Wednesday, May 30, 2007
New law will finally solve guns and traveling question in Texas
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Good news for Texas gun owners: Finally, the question of whether you can carry a concealed, loaded handgun in your car is about to be decided with the passage of HB 1815, discussed by Grits here.
Earlier this year a public policy report I wrote (pdf) was published under the joint auspices of the Texas State Rifle Association, the Texas Criminal Justice Coalition and the ACLU of Texas criticizing attempts by some prosecutors to circumvent a statute passed during the 79th (2005) Texas Legislature. The open-records based study even received attention from The New York Times, and was widely distributed in support of HB 1815 by Isett/Hinojosa, the legislative fix that would disallow Texas prosecutors from sidestepping the law.
The new version of the law, which everyone expects the Governor to sign, repeals the old language entirely and says an individual cannot be charged with unlawfully carrying a weapon (UCW) in their personal vehicle unless:
* the handgun is in plain view (not found as a result of a consent search),
* the person is engaged in criminal activity other than traffic violations,
* the person is legally disallowed from owning a weapon (e.g., past criminal convictions), or
* the person's name is in the state of Texas' criminal street gang database.
Otherwise, if the weapon is concealed on your person or somewhere in the vehicle out of plain sight, and none of the other restrictions apply to you, as soon as HB 1815 takes effect on September 1, 2007 it will be legal to carry a handgun in your car.
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Comments
Pavel Lishin Verified
Note to self, drive more politely.
11 months, 3 weeks ago ( Link to this comment | Suggest removal )
DC Anonymous
Why exactly does it need to be concealed in the first place?
11 months, 3 weeks ago ( Link to this comment | Suggest removal )
Dylan Cave Verified
It beats gluing it to the hood as an ornament.
11 months, 3 weeks ago ( Link to this comment | Suggest removal )
Sanders Kaufman Verified
It has to be concealed because the carriers don't want to PREVENT problems. They just want to HUNT humans.
11 months, 3 weeks ago ( Link to this comment | Suggest removal )
DC Anonymous
Personally, I'd rather see it glued to the hood or dash rather than bouncing around on the floor next to the Coors Light empties.
11 months, 3 weeks ago ( Link to this comment | Suggest removal )
Dylan Cave Verified
Currently the only people carrying guns in their vehicles are breaking the law. This most likely being only one law of many. I do not own any type of firearm, but I firmly believe that any law abiding citizen has a right to do so. They should be allowed to carry out this right as needed and within reasonable parameters. I consider being able to have a firearm in your vehicle to be a reasonable use. So long as this law does not trump the wishes of property owners, such as businesses who ban any possession of a firearm while on their property. Whether this be on their person or in their vehicle.
Laws barring legal gun possession will never prevent a criminal from doing so. I realize that short of melting every gun on the planet, crimes committed using guns will continue to be a problem. Once every gun is melted down, criminals will simply switch to some other deadly device. Then I suppose people will argue over whether or not it should be legal to own bows and arrows or kitchen knives.
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
DC Anonymous
Well, that's an absurd arguement. Unless someone has kitchen knives that shoot projectiles I don't think the two can be compared.
Really, though, why to guns need to be concealed? If people are all law abiding and honest and not out to murder anyone, why not make it a requirement to keep guns out in the open? I mean, shouldn't people be proud to walk around with their guns?
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
Dylan Cave Verified
It should be absurd; it was sarcasm. I am simply pointing to the fact that murder is murder regardless of what was used to gain the end result.
Personally, I don't want to know if the man next to me is carrying a weapon. Also, I like the fact that a criminal may wonder if I have a weapon before attempting to mug me. Maybe this is larger on my mind because I live downtown.
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
Dylan Cave Verified
This may surprise you, and distort your image of a person who supports gun rights. I would support a law that ended your expectation of privacy while operating a motor vehicle on a public roadway. I think that police should be able to stop and search any vehicle operating on our roads for any reason, and be able to evaluate the condition of the driver.
Much in the way that you may be stopped and boarded while operating a boat on a public lake.
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
rkdDallas Anonymous
Seat Belt tickets and the way they are given out. I have never received a ticket that I did not deserve until yesterday afternoon. I was driving through Coppell Tx. and was pulled over. The ticketing officer told me another officer saw me down the road and "I was not wearing a seat belt". I tried to explain to the officer that my truck beeps constantly when I do not wear a seat belt and he just ignored me. Even though I was clearly wearing the seat belt when I was pulled over the officer was not interested in my comments. I did see the officer “Spotting People” but I thought it was just some strange guy trying the cross the road in rush hour traffic since he was not in uniform. I was traveling at 40 miles an hour in rush hour traffic with tinted windows. I drive a F250 crew cab and the seat belt mounts are very low and the seat belt itself is the exact same color as my interior. I can only assume that he was guessing that I did not have it on. The reason for this post is to warn anyone traveling through Coppell put your windows down and make sure your seat belt is very visible so this does not happen to you. I think I am going to put Lights on mine so he can see it next time.
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
DC Anonymous
It's on my mind since I live downtown as well, and I would rather see who has the guns well in advance before we both have to second guess each other as to who is carrying a gun or not.
If it was such that people were carrying yellow AK-47s with red flashing LEDs on them, we could consider avoiding these individuals. As well, if you're concerned about muggers this would tell them a block or so in advance that you're ready to mow them all down. Instead, we get to live in mild to moderate paranoia.
http://koti.mbnet.fi/badbee/wavs/ak47...
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
Dylan Cave Verified
No one says it better than Sam. Seriously, I think we're getting off topic a bit. I agree completely with the law. Currently you may have a weapon while on the premises of your business or home. It stands to reason that you should be able to drive between these locations without worrying about going to jail.
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
interestedcitizen Anonymous
Requiring that the weapon be concealed would meet the objective of requiring that it not be immediately accessible to be used. A weapon in the open is more easy to deploy and more likely creates the presumption that one who carries a weapon out in the open intends to use it. The requirement of concealment makes a law abiding citizen pause a moment. It is the least restrictive way to ensure a constitutional right while protecting an important governmental interest. That's not libertarian, but at least there is a legitimate government objective there.
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
Dylan Cave Verified
Well said
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
DC Anonymous
I'm not sure what the point of carrying something around is if you don't intend on using it.
Yeah, yeah, yeah, off topic, Trinity River, Ed Oakley, Angela Hunt, DISD, FBI, www.seizurerobots.com does everyone feel better now?
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
Dylan Cave Verified
It's not that they intend on using it. An example can be found in that many police officers go their entire careers without "using" deadly force. They carry a weapon in the event that it becomes necessary. To be frank, if that is your opinion I am grateful that you do not carry a firearm.
11 months, 2 weeks ago ( Link to this comment | Suggest removal )
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