Accidental Discharge at Pasadena Gun Show

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  • Renegade

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    You've eluded to the fact that you carry and concealed handgun to guns shows, regardless of a 30-06 sign as you are not "carrying under CHL laws" as you said.

    If that's not what you meant, it's what was coming across and why some are questioning it.

    Carrying a hand gun opening, unloaded and disabled to sell/trade is a different story, unless that's what you meant to convey.

    Yes, that is correct. 30.06 only applies to those carrying under CHL Law:

    Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
    (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and...
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    Kerbouchard

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    Renegade, I have no idea what you are trying to say, anymore. If you carry a handgun concealed and you are not a DA, Judge, or other form of Law Enforcement, you are breaking the law if you do not have your CHL. If you have your CHL, then a 30.06 applies to you.

    Which is it?
     

    JKTex

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    Renegade, I have no idea what you are trying to say, anymore. If you carry a handgun concealed and you are not a DA, Judge, or other form of Law Enforcement, you are breaking the law if you do not have your CHL. If you have your CHL, then a 30.06 applies to you.

    Which is it?


    I'm still scratching my head too. He's answering in pieces.

    If you carry a handgun, concealed on your body into a place properly posted 30.06, it's either unlawful carry because you're a CHL holder carrying in posted place, or it's unlawful carry because carrying a concealed handgun is prohibited.

    Maybe it's carrying a gun in properly for sale/trade, and he just isn't saying that. But that would contradict what was posted earlier, I think.

    I'm starting to just not care.
     

    Renegade

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    Read 30.06 law again:

    1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another

    Thus, 30.06 only applies if you are carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code.

    Now, if you think everytime you are carrying a handgun you are carrying under CHL law, then you are mistaken. 46.02 , 46.15 along with Case Law have dozens of examples where one can "carry a handgun on or about their person" outside the scope of CHL law. Gun Shows are one of those examples. Thus when you are carrying a handgun on or about you person at a Gun Show, you are not breaking the the law, and you are not carrying under authority of Subchapter H, Chapter 411, Government Code, so you can even OPEN CARRY, which would be prohibited if you were.
     

    Renegade

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    We're getting closer......

    So how is a Gunshow in a privately owned building "outside the scope of CHL law"?

    Same way every other place is "outside the scope of CHL law" where CHLs and NON-CHLs can lawfully carry a "handgun on or about their person" as defined by 46.02, 46.15, and Case Law.
     

    Renegade

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    I give up.

    Me too.

    I will continue to carry a handgun on property where 30.06 notice is given when I am not carrying under the authority of Subchapter H, Chapter 411, Government Code, or when I get effective consent, and you can choose not carry at all. Ok with me.
     

    40Arpent

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    If he wasn't forced to clear his weapon in the car an could keep it in its holster where it belongs, it would be a non-issue.

    I have always hated the 'gun-show rule'.

    I am relatively certain that the Pasadena Convention Center, the location of the incident upon which this thread is based, does not qualify as a government building. Regardless, where does the law state that you have to clear your weapon in the car? I am not challenging you, I am just confused by your comments. If the law mandates that you can't carry a gun somewhere, you can't carry it there, plain and simple.

    If you have to leave it in your car to go into a building where it's not legal to carry, why would you assume he had to clear his weapon (i.e., why not just stick it in the glove box)?
     

    JKTex

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    Same way every other place is "outside the scope of CHL law" where CHLs and NON-CHLs can lawfully carry a "handgun on or about their person" as defined by 46.02, 46.15, and Case Law.

    You've already implied that you are not described under 46.15. You have implied that you DO have a CHL.

    How does 46.02 preclude you from being prohibited to carry a concealed handgun? Or as you imply, any one else for that matter? :1zhelp:

    I'm afraid I'll be sorry I asked.
     

    40Arpent

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    I will continue to carry a handgun on property where 30.06 notice is given when I am not carrying under the authority of Subchapter H, Chapter 411, Government Code....

