Search found 18 matches

by Hoi Polloi
Tue Oct 19, 2010 6:51 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

Charles L. Cotton wrote:People who are not eligible to get a Texas CHL can get a Utah CFP. Certain instructors are advertising "Don't pay your child support? No problem! Don't pay your taxes? No problem!" It's not a matter of people "getting their feelings hurt;" it's a matter of instructors flaunting the Utah CFP and thumbing their noses at Texas law.

Chas.
Then the law can be amended to say, in whatever the appropriate legalese is, that we only accept non-resident reciprocity for Texas residents who are eligible to receive Texas CHLs. It doesn't have to affect everyone. Then the burden is on the Utah instructors to verify that the TX residents taking their classes are eligible for Texas CHLs. Seems easy enough.

But why do they have to pay child support in order to carry a concealed weapon? If it is that big of a deal, make it a criminal matter which would disqualify them. But carrying isn't a privilege that should be used as leverage to get people to do what we want. It's a fundamental right, is it not?
by Hoi Polloi
Tue Oct 19, 2010 6:30 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

I don't see what the problem is.

Who here had to take an extensive course on the use of deadly force, justification, de-escalation, etc before being allowed to drive a deadly object? Who had a legal requirement of undergoing a psych eval, blood test, and training course on domestic violence, bankruptcies and foreclosures, and the intricacies of common law property rights before they were awarded a marriage license in Texas? Who had to take a class and pass a test on the case history of the first amendment, libel, slander, etc before being allowed to have a letter published to the editor?

Why is it a problem that there are people who are not getting state-specific and state-mandated training on specific laws? Are we seeing many cases of Utah CFP holders being arrested for something that is legal in Utah but not legal here that would point to an education problem affecting the public? No. We're seeing some people with their feelings hurt that others are touting cheaper, easier, faster in our free market economy and trying to use our laws to shut the competition down.

We're talking about a constitutional right here, which means strict scrutiny must be applied before it can be infringed.
-compelling governmental interest
-narrowly tailored law
-the least restrictive means for achieving the interest

So what's the compelling government interest? Keeping firearms out of the hands of known criminals.
Is the law narrowly tailored? Probably so.
Is it the least restrictive means of doing so? No. How does a 10-15 hour class, plus written test, plus shooting test, plus monetary fees come close to being the least restrictive way of doing a background check? It reminds me of a poll test and poll tax. Since when do you have to be able to read and write, pay fees, and have large amounts of knowledge and time to devote to a topic in order to use a basic, constitutional right?
by Hoi Polloi
Tue Jul 06, 2010 11:45 am
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

VoiceofReason wrote:OK, I have been exposed. :leaving Don’t be too hard on me for using a little sarcasm occasionally. I don’t make a habit of it.

Your rational well considered reply is appreciated.
We're all a little facetious sometimes, aren't we? :evil2:

:lol:
by Hoi Polloi
Tue Jul 06, 2010 11:04 am
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

VoiceofReason wrote:I just realized I have been looking at this all wrong. I have been trying to get my wife to go to the range with me, learn to shoot and get her CHL. She won’t do it.

With a Utah license, she won’t have to shoot. I can buy her a 9mm and a 16 round clip, load it for her and tell her “just point it at the BG and keep pulling the trigger until he falls down or the gun is empty”. With a 16 round clip she won’t even have to know how to change clips.

This might solve my problem.
That's all that is needed for car carry. It hasn't seemed to create a rash of improperly trained housewives shooting up the street and innocent bystanders. I know you were being sarcastic, but that method seems to be working out OK for many.

Now I'm not arguing that it couldn't be handled better. But how much needs to be legislated as a governmental requirement and how much can be left to personal responsibility? From a practical standpoint, she's less likely to use it or to be successful in its use without practice. It seems the average citizen having a gun, even without more training, does not lead to concerning situations from a governmental standpoint, though.
by Hoi Polloi
Mon Jul 05, 2010 9:25 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

sjfcontrol wrote:Most people recognize it when they see it :lol:
Aw, man! And here I thought the facetious smiley was this one: :roll:

This changes everything! :lol:

Goodness only knows what this one might mean now! :bigear:

It's probably some sort of conspiracy involving our government, traced all the way up to our president, but unspoken here for fear of censure. :evil2:
by Hoi Polloi
Mon Jul 05, 2010 12:47 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

The Annoyed Man wrote:Somebody get me a lawn-chair and a big bowl of popcorn. This one is going to be fun to watch.
Image
by Hoi Polloi
Sun Jun 27, 2010 11:19 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

Charles L. Cotton wrote:
Hoi Polloi wrote: Charles, I think you've confused me with another poster again.
Nope, no confusion at all. Here is your post from the 6th page of this thread.

