Montgomery County Constable issues with AZ CHL

[Texan2]

I would like to take this opportunity to educate you on Texas Law...


I would choose your battle wisely ~ I personally would not risk going to jail just to save some money.
You decide !!



Deputy JJ §titt ~ 8318
Montgomery County Constable Pct. 3
1520 Lake Front Cir. Suite 200
The Woodlands, TX 77380
281.364.4211

These two statements from his letter are pure arrogance. He is in no postition is educate anyone on the law as he obviously cant interpret the law correctly himself.
And not to be ugly to any Constable in our midst, but Constables typically serve papers and serve as bailiffs, they are not street cops who make many cases. Usually in most areas of Texas, the Constables office is where you stop when you cant get a cop job anywhere else. How many kids have you heard say "When I grow up I want to be a Constable"? I have encountered many Deputy Constable who are very "over zealous".

That having been said there are also many Constables and Deputy Constables that serve honorably everyday. Its just when the law is plain and easy to understand and a LEO with political motivations starts arresting people who are not breaking the law...we have a problem.

According to him 253 Texas counties have it wrong and 1 has it right.....LMAO.

 

[espy59lc]

**This is what I sent to him, yeah I could have said it differently, probably a little more dick-headish on my part than I ment, not respectable and it wasn't intentional just came out that way. That's my bad. But was pissed. I've said it before and I'll say it again, I AM NOT A COP BASHER! I usually side with Officers because I went to school for CJ and would like a LE career in the near future.**

To whom it may concern,

This e-mail is in reference to an apparent problem you have with the Law regarding Texas Residents to carry concealed on an Non-Resident AZ CCW license. I am a Texas Resident who carries with a Non-resident AZ CCW, and I take personal offense to you're "not liking" of the LAW, and threatening to enforce a "Law" that's not legal.

According to Texas Law of Reciprocity it's Legal for me to carry this way. Texas makes NO distinction between Resident/Non-resident CCW's for reciprocity.

Sec. 411.173. NONRESIDENT LICENSE.
(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state. The procedure must include payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant. A license issued in accordance with the procedure established under this subsection:
(1) remains in effect until the license expires under Section 411.183; and
(2) may be renewed under Section 411.185.
(1) Expired.
(2) Expired.
(a-1) Repealed by Acts 2005, 79th Leg., Ch. 915, Sec. 4, eff. September 1, 2005.
(b) The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of the State of Texas determines that a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued. For purposes of this subsection, "background check" means a search of the National Crime Information Center database and the Interstate Identification Index maintained by the Federal Bureau of Investigation.
(c) The attorney general of the State of Texas shall annually:
(1) submit a report to the governor, lieutenant governor, and speaker of the house of representatives listing the states the attorney general has determined qualify for recognition under Subsection (b); and
(2) review the statutes of states that the attorney general has determined do not qualify for recognition under Subsection (b) to determine the changes to their statutes that are necessary to qualify for recognition under that subsection.
(d) The attorney general of the State of Texas shall submit the report required by Subsection (c)(1) not later than January 1 of each calendar year.

You're message has been brought to MANY of our attentions on TexasGunTalk.com (You can read it here yourself: http://www.texasguntalk.com/forums/gun-legislation-sponsored-class-3-weapons/27833-montgomery-county-constable-issues-az-chl.html) We even had/have Officers of local PD's agreeing with us who are RIGHT on this matter.

I believe you have received a forwarded letter regarding this issue from a member of the forum and DPS CHL division. That letter was sent by myself, before I proceeded to getting my AZ CCW. CLEARLY in that letter the DPS Officer confirmed it is LEGAL to carry on a NON-RESIDENT CCW from the State of Arizona.

I went through Fingerprinting (like you did for the Texan you gave a hard time to regarding this issue), went through the FBI Background check, and used my NRA Basic Pistol Certification for qualification. Basically the same thing a Texas CHL holder has to go through, but at a FRACTION of the cost! I can also Conceal Carry in more states with an AZ CCW than a Texas CHL. Personally, we shouldn't even need a LICENSE OR PERMIT to carry a weapon since its a RIGHT in this Country, but that's a whole other conversation.

