Utah CHL Instructor Story on WFAA

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The Annoyed Man
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Re: Utah CHL Instructor Story on WFAA

#106

Post by The Annoyed Man »

sjfcontrol wrote:Wow -- TAM, I'm lost. Maybe I just don't have the concentration power this morning to understand such a long and complex (at least to me) post.

I don't think I was arguing against what you were talking about. I only mentioned that I thought those who were arguing that Texas residents should not be allowed to carry in Texas on Utah licenses, while allowing non-Texas residents to carry in Texas on Utah licenses, are arguing for a very strange situation. (Were you making that argument?) I said nothing about having both Texas and Utah licenses.

That having been said, I DO believe there are valid situations where Texas residents licenses may be rejected, suspended or revoked for either temporary or trivial reasons. Under those conditions it seems to me carrying in Texas under a Utah license is understandable. I am not advocating getting a Utah license to bypass a Texas license because it's easier, faster or cheaper.

For example, this weekend I met a gentleman who feared he could not renew his Texas license, because FIVE YEARS AGO, he was charged with 42.01(a)(1) (Disorderly Conduct, abusive language). He's been trying every since then to get the case to court to fight it, but Class C misdemeanors are SLOW to get to trial. He claims the charge is baseless. But he'd have to report it on his renewal app, and that is the only Class C misdemeanor (42.01) that can remove his eligibility. What are his options?

And I've stated before, people can have their Texas licenses suspended or revoked for such things as not reporting their change of address soon enough, or for being CHARGED with serious crimes before those charges are proven or disproven in court.
I think that Charles very clearly stated my own position in the above post. In a nutshell, I'm not saying I want the status quo to change, and I think that most people on this board would agree with that. But I am saying that the irresponsible actions of a few are going to wreck things for the rest of us - and so I suppose the rest of my remarks were really adressed more to them, than to you, and I apologize for the confusion. But in that light, I think that defending those people who cynically sell CFP classes as an end around is, in itself, indefensible for the reasons outlined in my previous post. So if you're not of that mind, then what I said doesn't apply to you, and again, I apologize for the confusion.

Regarding the gentleman you mentioned, I am of two minds. On the one hand, that does seem a long time to have to deal with an abusive language charge, particularly if the charge is baseless. And it is baseless, then the net effect on his CHL privileges is unfair. On the other hand, and meaning no disrespect toward him or you, but everybody claims innocence. If the trial's finding of fact is that he was in fact abusive in the expression of his First Amendment, then how do we know he won't be so in the expression of his Second Amendment? That's the problem with legal definitions like "abusive." What I might mean in good humor with no malice, you might take as abusive. It's a subjective definition with a constantly shifting data point. And, it's one thing if I verbally abuse you by calling you a profane name, and it's another thing entirely if I am verbally, psychologically, abusive of my wife or child. What are the facts in your friend's case?
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Re: Utah CHL Instructor Story on WFAA

#107

Post by sjfcontrol »

The Annoyed Man wrote: I think that Charles very clearly stated my own position in the above post. In a nutshell, I'm not saying I want the status quo to change, and I think that most people on this board would agree with that. But I am saying that the irresponsible actions of a few are going to wreck things for the rest of us - and so I suppose the rest of my remarks were really adressed more to them, than to you, and I apologize for the confusion. But in that light, I think that defending those people who cynically sell CFP classes as an end around is, in itself, indefensible for the reasons outlined in my previous post. So if you're not of that mind, then what I said doesn't apply to you, and again, I apologize for the confusion.

Regarding the gentleman you mentioned, I am of two minds. On the one hand, that does seem a long time to have to deal with an abusive language charge, particularly if the charge is baseless. And it is baseless, then the net effect on his CHL privileges is unfair. On the other hand, and meaning no disrespect toward him or you, but everybody claims innocence. If the trial's finding of fact is that he was in fact abusive in the expression of his First Amendment, then how do we know he won't be so in the expression of his Second Amendment? That's the problem with legal definitions like "abusive." What I might mean in good humor with no malice, you might take as abusive. It's a subjective definition with a constantly shifting data point. And, it's one thing if I verbally abuse you by calling you a profane name, and it's another thing entirely if I am verbally, psychologically, abusive of my wife or child. What are the facts in your friend's case?