Chas.
Hoi Polloi wrote:
Charles L. Cotton wrote:
Significant Otter wrote:On the whole, Texans with a Utah CFP seem to be at least as knowledgeable and competent as those who pass one of the many "One Day CHL" classes taught in Texas.
What is the basis of this statement? What evidence supports this rather outrageous opinion of approximately 450,000 Texas CHL holders about 1600 CHL Instructors?

Chas.
Charles,

Among those who have their licenses revoked, is there a statistically higher percentage of people who have a non-resident CHL-equivalent license represented? Among those revocations of non-resident CHLs, is Utah statistically overrepresented in comparison to the percentage of overall licenses in use?

I think those numbers would observably show if Utah's non-resident license holders maintain the minimum standards for Texas concealed carry in comparison to those with a TX resident CHL.
Charles,

You said, "Baldeagle just gave you the numbers I didn't know and they clearly cut against your argument." Then you quoted me asking an honest question devoid of argument--in the question you bolded or the entire post--as proof. I'm confused.

*edited to fix quote box
by Hoi Polloi
Sun Jun 27, 2010 10:25 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

srothstein wrote:Well, here is a story I just found on this "problem". It now has a named state representative (Lon Burnam - Dem from Ft. Worth) promising to work on this loophole in the next legislative session. And it has a scope for the problem, which raises a whole new set of questions. The article claims the state is "losing" $1.5 million per year in concealed carry fees to Utah. If they realize there are other states also, that number can be inflated higher.

But how can we be losing anything when the CHL fee was supposed to be revenue neutral? It was to pay the cost of the program only, not make any money for the state. But this does show the politics of the problem.

I think we need to take Charles' advice now and let this issue drop from public talk while he and TSRA work on the legislature "solutions".
YAY! They quote economics as the reason for concern. Who was it who posted a while back what the solution is from an economic standpoint? ;-)

*edited to fix formatting...twice, 'cuz the first time didn't work.
srothstein wrote:Maybe I missed it, but I think there is a better solution to this problem. We could let the marketplace make the decision for us. That way, if Texas wants its residents to use Texas CHLs instead of other states, it fixes the CHL system to make the Texas CHL more competitive on the market. In other words, lower the price, speed up the process (though they are doing very well right now), cut the number of ways a license gets suspended, allow anyone aho can legally own a gun (and therefore carry it in their car) to get a CHL, etc.

Look at the reasons given for people getting out of state CHLs. Are the reasons they give really good reasons for Texas to stop them from getting a Texas CHL?
by Hoi Polloi
Sun Jun 27, 2010 9:36 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

Charles L. Cotton wrote:
Hoi Polloi wrote:I was writing a response to baldeagle saying the same thing he said about variables.

I started looking up the legal reasons for revocation to compare Texas' to Utah's.

A much better sample which would limit variables would be TX residents with a TX resident CHL and TX residents with a Utah non-resident CHL.

It hasn't changed my opinion, as I don't have one and am merely offering that the stats should be considered before forming one, but it does definitely pique my curiosity.
You are the one who referenced the revocation rates as being relevant, not me. Baldeagle just gave you the numbers I didn't know and they clearly cut against your argument. As an attorney, I know how uncomfortable it is trying to defend against an issue you brought up when it turned sour. There's an old saying with trial attorneys, "once the skunk is in the jury box, you can never get rid of the smell!" (I'm just having a little fun here, so don't be offended.)