    Humor this poor, ignorant soul for just one moment, and please give me an example of when you would be not be carrying under the authority of Subchapter H, Chapter 411, Government Code. I am so lost in all of this that I think just one little example, spelled out instead of referenced by a section/subsection's alpha-numeric indicator, would go a long way to helping me understand you.

    Thanks.

    P.S. In your avatar, is that a gun or a crack pipe made to look like a gun? LOL...just kidding! ;)
     

    Renegade

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    How does 46.02 preclude you from being prohibited to carry a concealed handgun? Or as you imply, any one else for that matter? :1zhelp:

    I'm afraid I'll be sorry I asked.

    I never said "46.02 preclude you from being prohibited to carry a concealed handgun". You seem to be very misinformed about Texas HandGun law. You should note that historically Texas Handgun Law does not differentiate from loaded or unloaded, or concealed or unconcealed. The only two exceptions in recent years were CHL law in 1995, and A-1 additions to 46.02 in 2007.

    So in general, if Bubba can legally carry at handgun on or about their person, it does not matter if it is concealed or unconcealed, loaded or unloaded, as long as he is not doing it in a manner calculated to alarm. This is all part of 46.02/UCW.
     

    Renegade

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    Humor this poor, ignorant soul for just one moment, and please give me an example of when you would be not be carrying under the authority of Subchapter H, Chapter 411, Government Code. I am so lost in all of this that I think just one little example, spelled out instead of referenced by a section/subsection's alpha-numeric indicator, would go a long way to helping me understand you.

    Thanks.

    P.S. In your avatar, is that a gun or a crack pipe made to look like a gun? LOL...just kidding! ;)

    ONE EXAMPLE? Sure. A Texas Peace Officer generally does not carry under the authority of Subchapter H, Chapter 411, Government Code.

    ANOTHER? A person who is lawfully "TRAVELING" is not carrying under the authority of Subchapter H, Chapter 411, Government Code.

    etc.

    That is a MAC-10 in Avatar.
     

    Old Man of the Mountain

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    If he wasn't forced to clear his weapon in the car an could keep it in its holster where it belongs, it would be a non-issue.

    I have always hated the 'gun-show rule'.

    Due to the "gun show rule" you are supposed to go in, buy an expensive fire arm, walk out (a half a mile sometimes in Ft. Worth) unarmed, and hand it over to any thug armed with a loaded stolen firearm.

    It is just like all the school and school yard shootings that occur just because it is guaranteed that the victim is unarmed.

    I don't like the situation.
     

    JKTex

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    Due to the "gun show rule" you are supposed to go in, buy an expensive fire arm, walk out (a half a mile sometimes in Ft. Worth) unarmed, and hand it over to any thug armed with a loaded stolen firearm.

    It is just like all the school and school yard shootings that occur just because it is guaranteed that the victim is unarmed.

    I don't like the situation.

    EDIT. I mis-read. My apologies.

    I wish this thread would die and disappear. :banghead:
     

    Kerbouchard

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    That has nothing to do with what he was talking about. This isn't a political thread about the phantom "loophole". Although, the phantom "loophole" is not what you described either....if in fact that's what you were talking about.

    I wish this thread would die and disappear. :banghead:

    He was talking about exactly what I was talking about. The 'gun show rule' he was referring to was the 'no loaded guns' rule, not the 'gun show loophole', and he is exactly correct.

    People with a lot of cash or expensive weapons are walking to and from their vehicles, disarmed, because of an absurd rule.
     

    JKTex

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    He was talking about exactly what I was talking about. The 'gun show rule' he was referring to was the 'no loaded guns' rule, not the 'gun show loophole', and he is exactly correct.

    People with a lot of cash or expensive weapons are walking to and from their vehicles, disarmed, because of an absurd rule.

    My bad. I re-read it and I see now what he's saying.

    Old Man of the Mountain, I apologize.

    I still wish this stupid thing would die and go away. It's gone so far off topic and into loulouville it just needs the mercy of death.
     
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