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VMI77

cb1000rider wrote:
E.Marquez wrote: Your pont of being able to carry a long gun Everywhere.. anywhere because of what is in the 2nd amendment does not prove to be true or realistic, in the reality we live in. I'm guessing since the days or Kennedy, or maybe Lincoln.. you have not been able to "bear arms" near the president... even though the 2nd amendment says what it does.
There are many more places you may not "bare arms" these days for sure.. and I don't like it much myself But my not likening it does not change the reality of it.
I agree with you mostly... I wouldn't compare it to yelling "fire" in a 1st amendment context, as we've pretty much ruled that out as protected speech.

And to be reasonable, I don't expect the 2nd amendment to apply "everywhere" - I'm not that much of a constitutional nut. I wouldn't expect it to apply to many places - maybe the same list that CHL does not apply to.
However, I do expect that it should apply to my ability to walk down the street (on the way to my neighbors house for a good cleaning). And I do expect it to apply to my ability to carry it from a public parking area to a vehicle that is waiting for me. Instead, I choose to hide it in a case... And think long and hard about calling ahead even if it's in that case to indicate that I'm not a threat because I'm worried about that LEO encounter.

But you can yell "fire" in a crowded theater, or anyplace else for that matter, if there is a fire.

VMI77

cb1000rider wrote:
VMI77 wrote:there are states that viciously target law abiding gun owners, like New York and New Jersey and Texas isn't one of them. I believe law for law, common sense is more likely to be applied in a State like Texas than one like New Jersey.
I know of some awful charges in NJ, but those charges stemmed from aggressive gun laws enacted by a liberal state. The laws didn't make a lot of sense (to me) - but I recognize them as law. The cases that I know about the gun owners didn't follow the laws of that state. Do you mean that liberal states tend towards more firearms restrictions? That I can get behind.

I'm not sure that I believe that liberal governments choose to go after law-abiding citizens more than conservative ones. IE - I'm much more wary of a trip through Williamson county than I am in Travis county. It's pretty well documented that the hammer of "justice" is much more costly in Williamson county. My blood pressure is much higher if I'm stopped up there than it is in Travis county.

I made trips through "restrictive" states this year: Illinois, I disassembled firearms, separated them from ammunition, locked them in cases, and put them in storage where I couldn't get to them from the vehicle. New Jersey - I didn't risk it at all, no firearms period...

Chasfm11 pretty much said what I was getting at. I don't know about liberal governments going after law-abiding citizens, but liberal prosecutors and judges are more likely to go after law-abiding gun owners. The guy I referred to in New Jersey got seven years. He had called the State Police to ask how he needed to transport his guns when he moved from Colorado. He had them locked up and unloaded. I don't remember the particular technicality used against him, but the judge rode the trial to the point of telling the jury they had to convict when it became clear they thought the law too Draconian and wanted to let him off.

As Chasfm11 said, the issue is in enforcement. They don't prosecute gang-bangers under these laws, just some guy with a clean record who clearly tried to obey the law. Seven years in prison on a technicality while the openly criminal element gets a pass ---that's not an accident. In fact, it is the law-abiding the stupid laws like the 7 round mag limit are deliberately targeting.

VMI77

cb1000rider wrote:I agree with you, other than insinuating that the political demographics are to blame.
Round Rock is conservative, handdog still got arrested.

Wasn't insinuating...was stating. Granted, I glossed over the difference between Federal and State law, but there are states that viciously target law abiding gun owners, like New York and New Jersey and Texas isn't one of them. I believe law for law, common sense is more likely to be applied in a State like Texas than one like New Jersey.

VMI77

cb1000rider wrote:
bayouhazard wrote:I think arresting people carrying in school zones under MPA is a better use of time than hassling people legally open carrying long guns.
Where I live, a new school is going up.
That school is on the only road in/out of one small town as well as my home. Anyone in the area who is involved in hunting or sport shooting will be in violation of this law unless they have a CHL.

IMHO, this is where LEO discretion should play... Otherwise, stopping cars / trucks along this single road and asking if there are weapons in the vehicle provide a very real reason why you might not want to be truthful.

I think the school zone law is stupid, but would be OK as an add-on for another crime....like felon with a weapon plus weapon in a school zone. Or, if as you say, used with common sense. Unfortunately, we can't count on the law being applied with common sense. Look at the cops up north arresting good citizens for having 8 rounds in a magazine; or the guy in New Jersey who got seven years for having unloaded and locked legal firearms in the trunk of his car at his parent's home. The law in these leftist habitats is intentionally Draconian and only seems to be applied in places like that against the law abiding. We're not at that point yet here, but it may well be coming....and we're a lot closer to it now in the big cities than we should be.

VMI77

Jumping Frog wrote:
Amonix wrote:You know I was curious about the whole school zone thing. My CHL instructor explained to us that we were allowed to keep our weapons in the car passing the school. However we were unable to take our weapons into the school if we were going to pick up our kids or doing any business on the school. My curiosity was because I (as I have not received my CHL yet everything stays home until I go to the range) live 5 houses away from a high school. I plan to travel that way going to and from work (fastest way).
A licensee is allowed to have the handgun on school grounds, but is not allowed to carry into any buildings. A licensee also cannot carry at any school activities.

Another question that occurred to me: does the zone have to be posted as a "gun free school zone" or does the law apply everywhere with reduced speed limits for school zones?

VMI77

Keith B wrote:CHL=Concealed HANDGUN License

That's what I thought.....that having a rifle or shotgun in our cars that isn't locked in a container makes us criminals.....just wanted to be sure of where I stood.

VMI77

Keith B wrote:
VMI77 wrote:But then, if you live across from a school you could never enter or leave your house with a firearm without violating the law. Buy a new rifle, take it home, you're a criminal. Go to the range, you're a criminal.
Nope.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

So does a CHL cover possession of a rifle or a shotgun, not unloaded or in a locked container, or to be legal, do CHL holders have to carry rifles and shotguns in locked containers?

VMI77

jmra wrote:
VoiceofReason wrote:Is it illegal to drive on the street in a school zone with a gun in the car?

Parked on the street?

Live across the street from a school and have a gun in your house?

I know these questions are getting stupid but it sounds like the law is stupid.
It's not illegal to have a gun on your private property even if it is spitting distance from the school.
"(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;"

But then, if you live across from a school you could never enter or leave your house with a firearm without violating the law. Buy a new rifle, take it home, you're a criminal. Go to the range, you're a criminal. It is actually just about impossible to travel anywhere in Texas without violating this law. Especially where there is only one thru road going through a small town with a school. In fact, there are some major roads where a school sits right off the highway, no town, and no other way to get from A to B. Alt-90 between Hallettsville and Eagle Lake comes to mind.

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