I hope you get educated on this matter the correct way, and don't harass a Texas resident who is LEGALLY carrying with an AZ CCW. Hopefully arrogance and ignorance won't play a role in learning the real Law regarding this and you don't try to enforce a Law that doesn't exist just because you don't agree with the current Law.

I hope you have a Great and Safe day!

J. Espinoza

 

[Texan2]

Keep it up! Your emails look good so far.

 

[Bithabus]

According to him 253 Texas counties have it wrong and 1 has it right.....LMAO.

And about 55,000 other cops who enforce the laws as they are written and don't take it upon themselves to play judge and legislator.

 

[espy59lc]

I don't really know what I'm doing, haha. But I did e-mail these people regarding this matter:

Attorney General
Montgomery County DA
TSRA - Executive
NRA
Texas Rangers

and of course DPS knows about this.

 

[Texan2]

Nothing like a Texas Ranger meeting you at your office to discuss your recent illegal arrests to pucker you up.

 

[Vaquero]

Geographical oddity! Shit runs uphill in Montgomery County.

 

[Texan2]

Tim Holifield is the elected Constable in Pct. 3 and as such is ths guys boss. Maybe some emails his way wouldn't hurt. A deputy constable setting policy (such as is happening here) is not typical.

The policies and enforcement directives flow down from the top. I wonder if Constable Holifield is aware of his deputy's ignorance of the law and insistence on arresting those who have broken no law?

 

[indpendnt]

I think I'll just stick with my TX CHL and watch how this plays out.

x2

X10

 

[Texan2]

And about 55,000 other cops who enforce the laws as they are written and don't take it upon themselves to play judge and legislator.

+1

 

[Texan2]

Interesting to see how we all bicker with each other but when an outsider unjustly attacks a law abiding gun owner the whole forum rallies.

 

[RetArmySgt]

Interesting to see how we all bicker with each other but when an outsider unjustly attacks a law abiding gun owner the whole forum rallies.

Any we can torment our own and call each other names, when outsiders do it they just do it wrong.

 

[indpendnt]

Any we can torment our own and call each other names, when outsiders do it they just do it wrong.

Just like one big happy, highly dysfunctional family...

 

[London]

I'd personally get some correspondence from the prosecutor, then send that as well as the constable's drivel to my State Rep, Governor, and ESPECIALLY Attorney General. I wonder what their interpretation will be?

 

[London]

I'd like to take the opportunity to remind everyone that even though officer Stitt may be friendly and amicable in his interactions, beneath that friendly demeanor is an enthusiastic Javert and enemy of liberty who actively seeks ways to infringe on your Constitutional rights. Don't let his kind words soften you to his true intentions.

The voices of tyranny are many. Let's recognize a Trojan Horse for what it is. At best he is extremely misguided.

 

[TexasRedneck]

I would submit that the man is going based on his recognized local legal authority. If he had a personal agenda, I'd think that he wouldn't be so willing to communicate and backcheck. Folks, sometimes well-meaning people can simply be wrong - let's at least be courteous enough to give him that, and rather than call names continue to work towards better exposing him to the findings of the DPS and other lawfully recognized authorities.

 

[Texan2]

I'd like to take the opportunity to remind everyone that even though officer Stitt may be friendly and amicable in his interactions, beneath that friendly demeanor is an enthusiastic Javert and enemy of liberty who actively seeks ways to infringe on your Constitutional rights. Don't let his kind words soften you to his true intentions.

The voices of tyranny are many. Let's recognize a Trojan Horse for what it is. At best he is extremely misguided.

WTF? You may want to dial back the political ramblings a bit. the guy is wrong. He will be proven wrong. I dont even think he comes across as all that friendly. Regardless, the political drama is of no use.

 

[TexasRedneck]

He will be proven wrong. I dont even think he comes across as all that friendly. Regardless, the political drama is of no use.

I think he's wrong as well - but given the email from espy, I can understand some of his comments and less-than-friendly demeanor....

 

[London]

No drama- just calling a spade a spade.

 

[Texan2]

The voices of tyranny are many. Let's recognize a Trojan Horse for what it is.

<Sigh>...this isn't dramatic? Really?