 PM   #80
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Quote:
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I am calm.
"walter, would you calm down man!"

"calmer than you are dude...calmer than you are."
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