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Posted: 12/12/2005 9:01:10 PM EDT
I was traveling home from dallas to college station this morning when I pulled a retard move: speeding through a podunk town. I got lit up right before the speed limit changed from 50 to 70, just south of wortham. Officer comes up to the window asks for liscence and insurance, tells me he tagged me for 64 in a 50. He goes back to the cruiser w/ my info and is in there for a good 15 minutes, now im starting to think something is wrong. He comes back up to the window and asks if I have any weapons on me. I reply yes I do, I have a .357 revolver in my console and several knives. (I do not have my Concealed liscence yet.) He asks me to take my pocket knife out, lay it on the console, and step out of the vehicle. Now Im thinking Im screwed. He then asks me to do something I didnt quite understand at first. He said go over to the passenger side of my cruiser and get in. Now im starting to freak out, this is like some Texas chainsaw massacre type shit when Gunny was playing that crazy cop. So I get inside the cruiser very cautious of whats goin on now, heart pumping like crazy, mind on having to reach for my backup knife if necessary. (Clipped to my backpocket right beside my wallet.) He asks me if Im in some trouble back home. I reply no sir. He then tells me my DL is invalid, due to a suspension I received a year ago in College Station. The courts in College Station told me my liscence would be suspended for 3 months after my MIP of Alcohol, so I thought there wasnt any problem. Well apparently they keep re-suspending my liscence until I pay a bunch of bullshit fines or whatever, even though I already paid the initial fine. I know driving on a suspended is bad news and = jail time. He then asks me why I am carrying a gun. I reply that a new handgun law was instated Sept. 1 that allowed citizens w/o Concealed liscneces to carry in there car while traveling for protection. He kind of looked at me and said uh huh. Now the coolest thing ever happens: he calls in and is checking about how to write my ticket up on his cell phone to someone in austin (he said they dont have anything in their code about a juvenile suspended or something), and is also checking on the new handgun law. He gets off the phone and tells me I could take you to jail right now for your suspended, impound your vehichle, but I aint gonna do it. He tells me hes an A&M grad, and that taking me to jail for this offense could seriously damper my school career. He also says about the new handgun law that it is completley legal to carry if you are traveling over 2 counties to a specific destination w/ a specific purpose. (My car was all packed up with stuff from home.) He then lectured me for being ignorant and not taking care of my business at home and while driving, and let me go. SWEET.

The reason Im telling yall this story (and I know no one cares about my run ins w/ the law or ranting and all) is I joined in a cop bashing thread a couple weeks ago and said some stuff I really shouldnt have. Ive gotten some bullshit tickets from some shithead cops, but I got lucky when it came down to the serious offense. He let me go under circumstances any other cop probably wouldnt have, and I am very grateful. Also learned that the new handgun law is legit everywhere in Texas, except for Harris county, I havent heard if the DA is still ignoring the new law or not. Thanks for yalls time.
Link Posted: 12/12/2005 10:00:03 PM EDT
[Last Edit: 12/12/2005 10:00:35 PM EDT by astro]
The take-home message is don't drink when under age, and pay your fines. Maybe then your license won't get suspended.

Glad your attitude about LEOs has changed.
Link Posted: 12/12/2005 11:57:48 PM EDT
Where the hell is this "2 counties" crap in the P.C.? I thought the new law just said "travelling" without a definition.
Link Posted: 12/13/2005 3:35:54 AM EDT
[Last Edit: 12/13/2005 3:36:40 AM EDT by srt205]
Monk TX you are correct. Traveling is only defined as traveling.

Lazer80, the reason your DL is invalid is because you did not pay your re-instatment fee to the State. I am glad you have changed you views on us.

If you are under the age of 21, you can not carry a handgun in your vehicle legally anyway so you were lucky that you did not go to jail.

I am not trying to offend you but it seems that you need to take responsiblity for your actions and not blame us for stopping you when you violated the law. That is like blaming the gun industry for killing someone.

srt205


Link Posted: 12/13/2005 4:11:58 AM EDT
Sweet courtesy !!

An old BTO song comes to mind...Taken Care of Business.

Pay those fines and follow up on your record. It will only come back to bite you at the most inconvenient time, plus impact your college status or work...not a good thing.

