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So, what's the word on Constitutional permitless carry?

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  • majormadmax

    Úlfhéðnar
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    Helotes!
    Do you think the intent of the section of chapter 46 (relating to MateFrio's arrest) was to allow illegal knives to be carried by chl( at the time, now LTC) holders as long as they were also carrying a gun?

    I can almost guarantee that was not the intention but never the less, that is the law as it is written.

    You want to be the test case, go right ahead and OC at the Dallas or Houston Zoo and see what they charge you with.

    I'll donate to your gofundme legal defense.

    If you're so adamant that it's blatantly against the law, then show me one case where someone was tried and convicted of it.

    And I think there's quite a difference between the Dallas or Houston zoos and Whataburger. For one, the Dallas Zoo was (wrongly) ruled to be an amusement park by the Texas Attorney General last year, not an educational institute; and shortly after the Houston Zoo put their 30.06 and 30.07 signs back up. In 2015, Texas Law Shield succeeded in getting the Houston Zoo to remove the unlawful 30.06 sign at its main entrance which had been posted illegally for more than 10 years. The Houston Zoo is located on City-owned property, and zoos are not included in the list of locations where a state agency or political subdivision may lawfully post a 30.06 sign under sections 46.03 or 46.035 of the Penal Code.

    I don't think Whataburger qualifies as either and amusement park or educational institute...
    DK Firearms
     

    Hoji

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    If you're so adamant that it's blatantly against the law, then show me one case where someone was tried and convicted of it.

    And I think there's quite a difference between the Dallas or Houston zoos and Whataburger. For one, the Dallas Zoo was (wrongly) ruled to be an amusement park by the Texas Attorney General last year, not an educational institute; and shortly after the Houston Zoo put their 30.06 and 30.07 signs back up. In 2015, Texas Law Shield succeeded in getting the Houston Zoo to remove the unlawful 30.06 sign at its main entrance which had been posted illegally for more than 10 years. The Houston Zoo is located on City-owned property, and zoos are not included in the list of locations where a state agency or political subdivision may lawfully post a 30.06 sign under sections 46.03 or 46.035 of the Penal Code.

    I don't think Whataburger qualifies as either and amusement park or educational institute...

    Angry much?

    Charles Cotton has stated he thinks like you do but has adamantly stated do not take his personal opinion as legal advice.

    Before you go off on an angry diatribe on something you have zero training on( you know, the LTC instructor class, working with lobbyists on getting good leg passed , etc) you should maybe step away from your computer, put down your phone/tablet , whatever, put your dickbeaters in your pockets and think to yourself "am I about to comment on something I am pretty ignorant about in a manner that will let everyone know I am completely ignorant on the topic?"

    But you won't.

    And no, I can't name a single case of it being enforced in the case of a field trip. But that does not change the wording of the law.

    You told someone to read the law. I posted the law. It is a question that was asked of the DPS instructors in my class and was answered that the law is intended as written.When pressed on the issue, it was stated that a fast food restaurant could become a prohibited place if a school sponsored activity were to be taking place on it(i.e. A field trip stopping for lunch) I take that to mean if they received a complaint, there would be an arrest.
     

    Renegade

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    My attorney says it is best to err on the side of caution until it is cleaned up in the legislature. She interprets it as ANYPLACE a school sponsored activity is taking place,

    By that logic, if a school is sponsoring a litter clean up on I-35, all LTCs have to immediately get off the highway end to end. I guess when I go to Big Bend I better make sure no schools are anywhere on the 800,000 acres. ROFL.
     

    roadkill

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    By that logic, if a school is sponsoring a litter clean up on I-35, all LTCs have to immediately get off the highway end to end. I guess when I go to Big Bend I better make sure no schools are anywhere on the 800,000 acres. ROFL.

    Wonder what they do at the capital when a school is visiting? Hmm I bet the DPS LEO checks your license and lets you in...
     

    Hoji

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    By that logic, if a school is sponsoring a litter clean up on I-35, all LTCs have to immediately get off the highway end to end. I guess when I go to Big Bend I better make sure no schools are anywhere on the 800,000 acres. ROFL.

    I am only relating what the law says, what a couple of attorneys I know have said, and what the TXDPS said in the instructor's class. So with it what you will.

    If you feel like challenging it by OCing somewhere you know a school field trip is taking place, go right ahead. If you get arrested I will gladly donate to your legal defense.


    ETA: litter pick up would be the same as driving by a school with your LTC I would think.
     
    Last edited:

    Hoji

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    Wonder what they do at the capital when a school is visiting? Hmm I bet the DPS LEO checks your license and lets you in...


    Since they do not ask if if you are carrying, I do not think they would do anything unless they had PC.

