Regarding HB1815 in TX Metro Areas

Discussion in 'Gun Legislation' started by eriadoc, Dec 13, 2008.

  1. eriadoc

    eriadoc Active Member

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    As we all know, HB1815 makes it legal to carry a firearm in one's vehicle while traveling. Chuck Rosenthal, then DA of Harris Co., dictated to local law enforcement that they would continue to make arrests in these situations and then let the judicial system handle it. It is my understanding that the district attorneys in San Antonio, Austin, and Dallas (those respective counties) all did the same thing. With the recent election, Rosenthal's out in Harris Co., and Pat Lykos is in. Does anyone know her stance on this particular issue? I haven't been able to find it anywhere yet.
     


  2. Texan2

    Texan2 TGT Addict

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    1.) the DA can dicatate whatever he wants...he is not in charge of LE in his district. I have heard variations of this story about the DA n Houston, but could never find any Houston LE to confirm it was true. He can opt to prosecute or not prosecute cases, but cannot give orders to LE, nor can he prosecute for breaking a law that doesn't exist.
    2.) San Antonio DA, Susan Reed, has no interest in charging people carrying in their cars who are otherwise not breaking the law.

    It is my belief that these rumors are simply fear mongering during an election year.
     
  3. nalioth

    nalioth Active Member

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    Yes, it is fear mongering.

    Ol' Chuck isn't even the DA any more.

    A little research (this is the internet, you know) goes a long way.
     
  4. JKTex

    JKTex Well-Known

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    :crazy-1:

    And.......oh never mind. :p
     
  5. JKTex

    JKTex Well-Known

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    AH hell, I'll bite.....

    Under HB1815, obviously a person without a CHL, how will an LEO know you have a gun properly concealed in your car? Unless of course you've done something that gives them the right to search, but then you've likely already done something that makes possessing it illegal anyway.
     
  6. Texan2

    Texan2 TGT Addict

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    This law is pretty eay to understand...I think we are making it more difficult than it is.:headscratch:
     
  7. txinvestigator

    txinvestigator TGT Addict

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    That is incorrect. 1815 made changes to the Texas Unlawful Carrying Weapon law (section 46.02 of the penal code). It says nothing about traveling, and traveling matters not. It makes it CLEAR that it is not illegal to carry in a motor vehicle as long as 4 requirements are met.

    The DAs in those counties have said nothing of the sort.

    Link to the law PENAL CODEÂ*Â* CHAPTER 46. WEAPONS
     
  8. eriadoc

    eriadoc Active Member

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    It's not election year fear mongering. It's based on a Houston Chronicle article that came out in 2005. I'll paste it below for everyone.

    Yeah, it does. Like you could have looked up the article I'll post below, or just posted in a somewhat less sanctimonious manner (and not been wrong). Also, if you read my first post, I stated that Rosenthal was no longer the DA, and my question was whether anyone knew what the NEW Da's stance on it (Pat Lykos). Jeez.

    From the link on these forums, the law states it's legal to carry in one's vehicle if you're "traveling", no? I'm not a lawyer, and reading legalese is not my forte, but I thought that was pretty clear. Please clear me up on that. Regardless, I think we're generally on the same page.

    As I stated in my first post, it was my understanding they had, but unlike the Rosenthal thing, I don't know for sure. I received my info from a federal agent who teaches CHL here in Houston, at Top Gun. So, you know, grain of salt and all that.

    Here's the Chronicle article:

    The second bolded statement is my favorite of all.

    So at the end of all this, my question still stands - does anyone know Pat Lykos' position on this?
     
  9. txinvestigator

    txinvestigator TGT Addict

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    In 2005 the law was different and Rosenthal said that. However, in 2007 the law changed.






    No, it does not. Look up the bill you posted and read it carefully, or look at the penal code in the Texas Legislature website under section 46.02. Traveling is no longer an issue.


    The position of DAs is to prosecute violations of the law. Read the law and see if you think there is ANY ambiguity or room for a "position".
     
  10. eriadoc

    eriadoc Active Member

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    He specifically responded to questioning about the proposed law that eventually went into effect in '07.

    Yes, I know that. I'm fairly certain that Rosenthal did not know that, or rather, chose to circumvent that, based on things from the article, such as:

    And finally,

    So to me, it's pretty clear that Rosenthal had an agenda that he was pushing, despite what the prescribed role of the DA is. What I want to know is if anyone has any clue if Pat Lykos buys into this nonsense as well.

    Also re: someone's earlier comment about the police personnel following the DA's lead, from the article:

     

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