TAM -- It sounds like we are of like mind, then, in most of this. I agree whole-heartedly with the your first paragraph above.

As far as my "friend" -- I wouldn't classify him as such, just somebody I happened to meet, and listened to his story. I have no idea whether he's actually innocent or not. All I know is what he told me. But even assuming he's guilty (and I'm not saying he is, either), is it really justifiable to remove somebodies self-defense rights because he cussed somebody out? That statute also covers gestures, too -- so giving somebody (who deserves it!) the finger in traffic can result in the revocation of your CHL? Note that I would have FAR less objection if this restriction were restricted to 42.01(7) and (8), which deal with the actual mishandling of firearms. Instead, it includes all this stupid stuff that probably shouldn't be illegal at all, frowned upon in polite society, sure, but not illegal. After all, not everything that makes us uncomfortable needs to be illegal.

And I do take exception (respectfully) to your comment about "abusing the 1st may imply abusing the 2nd" (paraphrased). Firstly, I'm not sure I'd call cussing someone out "abusing the first amendment" -- not exactly like shouting 'FIRE" in a crowded theater! But anyway, seems to me that the "1st v 2nd" argument points back to the arguments that people will start shootouts in the streets over parking places. Most of us get angry at various times. And are subject to 'impolite' behavior. But most have enough self-control NOT to resort to gunplay just because they've been called a dirty word. (Actually, phrased that way, its more likely the cuss-ee, rather than the cuss-or that would react with gunplay.)
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Re: Utah CHL Instructor Story on WFAA

#108

Post by GrillKing »

Charles L. Cotton wrote:I have to admit that I've had fun sparring intellectually on the Utah issue, but I want to clear up a growing misconception I believe is taking place.

1. I don't want to see any change in Texas law regarding licenses issued by Utah or any other state;
2. I don't want to see Texans prohibited from carrying a handgun in this state under the authority of a license issued by any other state;
3. I don't think there is any credible evidence that persons carrying a handgun in Texas under the authority of a license issued by another state pose any threat to our citizens;

When I started warning of the perceived "Utah problem" months ago, I clearly stated this was a growing perception in Austin among a growing number of Texas Legislators. I have also repeatedly stated that I do not want the Legislature to intervene because I prefer that we instructors police ourselves through peer pressure and that the public shun people who advertise irresponsibly.

The simple and sad truth is this; the Utah CFP has become an issue because one single instructor and shooting range started aggressively advertising that the Utah CFP is "bigger, better, faster, cheaper and easier" than a Texas CHL. In so doing, they infuriated a very powerful and politically active person in their county and this person started making calls to legislators. These range owners would not listen when warned that this was causing a growing political problem and to please change their advertising. (They weren't asked to stop teaching the Utah course, simply change the advertising.) A few more Utah instructors saw these advertisements and started advertising their classes in the same fashion, or worse.

Were it not for irresponsible advertising by a very few but vocal instructors, the Utah CFP would be a non-issue.

I didn't start this issue; TSRA/NRA didn't start this issue. It began as the advertising campaign of one person/range and it is growing like a cancer. I respect my fellow TexasCHLmembers and I respect your opinions on this and other issues. But I suggest that it is time to stop the bantering about the "Utah problem," fun though it may be, and focus our efforts on solving the problem without intervention by the legislature. If we don't, we'll have a fight on our hands in 2011.

Chas.

Perfect! Agreed. It's within our community to fix or we may get 'help' we don't want. I may change my mind if gangs of Utah permit holders start shooting it up all over Texas :lol: , but for now, "There's nothing to see here folks".

Edited for spelling!

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Re: Utah CHL Instructor Story on WFAA

#109

Post by GrillKing »

Keep in mind there are advantages to a Texas issued CHL (besides better education on Texas statutes). With Utah only, technically, you are not covered while carrying within 1000' of school premises, so pretty much anywhere you drive you will be in technical violation of federal law. Granted, the chances of enforcement are near zero, but.....
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Re: Utah CHL Instructor Story on WFAA

#110

Post by tacticool »

GrillKing wrote:Keep in mind there are advantages to a Texas issued CHL (besides better education on Texas statutes). With Utah only, technically, you are not covered while carrying within 1000' of school premises, so pretty much anywhere you drive you will be in technical violation of federal law. Granted, the chances of enforcement are near zero, but.....
Same as people who rely on the Motorist Protection Act.
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Re: Utah CHL Instructor Story on WFAA