    The fact is that it is an issue( as MMM pointed out) that they tried to fix legislatively in 2013.

    Do do you think that the LEO that shot that family's chihuahua on their front porch ( firing several shots and having to shoot the dog twice) would be someone you would want making a decision as to whether or not you were in violation of that law?

    I can only assume that the troopers that arrested MF when he had a copy of the TxPC with him for them to see are officers who make pretty sound decisions most of the time yet MF still took the ride.

    Caveat emptor
     

    locke_n_load

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    HB1911 will die if it doesn't get scheduled in the next 2 days. Please call with your support and ask that Hunter schedules HB1911 for a vote on the house floor. Takes 30 seconds.
    512.463.0672

     

    Davetex

    TGT Addict
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    Greers Ferry Lake
    [FONT]
    Today (5/9/17) at 12:22 p.m., SB 349 by State Senator Brandon Creighton (R-Conroe) was laid out and explained to members of the Texas Senate. The bill is a clarification for the location of a school activity, as listed in PC 46.03 and fixes the popential problem for licensees. The vote was 29-2 in favor.
    [/FONT]​
    [FONT]

    [/FONT]​
    [FONT]
    The concern centers around weak language in the Penal Code. Could a trip to the Capitol find a licensee in the middle of a "school activity" or even a stop and a McDonalds. Definitions need to be clear in law.[/FONT]​

    [FONT]
    Now SB 349 moves to the Texas House to catch up with HB 968 by Rep. Will Metcalf (R-Conroe), left pending in House Committee on Homeland Security and Public Safety. The issue is expected to continue to the finish line and become law.
    [/FONT]​
    [FONT]

    [/FONT]​
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    No new turf for licensees but a much-needed and well-timed clarification!
    [/FONT]​
     

    locke_n_load

    Well-Known
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    Apr 9, 2013
    1,274
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    Houston, TX
    [FONT=&amp]
    Today (5/9/17) at 12:22 p.m., SB 349 by State Senator Brandon Creighton (R-Conroe) was laid out and explained to members of the Texas Senate. The bill is a clarification for the location of a school activity, as listed in PC 46.03 and fixes the popential problem for licensees. The vote was 29-2 in favor.
    [/FONT]​
    [FONT=&amp]

    [/FONT]​
    [FONT=&amp]
    The concern centers around weak language in the Penal Code. Could a trip to the Capitol find a licensee in the middle of a "school activity" or even a stop and a McDonalds. Definitions need to be clear in law.​
    [/FONT]​

    [FONT=&amp]
    Now SB 349 moves to the Texas House to catch up with HB 968 by Rep. Will Metcalf (R-Conroe), left pending in House Committee on Homeland Security and Public Safety. The issue is expected to continue to the finish line and become law.
    [/FONT]​
    [FONT=&amp]

    [/FONT]​
    [FONT=&amp]
    No new turf for licensees but a much-needed and well-timed clarification!
    [/FONT]​
    Excellent - clarifies that carry is prohibited on property owned by and under the control of a school or post-secondary school. Still don't see a definition for just "school" though - does it include day cares, etc.
     

    locke_n_load

    Well-Known
    Rating - 0%
    0   0   0
    Apr 9, 2013
    1,274
    31
    Houston, TX
    [FONT=&amp]
    Today (5/9/17) at 12:22 p.m., SB 349 by State Senator Brandon Creighton (R-Conroe) was laid out and explained to members of the Texas Senate. The bill is a clarification for the location of a school activity, as listed in PC 46.03 and fixes the popential problem for licensees. The vote was 29-2 in favor.
    [/FONT]​
    [FONT=&amp]

    [/FONT]​
    [FONT=&amp]
    The concern centers around weak language in the Penal Code. Could a trip to the Capitol find a licensee in the middle of a "school activity" or even a stop and a McDonalds. Definitions need to be clear in law.​
    [/FONT]​

    [FONT=&amp]
    Now SB 349 moves to the Texas House to catch up with HB 968 by Rep. Will Metcalf (R-Conroe), left pending in House Committee on Homeland Security and Public Safety. The issue is expected to continue to the finish line and become law.
    [/FONT]​
    [FONT=&amp]

    [/FONT]​
    [FONT=&amp]
    No new turf for licensees but a much-needed and well-timed clarification!
    [/FONT]​

    Dave do you have link for this article?
     

    roadkill

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    0   0   0
    Jul 5, 2013
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    Excellent - clarifies that carry is prohibited on property owned by and under the control of a school or post-secondary school. Still don't see a definition for just "school" though - does it include day cares, etc.

    Might just affect some zoos too
     

    Shady

    The One And Only
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    Aug 24, 2013
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    I have been in Tx for 8 years and have never had to do an emissions test.
     
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