Arlington Parks Mall Shooting
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Re: Arlington Parks Mall Shooting
I live about 5 miles from this mall. Wasn’t surprised to hear about this shooting. We go inside 3-4 times a year. More often go into the stores with direct outside access. Would never go there after dark.
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Re: Arlington Parks Mall Shooting
As to whether or not 18-20yr olds can lawfully carry in Texas, I have fingerprinted a number of them for their LTCs, and one was open carrying sans license when I fingerprinted him. My understanding is that 18-20yr olds carrying without a license must open carry. Does that sound right?
On a related subject, some months ago I fingerprinted an assistant prosecutor for Dallas County, who told me that they had successfully prosecuted several otherwise law-abiding adult citizens for carrying in a non-prescribed manner without a license. I don’t know if it’s true or not…and I honestly don’t care…but he said that permitless carry required the use of either a belt holster or a shoulder holster, and the accused in these cases were not using either when they got popped.
I need to review the law to see what it says.
On a related subject, some months ago I fingerprinted an assistant prosecutor for Dallas County, who told me that they had successfully prosecuted several otherwise law-abiding adult citizens for carrying in a non-prescribed manner without a license. I don’t know if it’s true or not…and I honestly don’t care…but he said that permitless carry required the use of either a belt holster or a shoulder holster, and the accused in these cases were not using either when they got popped.
I need to review the law to see what it says.
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Re: Arlington Parks Mall Shooting
I don't know whether it's a requirement for 18-20 year olds to open carry, but I know a federal judge ruled Texas law prohibiting them from open carrying without an LTC to be unconstitutional. The open carry law requires a belt holster or shoulder holster AFAIK.The Annoyed Man wrote: ↑Tue Jan 02, 2024 9:52 am As to whether or not 18-20yr olds can lawfully carry in Texas, I have fingerprinted a number of them for their LTCs, and one was open carrying sans license when I fingerprinted him. My understanding is that 18-20yr olds carrying without a license must open carry. Does that sound right?
On a related subject, some months ago I fingerprinted an assistant prosecutor for Dallas County, who told me that they had successfully prosecuted several otherwise law-abiding adult citizens for carrying in a non-prescribed manner without a license. I don’t know if it’s true or not…and I honestly don’t care…but he said that permitless carry required the use of either a belt holster or a shoulder holster, and the accused in these cases were not using either when they got popped.
I need to review the law to see what it says.
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Re: Arlington Parks Mall Shooting
I'm thoroughly confused. Which means I'm starting off 2024 just like I ended 2023.puma guy wrote: ↑Tue Jan 02, 2024 10:15 amI don't know whether it's a requirement for 18-20 year olds to open carry, but I know a federal judge ruled Texas law prohibiting them from open carrying without an LTC to be unconstitutional. The open carry law requires a belt holster or shoulder holster AFAIK.The Annoyed Man wrote: ↑Tue Jan 02, 2024 9:52 am As to whether or not 18-20yr olds can lawfully carry in Texas, I have fingerprinted a number of them for their LTCs, and one was open carrying sans license when I fingerprinted him. My understanding is that 18-20yr olds carrying without a license must open carry. Does that sound right?
On a related subject, some months ago I fingerprinted an assistant prosecutor for Dallas County, who told me that they had successfully prosecuted several otherwise law-abiding adult citizens for carrying in a non-prescribed manner without a license. I don’t know if it’s true or not…and I honestly don’t care…but he said that permitless carry required the use of either a belt holster or a shoulder holster, and the accused in these cases were not using either when they got popped.
I need to review the law to see what it says.
In the Penal Code only mention of a shoulder or belt holster comes in Section 46.15 "Nonapplicability" (r)(1), which applies specifically to first responders. Though I have to admit that the current display of the statutes (https://statutes.capitol.texas.gov/Docs ... /PE.46.htm) is a bit convoluted to understand because we have entire subsections shown that were effective through December 31, 2023, and subsequent sections that took effect as of yesterday. Makes it hard to match up what is current and what isn't.
Does anybody know where we'll eventually be able to get current Penal and Government Codes without all the "added by," "amended by," "redesignated from," and "repealed by" stuff?
"Holster" is not specifically defined in PC 46, PC 30, or in GC 411.
PC 46.02 seems to indicate to me that Constitutional carry (meaning no license) is not an option for anyone under 21 years of age unless on their own premises, inside or en route to/from their vehicle or watercraft (and inside the vehicle the handgun, if in plain view, must be carried in a holster of some sort and the person must have an LTC). That would be 46.02(3)(B)(a-1)(1) which includes: "A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster..."
I've already gone cross-eyed from trying to piece together all the "amended by" and "repealed by" modifications. Can someone point me to relevant statute(s) that say unlicensed, Constitutional carry includes 18 to 20 year olds?
Edited to add: Found a Texas Tribune article from August 2022 that looks like it's about the challenge to the 18-20 issue: https://www.texastribune.org/2022/08/25 ... -handguns/. A PDF of the entire ruling from August 25, 2002 is here: https://static.texastribune.org/media/f ... McCraw.pdf.
