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Wouldn't that technically be getting on topic?SawdustBytes wrote:I do not wish to get "off topic", but at the risk of doing so -- What is the current state of HB 910?
From what I understand, if something is not explicitly defined in statute, the courts will use a reasonable definition that most benefits the defendant.hansdedrich wrote:Yes, but the more descriptive, the more protection you have in court. It wouldn't be that much of a stretch to simply state in the law that in open carry, either: 1."The gun and holster must be totally exposed at all times. Or, the gun can be partially exposed. Or better yet, whether the gun is exposed, partially exposed, or totally concealed makes no difference.
Unless this is spelled out, this will be a bad law and somebody is gonna have to spend big bucks defending him or herself.
Then it should just be "holster" without the belt or shoulder modifiers. Having "belt or shoulder" severely limits the types of holsters that can be used. For instance, I have a vehicle mounted holster (Grassburr) that I would not be able to use without concealing it. However, I would be able to open carry in my vehicle in a belt or shoulder holster. I don't understand why one is okay and the other is not.jmra wrote:with the point you are making. The more descriptive the law gets the more restrictive it becomes.
hansdedrich wrote:Okay, here's the section below. Question: Is an inside the belt holster that is attached to the belt legally considered 'being carried in a belt holster'? In that case, only the butt of the gun would show.
Also: what does this mean? "Intentionally, knowingly, or recklessly carries"
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Went back through and found him. His name is Ben Leal from Dallas, TX.mr1337 wrote:I didn't get it. We'll have to get it when the recording is posted.v7a wrote:Did anyone catch his name? Let's leave his business some yelp reviews so that potential customers know how deep his support for the 2nd Amendment runs.mr1337 wrote:This firearm instructor wants to bring back the class for renewals. His business must be hurting from when the requirement was removed.
I didn't get it. We'll have to get it when the recording is posted.v7a wrote:Did anyone catch his name? Let's leave his business some yelp reviews so that potential customers know how deep his support for the 2nd Amendment runs.mr1337 wrote:This firearm instructor wants to bring back the class for renewals. His business must be hurting from when the requirement was removed.