#111

Post by GrillKing »

tacticool wrote:
GrillKing wrote:Keep in mind there are advantages to a Texas issued CHL (besides better education on Texas statutes). With Utah only, technically, you are not covered while carrying within 1000' of school premises, so pretty much anywhere you drive you will be in technical violation of federal law. Granted, the chances of enforcement are near zero, but.....
Same as people who rely on the Motorist Protection Act.
Agreed. I'm all for Texans who are OK with MPA carry doing so, I'm OK with those that want Utah permits doing so, I just think they should make informed decisions. I don't have and probably won't get one (don't need it, Texas covers me for what I need and where I travel), but for those that want it or need it go for it. I just hope the collective "we" can be smart about how we appear to the rest of the state (media, etc) and not end up shooting ourselves in the foot with strategies that a few Utah instructors have put in place, personal gain that potentially caves in on itself and ruins it for the good Utah instructors and their students.
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Re: Utah CHL Instructor Story on WFAA

#112

Post by baldeagle »

Charles L. Cotton wrote:I didn't start this issue; TSRA/NRA didn't start this issue. It began as the advertising campaign of one person/range and it is growing like a cancer. I respect my fellow TexasCHLmembers and I respect your opinions on this and other issues. But I suggest that it is time to stop the bantering about the "Utah problem," fun though it may be, and focus our efforts on solving the problem without intervention by the legislature. If we don't, we'll have a fight on our hands in 2011.

Chas.
Any suggestions on how we might do that? What can the average CHL holder or applicant do to advance the cause of self-policing this issue so that the legislature doesn't feel the need to intervene?
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Re: Utah CHL Instructor Story on WFAA

#113

Post by baldeagle »

sjfcontrol wrote:And I find it interesting that people are considering preventing Texas Residents from carrying on an out-of-state license, that would be valid for the out-of-state residents to use in Texas. So here we would have an activity that is legal for Non-Texas residents to do in Texas, but illegal for Texas residents to do in Texas. That seems perverse to me. (You can do it here only if you're not from here?? -- Very odd!)
In the world of argument, this is what is known as a straw man. No one (AFAIK) has argued that Texas residents should be banned from carrying out of state licenses. The argument is that they should not be allowed to get a out of state license in lieu of a Texas CHL. And the only reason that is even being suggested is because of political realities.

I think the Annoyed Man put it best; out of state licenses should be an enhancement to a person's right to carry not a substitution for or end run around getting a Texas CHL.

Furthermore, you must always keep in mind that many of us are arguing not from our personal beliefs but from the cold stark political realities that we face. There are many many people in America that think you should not be allowed to own weapons at all. Some of them are very politically powerful and influential. Therefore it behooves us to work through the system patiently and continuously to sway public opinion to our side.

What we are discussing here is trying to limit the damage caused by one of our own so that we don't lose even more rights than we already have lost.
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Re: Utah CHL Instructor Story on WFAA

#114

Post by sjfcontrol »

baldeagle wrote:
sjfcontrol wrote:And I find it interesting that people are considering preventing Texas Residents from carrying on an out-of-state license, that would be valid for the out-of-state residents to use in Texas. So here we would have an activity that is legal for Non-Texas residents to do in Texas, but illegal for Texas residents to do in Texas. That seems perverse to me. (You can do it here only if you're not from here?? -- Very odd!)
In the world of argument, this is what is known as a straw man. No one (AFAIK) has argued that Texas residents should be banned from carrying out of state licenses. The argument is that they should not be allowed to get a out of state license in lieu of a Texas CHL. And the only reason that is even being suggested is because of political realities.

I think the Annoyed Man put it best; out of state licenses should be an enhancement to a person's right to carry not a substitution for or end run around getting a Texas CHL.

Furthermore, you must always keep in mind that many of us are arguing not from our personal beliefs but from the cold stark political realities that we face. There are many many people in America that think you should not be allowed to own weapons at all. Some of them are very politically powerful and influential. Therefore it behooves us to work through the system patiently and continuously to sway public opinion to our side.