Link Posted: 12/13/2005 5:24:13 AM EDT
He also says about the new handgun law that it is completley legal to carry if you are traveling over 2 counties to a specific destination w/ a specific purpose. (My car was all packed up with stuff from home.)

doesnt seem like if anything has changed from my thread here... yeah bringing that up again...

if you were not crossing two counties and simply coming home from work... the outsome might have been diffrent..


you mentioned the new law and he still qouted his interpitation of the old one..

Link Posted: 12/13/2005 5:57:55 AM EDT

Originally Posted By srt205:
If you are under the age of 21, you can not carry a handgun in your vehicle legally anyway so you were lucky that you did not go to jail.



Where is this age restriction listed? I couldn't find it anywhere in Chaper 46. I also couldn't find it in the new verbiage which elaborates a little more on traveling. I know you have to be 21 to get a CHL, but the closest thing I could find to an age restriction on general possession was in 46.13 where a child is defined as <17.
Link Posted: 12/13/2005 7:27:59 AM EDT
NO age restriction.

and the 2 county deal is BS too. It is an urban legend. SOME courts HAVE held that a person crossing 2 counties was traveling, but that was not an appleate court decision, and therefore is not case law.

Each case of traveling outside of the new presumtion is on a case by case basis.
Link Posted: 12/13/2005 8:25:02 AM EDT
90 day suspension?

that's weird. the statutory suspension under the TABC 106.071 is 30/60/180 days for 1st/2nd/3rd alcohol related offense.

and there is no reinstatement fee, that is only for ALR suspensions (DWI BT refusal/failure and DUI-Minor detectable amount)

call DPS at (512) 424-2600 and find out what the problem is with your DL. Also call the court.

the only thing I can think of is if you don't do the alcohol awareness class or alcohol related comunity service on time, the Judge could suspend your license for up to six months.

Also, a word to the wise, rely on the new law, HB 823, presumption of travelling, at your peril. People think it means it's OK to drive around with a handgun in your car (so long as concealed, you're not a gangsta and not violating the law aside from the "rules of the road").

I'm not sure that's exactly the case.

REMEMBER, YOU CAN BEAT THE RAP, BUT YOU CAN'T BEAT THE RIDE...........
Link Posted: 12/13/2005 9:10:43 AM EDT
Link Posted: 12/13/2005 9:26:08 AM EDT

Originally Posted By B2:
90 day suspension?

that's weird. the statutory suspension under the TABC 106.071 is 30/60/180 days for 1st/2nd/3rd alcohol related offense.

and there is no reinstatement fee, that is only for ALR suspensions (DWI BT refusal/failure and DUI-Minor detectable amount)

call DPS at (512) 424-2600 and find out what the problem is with your DL. Also call the court.

the only thing I can think of is if you don't do the alcohol awareness class or alcohol related comunity service on time, the Judge could suspend your license for up to six months.

Also, a word to the wise, rely on the new law, HB 823, presumption of travelling, at your peril. People think it means it's OK to drive around with a handgun in your car (so long as concealed, you're not a gangsta and not violating the law aside from the "rules of the road").

I'm not sure that's exactly the case.

REMEMBER, YOU CAN BEAT THE RAP, BUT YOU CAN'T BEAT THE RIDE...........



Sorry sir but you are wrong. You can get a suspension on your DL for an MIP conviction.

