Search found 7 matches

by speedsix
Tue Jun 19, 2012 1:20 pm
Forum: General Texas CHL Discussion
Topic: Chaz7138 on Texas3006.com claim on letter size of 30.06
Replies: 39
Views: 5703

Re: Chaz7138 on Texas3006.com claim on letter size of 30.06

Keith B wrote:
speedsix wrote:...I don't read that in the law...46.035 says that we commit an offense if we INTENTIONALLY, KNOWINGLY, OR RECKLESSLY carry in a business that has a 51% permit...if it's not posted, the intentionally, knowingly, or recklessly haven't been met...

...any test cases to see how the prosecution handled those points?
From our resident TABC expert viewtopic.php?f=7&t=44884#p544762" onclick="window.open(this.href);return false;

...thanks for that...but before you need a defense to prosecution, you need to have met the elements of the crime...in this case INTENTIONALLY, KNOWINGLY, OR RECKLESSLY carrying in a 51% business

...in a church...I know I'm in a church...in a school, I know I'm in a school...but in a pool hall, or an American Legion post...the only reasonable way I can knowingly (or intentionally or recklessly) commit an offense is if I have some knowledge that this business is a 51% business...only discernable by an average citizen if they see the business' license or the required posted 51% sign...

...have there even been any arrests on this charge yet?
by speedsix
Tue Jun 19, 2012 12:51 pm
Forum: General Texas CHL Discussion
Topic: Chaz7138 on Texas3006.com claim on letter size of 30.06
Replies: 39
Views: 5703

Re: Chaz7138 on Texas3006.com claim on letter size of 30.06

...I don't read that in the law...46.035 says that we commit an offense if we INTENTIONALLY, KNOWINGLY, OR RECKLESSLY carry in a business that has a 51% permit...if it's not posted, the intentionally, knowingly, or recklessly haven't been met...

...any test cases to see how the prosecution handled those points?
by speedsix
Tue Jun 19, 2012 12:11 pm
Forum: General Texas CHL Discussion
Topic: Chaz7138 on Texas3006.com claim on letter size of 30.06
Replies: 39
Views: 5703

Re: Chaz7138 on Texas3006.com claim on letter size of 30.06

Scott in Houston wrote:
speedsix wrote:
OldCannon wrote:My understanding is that 30.06 was clearly specified so that the signage wouldn't have variations. Otherwise a business owner can claim a simple "gunbusters" sign is sufficient "intent", right?

...right, like a 51% sign ...the law is specific so that we know where we stand...it gives us a mark to hit...and when we hit it...we're safe...no moving the goalposts during the game...allowing any size lettering contrary to the specified size is just like writing us a ticket for doing 40 when it's posted 40 and telling us "well, we meant 30"...
And 51% means nothing if the TABC license says "gun sign=blue" but they put up the 51% anyway.

I see this a LOT! And TABC hasn't done squat about it. I've reported more than 5 locations.

...not surprised that THEY are sloppy...but that 51% sign is still for OUR protection...if we don't walk past one armed, they can't arrest us...and that's the reason I referred to it...without that 51% sign posted as the law says...we haven't broken the law...
by speedsix
Sun Jun 17, 2012 11:08 pm
Forum: General Texas CHL Discussion
Topic: Chaz7138 on Texas3006.com claim on letter size of 30.06
Replies: 39
Views: 5703

Re: Chaz7138 on Texas3006.com claim on letter size of 30.06

Oldgringo wrote:
speedsix wrote:...having spoken to one legislator who helped draft 30.06, I know that their intention was that we know EXACTLY where we stand...and be able to confidently follow the letter of the law...safely...

...as often happens...there are those more bold(foolhardy) who say to ignore the law...and those more timid who say to leave a lot of leeway and don't live by the letter of the law...neither have the benefit of the protection of the law as it was intended...to give those who want to restrict our carrying a mark to hit...if they don't hit it...we get to carry...if they do go to the trouble to follow the law...we don't...

...what's going to happen to us if WE fail to live up to the letter of the law...we're punished...
...my choice is that if THEY fail to live up to the letter of the law...they get ignored...
...and before he says it: CONCEALED IS CONCEALED...that's why we don't have test cases yet...
How'd you know I was gonna' say that? :woohoo
...like sunrise and sunset...and flies at a picnic!!!
by speedsix
Sun Jun 17, 2012 10:22 pm
Forum: General Texas CHL Discussion
Topic: Chaz7138 on Texas3006.com claim on letter size of 30.06
Replies: 39
Views: 5703

Re: Chaz7138 on Texas3006.com claim on letter size of 30.06

OldCannon wrote:My understanding is that 30.06 was clearly specified so that the signage wouldn't have variations. Otherwise a business owner can claim a simple "gunbusters" sign is sufficient "intent", right?

...right, like a 51% sign ...the law is specific so that we know where we stand...it gives us a mark to hit...and when we hit it...we're safe...no moving the goalposts during the game...allowing any size lettering contrary to the specified size is just like writing us a ticket for doing 40 when it's posted 40 and telling us "well, we meant 30"...
by speedsix
Sun Jun 17, 2012 9:54 pm
Forum: General Texas CHL Discussion
Topic: Chaz7138 on Texas3006.com claim on letter size of 30.06
Replies: 39
Views: 5703

Re: Chaz7138 on Texas3006.com claim on letter size of 30.06

...having spoken to one legislator who helped draft 30.06, I know that their intention was that we know EXACTLY where we stand...and be able to confidently follow the letter of the law...safely...

...as often happens...there are those more bold(foolhardy) who say to ignore the law...and those more timid who say to leave a lot of leeway and don't live by the letter of the law...neither have the benefit of the protection of the law as it was intended...to give those who want to restrict our carrying a mark to hit...if they don't hit it...we get to carry...if they do go to the trouble to follow the law...we don't...

...what's going to happen to us if WE fail to live up to the letter of the law...we're punished...
...my choice is that if THEY fail to live up to the letter of the law...they get ignored...
...and before he says it: CONCEALED IS CONCEALED...that's why we don't have test cases yet...

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