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by chabouk
Thu May 13, 2010 2:00 am
Forum: General Texas CHL Discussion
Topic: An argument against 30.06
Replies: 82
Views: 16107

Re: An argument against 30.06

The problem with Texas is that we patch sores, instead of excising them. The solution to the infamous PC 46.035 "churches, amusement parks, etc." list of places off limits was not to delete those places from the code, but to add the "(i)" section (waaaaay down the page) saying they were only off limits if a 30.06 notice was posted.

The same was true for the problem of "gunbusters" notices in 1996-'97: the problem was that via PC 30.05(d)(3)(B), a simple case of trespass automatically jumped all the way up to a Class A misdemeanor, one level short of a felony.

The 30.06 notice patched the sore, instead of excising the problematic statute.

While I salute the creative lobbing and legislating involved, and I love the "big ugly sign" requirement, I would prefer minimizing the penalty like some other states have done, where "simple trespass" isn't even an arrestable offense, and is a "violation" below Class C level, sometimes with a maximum $25 fine.

In short: remove the aggravating factor of carrying "a deadly weapon", add the mitigating factor of being legally authorized to carry a gun, and reduce the penalty to a $10 fine, but only if refusing to leave upon being given direct notice by a person, not a sign.

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