What we are discussing here is trying to limit the damage caused by one of our own so that we don't lose even more rights than we already have lost.
Nope -- not at all. People were arguing that residents of Texas not be allowed to carry in Texas on an out-of-state license. That when a person moved into the state (from wherever), they have a period of time to acquire a Texas CHL, during which time their out-of-state license would be valid. After that time expired, the out-of-state license would be invalid. For instate people, the out-of-state license would NEVER be valid in-state. Of course it would still be valid in the originating state, or any other state that recognized it. That IS in lieu of a texas CHL. If they have a Texas CHL, the Utah CHL is useless in Texas -- unless, of course, they lose the Texas CHL.

Not a straw argument at all.
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Re: Utah CHL Instructor Story on WFAA

#115

Post by Cobra Medic »

baldeagle wrote:In the world of argument, this is what is known as a straw man.

You said a mouthful.
baldeagle wrote:The argument is that they should not be allowed to get a out of state license in lieu of a Texas CHL.
The counter argument is equal protection. Texas should accept Utah licenses or not accept Utah licenses. If John is not not allowed to get a out of state license in lieu of a Texas CHL to carry in Texas, then Mike should not be allowed to get a out of state license in lieu of a Texas CHL to carry in Texas. Discrimination based on John's and Mike's religion or state of residence is bigoted and reprehensible.
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Re: Utah CHL Instructor Story on WFAA

#116

Post by baldeagle »

Cobra Medic wrote:The counter argument is equal protection. Texas should accept Utah licenses or not accept Utah licenses. If John is not not allowed to get a out of state license in lieu of a Texas CHL to carry in Texas, then Mike should not be allowed to get a out of state license in lieu of a Texas CHL to carry in Texas. Discrimination based on John's and Mike's religion or state of residence is bigoted and reprehensible.
I don't think the decision is binary.

Some have suggested the corollary of drivers licenses, which makes a great deal of sense to me (if we are forced to give up some of our present rights.) If you live in Maine, you can drive in Texas with a Maine license for as long as you like, so long as your residence remains in Maine. If you move to Texas, you have six months to obtain a Texas drivers license or you may be subject to fines if caught. If the legislature decides, due to the publicity surrounding the so-called Utah loophole, that they must do something, then I would suggest that this solution is the least abusive of our rights.
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CollinLeon
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Re: Utah CHL Instructor Story on WFAA

#117

Post by CollinLeon »

What some people fail to understand was that the Texas CHL process is just a stopgap in our struggle to have our full 2nd Amendment rights restored to us. The Texas Legislature has its share of liberals who would vote against any pro-2nd-Amendment legislation. It also has its share of 'progressives' who will vote whichever way the tide is flowing. They are afraid of standing up for what is RIGHT and repealing all the anti-2nd-Amendment 'laws' that we were saddled with after the War of Northern Aggression. The Texas CHL was one way in which we could start getting back our 2nd Amendment rights, one small bite at a time. The ultimate goal is a complete restoration of our 2nd Amendment rights where there are no laws saying what, when, where, or how we can carry any firearm. Hopefully, I will live long enough to see this goal achieved. We should not be complaining about the Utah CHL, we should be welcoming it since it has gone further towards the restoration of Utah's 2nd Amendment rights than our legislature has the balls to do.

People argue about "Texas-specific" or "Utah-specific" laws related to firearms. This is total bull. From a practical standpoint, does it really matter if one state says that you cannot carry it in a church, bar, or wherever and another state says that it is ok? As long as it is concealed and you do not have to use it, no one is going to know the difference. If you do have to use it, it better be justified and as such, are you really concerned what the law might say since your life is already in danger?
Last edited by CollinLeon on Sun Jun 27, 2010 9:27 pm, edited 1 time in total.
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Re: Utah CHL Instructor Story on WFAA

#118

Post by KFP »

CollinLeon wrote:War of Northern Aggression
x2

hmm...
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Re: Utah CHL Instructor Story on WFAA

#119

Post by jester »

baldeagle wrote:I don't think the decision is binary.
Why not? Either the Utah license has a strict enough background check, et cetera, or it doesn't. All the rest is noise.
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Re: Utah CHL Instructor Story on WFAA

#120

Post by albertson »

I love the fact that people in Texas carry. The more carriers, the safer. Since the 2nd amendment isn't an adequate carry permit, I'm in favor of anything that makes it easier for a Texan to carry. Antagonizing political hacks with the Utah license is a bad idea.
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