I agreed with baldeagle that there is no way to draw any real conclusions from this data, other than the obvious; the Utah revocation rate is 4.6 times higher than the Texas revocation rate. I was also very surprised to see that Utah had issued over 200,000 CFP's. When I took the course, Utah had issued only about 40,000 to 60,000 licenses (2 years ago), according to one of the instructors. (He could have meant to Utah residents.) My instructor class had about 35 to 40 people in it and only 4, that's right 4, were Utah residents! The rest were from all over the country including Hawaii. So it is highly likely that Utah revocations are from all over the country and not just from Utah licenses issued to Utah residents.

As for enforcement, I can state with confidence that Utah's 4 employees in the concealed handgun division do not pursue revocation more aggressively than Texas. As a Utah instructor I can also state that Utah law does not provide greater reason or opportunity to revoke a license than Texas law. Only by thoroughly researching this issue could we be sure (and I have neither the time nor the desire to do so), but I suspect the majority of the Utah revocations are because of acts committed in states other than Utah by people carrying on a Utah non-resident CFP. Two factors support this hypothesis; 1) there are many more Utah CFP's held by non-residents than Utah residents; and 2) the fact that Utah law prohibits the teaching of any other state's laws during the Utah class increases the likelihood those CFP's have not received training or education on their home state's laws relative to the use of force, including deadly force, or any other statutes that impact the carrying of handguns by citizens. (Remember, there's a lot more to carrying a gun than knowing when you can use it. Texas' 51% rule; definition of "premises," duty to display a CHL; 30 day time limit to report a new address, SA v. NSA license are but examples.)

Chas.
Charles, I think you've confused me with another poster again.

I just looked over all the posts I've made in this thread. My first post was questioning the consistency of people's arguments between their overall political stance on gun laws and their solutions for this issue. It did not reference revocation rates or give my opinion on non-resident Utah CFPs.

My second post stated that reciprocity is a poor term for describing the process of recognizing other states' concealed carry permits (which sjfcontrol later responded to by stating that reciprocity is accurately used in conjunction with the term unilateral as necessary).

My third post was about economics being a valid point of discussion. The summary statement in that post is, "So the real question here is what should the laws be and how do we get them there? The contingency plan if that doesn't work shouldn't be the first run."

My fourth post only said, "Yes, and he really shot himself in the foot, too, as his revenue stream could really be dried up after that." It obviously did not state an opinion on the subject of recognizing non-resident CFPs.

My fifth post mainly asked questions regarding what is actually going on because of the what-if scenarios being presented. It asked for stats to determine the reality. Sjfcontrol later said that this post caused the thread to jump the shark when I used a reductio ad absurdum regarding extraterrestrial lifeforms to demonstrate the absurdity of the fearmongering in place of any real data.

My sixth post again asked for data from which opinions could be extrapolated. A quote from that post: "I think those numbers would observably show if Utah's non-resident license holders maintain the minimum standards for Texas concealed carry in comparison to those with a TX resident CHL." It did not state a position and clearly demonstrated that I continued to look for statistics from which a legitimate opinion could be reached.

My seventh post again asked questions about statistics, specifically asking if stats I had were accurate and for input from those who had more knowledge of the statistics. It made no statements of opinion.

My eighth post pointed out that you responded to me, specifically saying I'd made a derogatory comment, when you were intending to respond to comments from a different poster and misattributed those comments to me.

My ninth post said that I agreed with baldeagle that the stats posted had too many variables from which to draw opinions and I mused on which stats would lead to better extrapolation on the subject at hand. A quote from that post: "It hasn't changed my opinion, as I don't have one and am merely offering that the stats should be considered before forming one, but it does definitely pique my curiosity."

This is my tenth post to the thread in which I will again say that we seem to be shooting at ghosts without any data on how much of a "problem" this is. Guesses and hypotheses are useless, especially when considering a restriction of people's current legal rights. I completely concede that guesses by those who are in the thick of things are more likely to be accurate, and if they are then they will stand up to investigation. I have no opinion on the accuracy of your guesses and I continue to wonder what the stats are. I understand that it would take time and money to discover them and that is why I asked in my seventh post if a study already taken covers the topic.

