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by tacticool
Sun Jul 25, 2010 1:17 pm
Forum: General Texas CHL Discussion
Topic: Open Carry
Replies: 184
Views: 27740

Re: Open Carry

Charles L. Cotton wrote:
sjfcontrol wrote:I think the point is that 30.06 only applies to CHL holders. Carrying in a car is legal for EVERYBODY (with certain restrictions) thanks to the Motorist Protection Act. Therefore leaving a firearm in your car would NOT be illegal even in a 30.06-posted lot.
That would certainly be my argument if I were defending a criminal trespass charge under those circumstances, however, it's not that clear. Remember, TPC §30.05 is the code section that applies to trespass for everyone for every reason, other than a CHL carrying a handgun. Remember too that TPC §30.05 does not require any specific language like that required by TPC §30.06. It would be hard to argue that a 30.06 sign didn't get the message across (for purposes of TPC §30.05) that the property owner didn't want guns on the property.

Chas.
How is this different than the argument about needing two signs if open carry is decriminalized? If a 30.06 sign is sufficient for MPA, why wouldn't it be sufficient for OC handguns? And vice versa.

Then there's long guns. I always have at least one in my vehicle and like I said in the PCC thread, I've carried a concealed Kel-Tec carbine where it's legal but CHL handguns are prohibited.
by tacticool
Sun Jul 25, 2010 11:32 am
Forum: General Texas CHL Discussion
Topic: Open Carry
Replies: 184
Views: 27740

Re: Open Carry

sjfcontrol wrote:I think the point is that 30.06 only applies to CHL holders. Carrying in a car is legal for EVERYBODY (with certain restrictions) thanks to the Motorist Protection Act. Therefore leaving a firearm in your car would NOT be illegal even in a 30.06-posted lot.

There is no sign that says, in effect: "The Possession of a firearm in your automobile under PC46.02 (Motorist Protection Act) is forbidden."
Can I get your opinion on something as a new instructor with the DPS class fresh in your mind?

1. To make handguns illegal in the parking lot, would they have to post two signs?

2. If they only post a 30.06 sign, does that apply only to someone with a CHL or to nobody?

P.S. Congrats on your first class! :thumbs2:
by tacticool
Wed Jul 21, 2010 7:52 pm
Forum: General Texas CHL Discussion
Topic: Open Carry
Replies: 184
Views: 27740

Re: Open Carry

03Lightningrocks wrote:This thread is probably about to go south at this point, but I have no idea what "OPENLY GAY" means. Do they have a badge or something? If they do, I am going to be upset that I don't have a CHL badge. That is just not fair.
Start here:
http://www.reuters.com/article/idUSTRE5BC06920091213" onclick="window.open(this.href);return false;
http://www.npr.org/templates/story/stor ... =121402257" onclick="window.open(this.href);return false;
http://www.cnn.com/2009/POLITICS/12/13/ ... index.html" onclick="window.open(this.href);return false;
http://www.telegraph.co.uk/news/worldne ... mayor.html" onclick="window.open(this.href);return false;

:tiphat:
by tacticool
Wed Jul 21, 2010 6:44 pm
Forum: General Texas CHL Discussion
Topic: Open Carry
Replies: 184
Views: 27740

Re: Open Carry

74novaman wrote:
tacticool wrote:It's frustrating to realize that most Texans are not pro gun enough to accept open carry.

If we want to sugar coat it, we can say they're "not comfortable enough with guns" to tolerate open carry, but it boils down to the same thing. If people got upset whenever they saw an interracial couple holding hands, and tried to pass laws against it, we could say they're "not comfortable" with it, but it doesn't change the facts.
It has NOTHING to do with how "pro gun" we are. It has EVERYTHING to do with the political realities in Texas.
I disagree. It has EVERYTHING to do with how pro gun we Texans are in general. The "political realities" are a consequence of the lack of a pro gun population.

The reality is open carry wouldn't be an issue in a pro gun state, just as openly gay men and women aren't an issue in pro gay cities like San Francisco and Houston. That's not only "political reality" but real reality.
by tacticool
Sun Jul 18, 2010 2:57 pm
Forum: General Texas CHL Discussion
Topic: Open Carry
Replies: 184
Views: 27740

Re: Open Carry

It's frustrating to realize that most Texans are not pro gun enough to accept open carry.

If we want to sugar coat it, we can say they're "not comfortable enough with guns" to tolerate open carry, but it boils down to the same thing. If people got upset whenever they saw an interracial couple holding hands, and tried to pass laws against it, we could say they're "not comfortable" with it, but it doesn't change the facts.

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