Hurley's Gold

Protestor gunned down in Austin - Daniel Perry trial

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  • Frank59

    Wheel Gunner
    Rating - 0%
    0   0   0
    May 14, 2018
    1,897
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    San Angelo
    From the article...

    "Uber prohibits riders and their guests, as well as driver and delivery partners, from carrying firearms of any kind while using the app, to the extent permitted by applicable law.”

    I've never used any ride share crap, but is there any way for them to enforce this?
    Sounds basically like a request.
    Or is it comparable to 30.06/07?
    My guess is he was in violation of company policy and not state law. So he gets fired from Uber. Phuck em. Let’s see how they deal with the backlash
     

    etmo

    Well-Known
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    0   0   0
    Jan 25, 2020
    1,237
    96
    Cedar Creek, Tx
    From the article...

    "Uber prohibits riders and their guests, as well as driver and delivery partners, from carrying firearms of any kind while using the app, to the extent permitted by applicable law.”

    I've never used any ride share crap, but is there any way for them to enforce this?
    Sounds basically like a request.
    Or is it comparable to 30.06/07?

    No, the key is the above "to the extent permitted by applicable law. Applicable law here will be Austin city code and Texas state law. 30.06/07 is state law. If the guy owns the car, or rents / leases it from a 3rd party, then Uber has no leg to stand on here unless there is a law which says, "If you are a private contractor, you must obey your employer's rules regarding firearms even if you are not working on company property"

    There is; however, law on the books which says that if you lease or rent your vehicle from your employer, then the employer has the final say on whether or not you may carry a gun in that vehicle, so if this person was leasing / renting the vehicle from Uber, then this would apply.
     

    Frank59

    Wheel Gunner
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    0   0   0
    May 14, 2018
    1,897
    96
    San Angelo
    Never used Uber or any ride share. Would always conceal carry in one though. The driver would be smart to carry too, the worst thing they could do is fire him. Never know who will come up to you with an AK.
    I see what you did there. Good job staying with the theme of the thread
     

    oldag

    TGT Addict
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    7   0   0
    Feb 19, 2015
    17,740
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    Bingo. He didn't do anything unlawful just did it against company policy. All they can do is fire him and ban him from using their service.
    If they do so, they stand a high chance of someone suing saying that Uber drivers are employees and not independent contractors. Uber has already been fighting this off in various cities/states/countries.

    These supposedly are personal vehicles. They are not owned by Uber nor leased from Uber.

    Uber does NOT want any chance of having to take on drivers as employees as opposed to independent contractors. They will tread softly, in all likelihood.
     

    Axxe55

    Retiretgtshit stirrer
    Rating - 0%
    0   0   0
    Dec 15, 2019
    47,248
    96
    Lost in East Texas Elhart Texas
    If they do so, they stand a high chance of someone suing saying that Uber drivers are employees and not independent contractors. Uber has already been fighting this off in various cities/states/countries.

    These supposedly are personal vehicles. They are not owned by Uber nor leased from Uber.

    Uber does NOT want any chance of having to take on drivers as employees as opposed to independent contractors. They will tread softly, in all likelihood.

    Personal thoughts? I think Uber is trying to have their cake and eat it too. Setting rules or policy they really have no place setting in the first place. Calling the drivers "private contractors" instead of employees, so they can avoid much of the things that are associated with having employees.
     

    TheDan

    deplorable malcontent scofflaw
    Rating - 100%
    8   0   0
    Nov 11, 2008
    28,035
    96
    Austin - Rockdale
    Explains the excellent shot placement.

    He’s active duty at Ft. Hood, and he is driving an Uber in Austin? WTH?
    What's strange about that? Saturday night is surge pricing.

    I've never used any ride share crap, but is there any way for them to enforce this?
    lol no... They can only ban you from their platform. The only way they would know is if you have to defend yourself such as this situation. Having Uber upset with you is of little concern.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
    Emeritus - "Texas Proud"
    Rating - 100%
    2   0   0
    Jul 23, 2011
    21,340
    96
    Little Elm
    This guys living everyone's nightmare of taking a turn into one of these violent mobs and being surrounded.

    You're response is limited until they start breaking into the vehicle or trying to pull you out. You cant run them over for vandalising your car or blocking you in. Also the folks in front are not deadly threat so hitting the gas and going for max points isnt an option yet either. Nor can he justify responding based on disparities in numbers or force because, again, they aren't specifically going after him yet.

    Then you see a guy you think might be a cop with a rifle telling you to roll down your window and you do so only to realize he isnt a cop and is raising his AK at you. Now you are in a very poor tactical position where you cant escape or make any move at all except engage the deadly threat. Thank god AK boy he was on video minutes earlier telling the world what he wanted to do with his gun. And there is video of the incident corroborating the guys story, the AK boy is advancing and right ontop if him with his AK coming up or he is so close it is pointing at his body regardles of position. Add to that the history of death and great bodily harm caused by protesters and any reasonable person would fear for their lives.

    I hope he doesn't go bankrupt fighting some charge made under a cloud of political cowardice.
     

    Low_Speed

    Active Member
    Rating - 0%
    0   0   0
    Nov 25, 2010
    297
    46
    Austin
    No, the key is the above "to the extent permitted by applicable law. Applicable law here will be Austin city code and Texas state law. 30.06/07 is state law. If the guy owns the car, or rents / leases it from a 3rd party, then Uber has no leg to stand on here unless there is a law which says, "If you are a private contractor, you must obey your employer's rules regarding firearms even if you are not working on company property"

    There is; however, law on the books which says that if you lease or rent your vehicle from your employer, then the employer has the final say on whether or not you may carry a gun in that vehicle, so if this person was leasing / renting the vehicle from Uber, then this would apply.

    They’ve fired their “independent contractors” for defensive shootings before. In a right to work state, Uber has the right to terminate employment. 30.06/07 doesn’t apply.

    They’d rather see their workers murdered than to have them be able to defend themselves because optics.


    Sent from my iPhone using Tapatalk
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
    Emeritus - "Texas Proud"
    Rating - 100%
    2   0   0
    Jul 23, 2011
    21,340
    96
    Little Elm
    Im not a lawyer so take the following with that caveat, I doubt a libtard prosecutor would have the balls to do this but.....Demonstrating some mental gymnastics here, one could charge all the people who blocked the car with felony murder.

    How? Stay with me....

    Blocking the car is unlawful restraint which is a Class A MM unless when they committed the crime they recklessly exposed the victim to a substantial risk of serious bodily injury, which they obviously did as they exposed him to AK boy. They dont have to know that AK boy is advancingwith a deadly weapon as there is no caveat of a conspiracy required. They just have to be reckless in their actions. That, recklessly exposing him to that danger, bumps it up to a 3rd degree felony. Which makes it eligible for a felony murder charge.
    Texas's felony murder rule, codified in Texas Penal Code § 19.02(b)(3),[1] states that a person commits murder if he "commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

    There is also the possibility of a law of parties charge but that requires a conspiracy meaning in this case that the folks blocking the car were in cahoots with AK boy to stop and intimidate people. Thats really weak and thin and extremely unlikely. In other words the possibility of a Barry Soetoro perp walk has a much higher probability of happening and since thats prety much zero...well you see.


    Thinking cap off cause my head hurts.
     
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