The ruling was in favor of the plaintiffs, however the injunction was stayed "for thirty days, or pending appeal, for the duration of the appellate process."
I Googled the case number, 4:21-cv-01245-P, but not a lot of results. Could it be that the state was still in the appeal process during the 2023 legislative session and that's why there seem to be no modifications of the statutes to accommodate this? Yeah; I'm still confused.
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Re: Arlington Parks Mall Shooting
I pulled up information from a law firm to make my post about the federal judge's decision on 18-20 year old carry (I'll try to find it again). The state stated it would not appeal, so the ruling more or less nullifies the legal restrictions for lack of a better term. Someone who speaks legalese may chime in with a better explanation or legal term for it.Rafe wrote: ↑Tue Jan 02, 2024 2:47 pmI'm thoroughly confused. Which means I'm starting off 2024 just like I ended 2023.puma guy wrote: ↑Tue Jan 02, 2024 10:15 amI don't know whether it's a requirement for 18-20 year olds to open carry, but I know a federal judge ruled Texas law prohibiting them from open carrying without an LTC to be unconstitutional. The open carry law requires a belt holster or shoulder holster AFAIK.The Annoyed Man wrote: ↑Tue Jan 02, 2024 9:52 am As to whether or not 18-20yr olds can lawfully carry in Texas, I have fingerprinted a number of them for their LTCs, and one was open carrying sans license when I fingerprinted him. My understanding is that 18-20yr olds carrying without a license must open carry. Does that sound right?
On a related subject, some months ago I fingerprinted an assistant prosecutor for Dallas County, who told me that they had successfully prosecuted several otherwise law-abiding adult citizens for carrying in a non-prescribed manner without a license. I don’t know if it’s true or not…and I honestly don’t care…but he said that permitless carry required the use of either a belt holster or a shoulder holster, and the accused in these cases were not using either when they got popped.
I need to review the law to see what it says.
In the Penal Code only mention of a shoulder or belt holster comes in Section 46.15 "Nonapplicability" (r)(1), which applies specifically to first responders. Though I have to admit that the current display of the statutes (https://statutes.capitol.texas.gov/Docs ... /PE.46.htm) is a bit convoluted to understand because we have entire subsections shown that were effective through December 31, 2023, and subsequent sections that took effect as of yesterday. Makes it hard to match up what is current and what isn't.
Does anybody know where we'll eventually be able to get current Penal and Government Codes without all the "added by," "amended by," "redesignated from," and "repealed by" stuff?
"Holster" is not specifically defined in PC 46, PC 30, or in GC 411.
PC 46.02 seems to indicate to me that Constitutional carry (meaning no license) is not an option for anyone under 21 years of age unless on their own premises, inside or en route to/from their vehicle or watercraft (and inside the vehicle the handgun, if in plain view, must be carried in a holster of some sort and the person must have an LTC). That would be 46.02(3)(B)(a-1)(1) which includes: "A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster..."
I've already gone cross-eyed from trying to piece together all the "amended by" and "repealed by" modifications. Can someone point me to relevant statute(s) that say unlicensed, Constitutional carry includes 18 to 20 year olds?
Edited to add: Found a Texas Tribune article from August 2022 that looks like it's about the challenge to the 18-20 issue: https://www.texastribune.org/2022/08/25 ... -handguns/. A PDF of the entire ruling from August 25, 2002 is here: https://static.texastribune.org/media/f ... McCraw.pdf.
The ruling was in favor of the plaintiffs, however the injunction was stayed "for thirty days, or pending appeal, for the duration of the appellate process."
I Googled the case number, 4:21-cv-01245-P, but not a lot of results. Could it be that the state was still in the appeal process during the 2023 legislative session and that's why there seem to be no modifications of the statutes to accommodate this? Yeah; I'm still confused.
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
Re: Arlington Parks Mall Shooting
https://news.yahoo.com/dallas-police-hu ... 52233.html
Was there a second Mall shooting in Dallas around Christmas?
This doesn’t sound like this mall shooting in Dallas.
These guys are well armed. Murdered two people.
Police release video of this Dallas Mall shooting.
Crazy.
Was there a second Mall shooting in Dallas around Christmas?
This doesn’t sound like this mall shooting in Dallas.
These guys are well armed. Murdered two people.
Police release video of this Dallas Mall shooting.
Crazy.
Re: Arlington Parks Mall Shooting
The shooting in ARLINGTON was the mall. This shooting you refer to in DALLAS was in a shopping center not a mall.philip964 wrote: ↑Thu Jan 25, 2024 7:56 pm https://news.yahoo.com/dallas-police-hu ... 52233.html
Was there a second Mall shooting in Dallas around Christmas?
This doesn’t sound like this mall shooting in Dallas.
These guys are well armed. Murdered two people.
Police release video of this Dallas Mall shooting.
Crazy.