My only thought--and this is the first time I've mentioned an opinion on the topic at hand, which I point out is not so much an opinion but a very rough observation more than anything--is that even with Utah's rate of revocation being so much higher than Texas', that it seems that their revocation rate is still an infinitesimally small number in comparison to the whole of non-resident CFP holders. I wonder if those revocations include an abnormally high percentage of concerning crimes in comparison to more administrative issues, as someone else has brought up at least a couple times in the thread. I have no opinion on that and again would be interested in the numbers. I'm not personally invested enough to finance finding those numbers, but I know that some people and organizations are concerned about further restrictions being placed on Texans' gun rights who would be interested in those stats. I point out again that I am surprised by the inconsistency of some posters who belong to such organizations and regularly say that they want less restrictions on the carrying and bearing of arms who then post on this issue to say more, more, more restrictions based only on what everyone has so far agreed is an isolated situation of media fearmongering over what-ifs.

If it is a problem, get the numbers, form a solution, and do something about it. I would hope that the solution offered would be consistent with the political ideology the poster holds overall. If it isn't a problem, the issue is the distortion of the media and the solution should be directed towards that and not towards the non-issue.
by Hoi Polloi
Sat Jun 26, 2010 10:51 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

I was writing a response to baldeagle saying the same thing he said about variables.

I started looking up the legal reasons for revocation to compare Texas' to Utah's.

A much better sample which would limit variables would be TX residents with a TX resident CHL and TX residents with a Utah non-resident CHL.

It hasn't changed my opinion, as I don't have one and am merely offering that the stats should be considered before forming one, but it does definitely pique my curiosity.
by Hoi Polloi
Sat Jun 26, 2010 10:18 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

Charles L. Cotton wrote:
Hoi Polloi wrote:
Charles L. Cotton wrote:
Significant Otter wrote:On the whole, Texans with a Utah CFP seem to be at least as knowledgeable and competent as those who pass one of the many "One Day CHL" classes taught in Texas.
What is the basis of this statement? What evidence supports this rather outrageous opinion of approximately 450,000 Texas CHL holders about 1600 CHL Instructors?

Chas.
Charles,

Among those who have their licenses revoked, is there a statistically higher percentage of people who have a non-resident CHL-equivalent license represented? Among those revocations of non-resident CHLs, is Utah statistically overrepresented in comparison to the percentage of overall licenses in use?

I think those numbers would observably show if Utah's non-resident license holders maintain the minimum standards for Texas concealed carry in comparison to those with a TX resident CHL.
I have no idea what the revocation rate for Utah CFP's is or how it compares to revocation of CHL's. There is no reason to believe it is any better or worse. However, my focus is on your statements 1) that Utah CFP's are as knowledgeable as Texans with CHL's; and 2) your derogatory statement about Texas CHL instructors. Relative revocation rates have nothing to do with the knowledge of Texas law.

The Utah class does not, indeed cannot, teach Texas law. I am a Utah Instructor and we were told that we cannot teach any other state's law during the Utah class. If we are to teach the Utah class along with another state's class, we have to teach Utah first. Violations of either of these provisions are a basis for revocation of the Utah instructor's certification.

Therefore, a person taking only a Utah CFP course will not have receive any training on Texas laws. It cannot be argued that they are as knowledgeable about the laws that will govern their conduct, including the use of force, under Texas law.

As for the quality of instruction by Texas CHL instructors, I seriously doubt many incompetent instructors remain certified. Yes, we've heard of a few here on TexasCHLforum, but very few. DPS takes instructor complaints seriously and after a number of "bad" instructors were weeded out several years ago, the complaints dropped dramatically. Every instructor community from CHL instructors to flight instructors (not to mention public schools) have varying levels of competence and effectiveness, but that does not equate to incompetence or dishonesty. One thing is absolutely clear; advertising a concealed handgun class in Texas and not telling people it's a license from another state is hardly what I would call intellectually honest.

Chas.
Just to clarify, I am asking about the numbers which you responded to in the first two sentences and Significant Otter made the statements you responded to in the rest of your post.
by Hoi Polloi
Sat Jun 26, 2010 10:00 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

LarryH wrote:
Hoi Polloi wrote:
Charles L. Cotton wrote:
Significant Otter wrote:On the whole, Texans with a Utah CFP seem to be at least as knowledgeable and competent as those who pass one of the many "One Day CHL" classes taught in Texas.
What is the basis of this statement? What evidence supports this rather outrageous opinion of approximately 450,000 Texas CHL holders about 1600 CHL Instructors?

