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by DallasCHL
Sun Apr 25, 2010 9:28 pm
Forum: General Texas CHL Discussion
Topic: Desired CHL Reform
Replies: 94
Views: 16733

Re: Desired CHL Reform

srothstein wrote:
joe817 wrote:A valid question indeed. Think of an employer parking lot as an apartment complex. Private property, yes. But do the rights of a person who's car is in that parking lot extend to the interior of the car?......just as an apartment dweller have the rights to own what is contained in the apartment she or he rents without further scrutiny from the apartment owner? I am not a lawyer but I believe the law says yes. IMHO, the vehicle becomes the vehicle's owner "private domain", which is his and not subject to the scrutiny to the parking lot owner.

If this is a flawed logic, I do not see it. But it makes sense to me. :tiphat:
Joe, it might make sense but it is not the law. For example, leases can restrict people's ownership rights in the apartment and do so all the time. For example, how many apartments have a "no pets" clause, or limit the size of the pet? You can even find leases that say no firearms allowed (like all college dorm rooms).

My analogy is that the car is just like nay other container you bring on my property. If you have no problem with me saying you cannot keep a gun in your briefcase, what is the difference between that and your car? It is just a container you brought onto my property.

While I fully understand the problem people wish to address, I cannot support the parking lot bill. It is an infringement on the private property rights of the business. To me, a much better solution (more elegant in that it gets the same message across without infringing on people's rights), is to make the liability explicit in the law. If you, either as a business or as an individual, make a rule that someone must leave their weapon off your property, you have just assumed responsibility for their well being. This responsibility starts at the last property they could reasonable have had the means to protect themselves and left that means safely, and ends when they return to the property to retrieve that means to protect themselves. Make the business liable for its decision and the decision will probably got he way you want it too.
This is a tough one for sure, but the apartment analogy is a good one. Landlord/tenant relationships, like employer/employee relationships are already very heavily regulated, and this is almost universally accepted. You can keep dogs out of your apartment complex, but you cannot keep out women, minorities, single folks, married folks, fat people, old people, the disabled, etc. You can't make hiring or firing decisions on those bases either. So, while I'm generally very pro-freedom and property rights, as long as the law says employers can't ban wheelchairs, I'm ok with a law that says they can't ban handguns in cars.
by DallasCHL
Thu Apr 22, 2010 9:47 pm
Forum: General Texas CHL Discussion
Topic: Desired CHL Reform
Replies: 94
Views: 16733

Re: Desired CHL Reform

Charles L. Cotton wrote:
Ol Zeke wrote:Am I not the only one, who is optimistic about our chances, after the Nov. elections to get more favorable CHL Legislation? I’m optimistic that we are going to have a far more conservative legislature, next time they meet.

If so, what’s at the top of your list?

Do away with “Gun Free Zones”?

Eliminate 30.06? (Did you know there are states who’s CHL statutes prohibit businesses from forbidding CCW?)

Make it a CWL? (Does anyone else find it totally ludicrous that we can carry a concealed handgun but not a boot knife?)

Your thoughts?
I do not anticipate a huge swing in the make-up of the Texas Legislature. I hope we can pick up the five (5) House seats that went from Republican to Democrat in the 2008 election. If we get more then that's even better.
I know of at least one seat that will stay D but no longer be anti.

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