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30.06 and 30.07 signs

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  • DoubleDuty

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    We already have a surprising amount of progress there. Volunteer emergency services personnel are exempt from 30.06/30.07. No definition in law, so it's basically up to you to define for yourself. For the sake of all of us, please make sure it's honest, legitimate, and verifiable. Get an amateur radio license and a storm spotter certification and/or participate in ARES/RACES, register for and work an event on crowdsourcerescue.com, etc.

    Edit: looks like I missed a page.
    They still need to be made unenforceable. Like they are in a lot of other states. They aren't needed
    Lynx Defense
     
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    toddnjoyce

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    Just the reverse. I think that it is logical to have the exemption. The words here are legitimate and emergency. I think that just like in good samaritan laws anyone responding to an emergency should have a defense to prosecution or lawsuit.

    If the legislature wanted the volunteer to only have access to the defense in 30.06/30.07 when responding, then they would have used the language from 46.03 relating to the same defense in 46.03 prohibited places:

    (m) It is a defense to prosecution under Subsections (b) and (c) that the actor is volunteer emergency services personnel engaged in providing emergency services.

    That change was part of the same act that amended .06 and .07.

    If the legislature wanted to limit what type of volunteer emergency services were covered, they also could have used a different term and defined it, such as they did with first responder in 46.03

    (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. The term does not include:
    (A) volunteer emergency services personnel;

    (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or
    (C) a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.

    That particular definition says 46.03 does not apply to a first responder. The excluded groups are provided other defenses or exclusions for firearms in a prohibited place.
     
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    rotor

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    If the legislature wanted the volunteer to only have access to the defense in 30.06/30.07 when responding, then they would have used the language from 46.03 relating to the same defense in 46.03 prohibited places:

    (m) It is a defense to prosecution under Subsections (b) and (c) that the actor is volunteer emergency services personnel engaged in providing emergency services.

    That change was part of the same act that amended .06 and .07.

    If the legislature wanted to limit what type of volunteer emergency services were covered, they also could have used a different term and defined it, such as they did with first responder in 46.03

    (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. The term does not include:
    (A) volunteer emergency services personnel;

    (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or
    (C) a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.

    That particular definition says 46.03 does not apply to a first responder. The excluded groups are provided other defenses or exclusions for firearms in a prohibited place.
    Perhaps I just don't understand the law....
    (f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01.

    (f-1) It is a defense to prosecution under this section that the license holder is a first responder, as defined by Section 46.01, who:

    (1) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct;

    (2) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and

    (3) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies.


    Are you talking about a different type of responder that gets a defense to prosecution?
     

    toddnjoyce

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    Perhaps I just don't understand the law....
    (f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01.

    (f-1) It is a defense to prosecution under this section that the license holder is a first responder, as defined by Section 46.01, who:

    (1) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct;

    (2) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and

    (3) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies.


    Are you talking about a different type of responder that gets a defense to prosecution?

    Yes. First responders are different people than Volunteer emergency services personeel, who are different than LEOs and Reserve LEOs. Some get a DtP, some get Does Not Apply. Does not apply is an upfront exception to the law whereas a DtP requires the defendant to procedurally enter the DtP as their defense to get an after the fact exception.
     

    rotor

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    Yes. First responders are different people than Volunteer emergency services personeel, who are different than LEOs and Reserve LEOs. Some get a DtP, some get Does Not Apply. Does not apply is an upfront exception to the law whereas a DtP requires the defendant to procedurally enter the DtP as their defense to get an after the fact exception.
    Again because I am defuddled, you claim that you fit F1,2 and 3 above or you qualify under a different reg? Just trying to educate myself.
     

    rotor

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    "f" is a separate criterion from "f-1". You can meet "f" or you can meet the three sub-criteria of "f-1". They are each used in different parts.
    Doesn't each one of these require an actual emergency to be occurring? Can one get a defense to prosecution without rendering aid in an emergency?
     

    toddnjoyce

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    Doesn't each one of these require an actual emergency to be occurring? Can one get a defense to prosecution without rendering aid in an emergency?
    No. Yes. See below.


    TPC 30.06 (e) and amendments, (f) and amendments and (g) all provide various defenses to prosecution. Interestingly, (g) gives a license holder who promptly leaves after oral notification a defense to prosecution, but let’s pars F and amendments to fully understand it.

    (f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01.
    *. This says if a license holder meets the definition in 46.01, they get a DtP.

    (f-1) It is a defense to prosecution under this section that the license holder is a first responder, as defined by Section 46.01, who:
    (1) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct;
    (2) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and
    (3) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies.


    This is an amendment to (f). This amendment says if a license holder is a first responder as defined in 46.01, AND conditions (1), (2), and (3) are met, then the license holder gets a DtP.

    Two entirely different audiences are provided differing criteria for a DtP. One audience is the volunteer and it’s at any time. The second is the certified, on-duty, local .gov first responder and it’s only available when actively performing those duties for their local .gov employer.

    Finally, (e) and it’s amendments deals primarily with landlord/tenant exceptions and DtPs.
     
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