Chas.
Charles,

Among those who have their licenses revoked, is there a statistically higher percentage of people who have a non-resident CHL-equivalent license represented? Among those revocations of non-resident CHLs, is Utah statistically overrepresented in comparison to the percentage of overall licenses in use?

I think those numbers would observably show if Utah's non-resident license holders maintain the minimum standards for Texas concealed carry in comparison to those with a TX resident CHL.
Texas, of course, dces not track revocations of Utah certificates. Answers to your questions may or may not be available from Utah (or other states represented by Texas residents holding certificates from those states).

The "one-day Texas CHL class" involves at least ten hours of class, written exam and range time, much more than is required for the Utah certificate or the Minnesota certificate (just to mention two).
It is my understanding that 10-15 hours of class with range time and written test is one of the most extensive CHL requirements among the shall issue states. Is that accurate?

I think a comparison of percentage of licenses that end in revocations by state, subdivided by reason for revocation and any other number of data that can be compiled on the topic, would shed light on if these excess requirements increase safety and decrease revocations. I don't have the finances to underwrite such a study, but it is my understanding from transcripts of interviews that I've glanced over that John R. Lott, Jr's book More Guns, Less Crime does break statistics down by state and that it says that they are pretty consistent across states. I haven't read the book, though, so I would be interested in hearing what it says from someone who has.
by Hoi Polloi
Sat Jun 26, 2010 9:32 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

Charles L. Cotton wrote:
Significant Otter wrote:On the whole, Texans with a Utah CFP seem to be at least as knowledgeable and competent as those who pass one of the many "One Day CHL" classes taught in Texas.
What is the basis of this statement? What evidence supports this rather outrageous opinion of approximately 450,000 Texas CHL holders about 1600 CHL Instructors?

Chas.
Charles,

Among those who have their licenses revoked, is there a statistically higher percentage of people who have a non-resident CHL-equivalent license represented? Among those revocations of non-resident CHLs, is Utah statistically overrepresented in comparison to the percentage of overall licenses in use?

I think those numbers would observably show if Utah's non-resident license holders maintain the minimum standards for Texas concealed carry in comparison to those with a TX resident CHL.
by Hoi Polloi
Sat Jun 26, 2010 6:39 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

There's a lot of talk of potential abuses. What is the reality of the situation? Do we have an epidemic of old, blind, shaking guys getting CHLs and then using them indiscriminately shooting up parking lots and taking out bystanders? Do we have an epidemic of non-resident CHL holders claiming that the reason they violated TX laws and had their licenses revoked was because they didn't know TX law?

It seems like we're shooting at ghosts here. I can understand that the media is doing it, but am surprised that it is gaining ground here.

It seems that those people who are knowledgeable enough about CHLs and who go through the process and then actually get the licenses (there are several threads here saying people regularly do everything except send off for the license) are motivated and self-policing so much so that they are less likely to commit a crime than a police officer. If that's the case, why not promote this and do PR to counter the illogical attack instead of perpetuating this fearmongering of what-if?

You know, the statutes don't exclude extraterrestrial lifeforms from getting a non-resident permit. Who is to say that they can handle guns designed for human hands? Haven't you seen Mars Attacks? I think we should exclude them from concealed carry as well. And we definitely shouldn't offer reciprocity to aliens!
by Hoi Polloi
Sat Jun 26, 2010 11:00 am
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32944

Re: Utah CHL Instructor Story on WFAA

Salty1 wrote:In my opinion this clowns 2 minutes of fame will be the root cause of additional legislation in Austin, I sure hope it does not distract from the issues such as campus carry and parking lot bills that have been worked on for years now. The anti's are going to have a field day with this, we have not heard the end of it. He runs a business out of his house and did 2000 students, basically he made $200k without any overhead, wonder how much of that is claimed on his taxes? It would be a shame if the IRS took a look at his business :rules:

I have seen his signs on the side of roads and posting in Craigslist for this class. In my opinion he has hurt everyone of us, f common sense and know when to keep ones mouth shut seems to not be his strong suit... :banghead:
Yes, and he really shot himself in the foot, too, as his revenue stream could really be dried up after that.

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