§ 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY
MINOR. (a) This section applies to an offense under Section
106.02, 106.025, 106.04, 106.05, or 106.07.
(b) Except as provided by Subsection (c), an offense to
which this section applies is a Class C misdemeanor.
(c) If it is shown at the trial of the defendant that the
defendant is a minor who is not a child and who has been previously
convicted at least twice of an offense to which this section
applies, the offense is punishable by:
(1) a fine of not less than $250 or more than $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both the fine and confinement.
(d) In addition to any fine and any order issued under
Section 106.115:
(1) the court shall order a minor placed on deferred
disposition for or convicted of an offense to which this section
applies to perform community service for:
(A) not less than eight or more than 12 hours, if
the minor has not been previously convicted of an offense to which
this section applies; or
(B) not less than 20 or more than 40 hours, if the
minor has been previously convicted once of an offense to which this
section applies; and
(2) the court shall order the Department of Public
Safety to suspend the driver's license or permit of a minor
convicted of an offense to which this section applies or, if the
minor does not have a driver's license or permit, to deny the
issuance of a driver's license or permit for:
(A) 30 days, if the minor has not been previously
convicted of an offense to which this section applies;
(B) 60 days, if the minor has been previously
convicted once of an offense to which this section applies; or
(C) 180 days, if the minor has been previously
convicted twice or more of an offense to which this section applies.
(e) Community service ordered under this section must be
related to education about or prevention of misuse of alcohol if
programs or services providing that education are available in the
community in which the court is located. If programs or services
providing that education are not available, the court may order
community service that it considers appropriate for rehabilitative
purposes.
(f) For the purpose of determining whether a minor has been
previously convicted of an offense to which this section applies:
(1) an adjudication under Title 3, Family Code, that
the minor engaged in conduct described by this section is
considered a conviction under this section; and
(2) an order of deferred disposition for an offense
alleged under this section is considered a conviction of an offense
under this section.
(g) In this section, "child" has the meaning assigned by
Section 51.02, Family Code.
(h) A driver's license suspension under this section takes
effect on the 11th day after the date the minor is convicted.
(i) A defendant who is not a child and who has been
previously convicted at least twice of an offense to which this
section applies is not eligible to receive a deferral of final
disposition of a subsequent offense.
Link Posted: 12/13/2005 10:27:28 AM EDT

Originally Posted By jadams951:

Sorry sir but you are wrong. You can get a suspension on your DL for an MIP conviction.




READ MY POST AGAIN CAREFULLY.

SHOW ME WHERE IT SAYS I SAID YOU CAN'T GET A DL SUSPENSION FOR AN MIP. IT DOESN'T. IT SAYS THAT YOU DO GET A SUSPENSION.

MY POINT WAS THAT YOU CAN'T GET A 90 DAY SUSPENSION, JUST 30, 60, OR 180, UNLESS IT WAS FOR FAILURE TO COMPLETE THE COURSE OR COMMUNITY SERVICE HOURS.
Link Posted: 12/16/2005 12:09:45 AM EDT
Jeezus...the only change in the law is that those retards in the legislature tried to "define" traveling.
This is ONLY a defense to prosecution.
The news media and others that have not actually read the statute started saying it was free carry of weapons.
NOT TRUE.
If you are carrying in Texas without a CHL you are subject to arrest. You may not be prosecuted but it will ruin your day.
I will give $100 to anyone that can show me where the Texas penal code says anything about 2 counties.
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if he intentionally, knowingly, or recklessly
carries on or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.
§ 46.15. NONAPPLICABILITY.
This is where the "traveling" definition is found.

Bottom line, I assume everyone is armed. If I don't see your weapon and you are a law abiding type, I have no reason to suspect you of a crime or arrest you.....I should never know that you have a gun.
I have no problem with good folks being armed, they are not the types that are going to shoot me.
Just don't be fooled by misinformation.
There is no "free" carry law in Texas.
Link Posted: 12/16/2005 3:32:08 AM EDT
[Last Edit: 12/16/2005 3:40:33 AM EDT by Bulldawg]

Originally Posted By Mack2604:

This is ONLY a defense to prosecution.

/snip

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if he intentionally, knowingly, or recklessly
carries on or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.
§ 46.15. NONAPPLICABILITY.





This is where the "traveling" definition is found.


This is also where it says in plain English that this law is NONAPPLICABLE to those who are traveling, not just a defense to prosecution as it once was. The language in the Penal Code is clear, and the intent of further defining 'traveling' was made very clear by the author of the updated legislation, Rep. Terry Keel, in a press release regarding the bill:


In plain terms, a law-abiding person should not fear arrest if they are transporting a concealed pistol in a motor vehicle. There is no longer the need for a law enforcement officer to apply a subjective definition of what constitutes “traveling” where the citizen is cloaked with the presumption per the terms of the new statute. Under those circumstances the citizen should be allowed to proceed on their way.

Link Posted: 12/17/2005 7:19:21 PM EDT

Originally Posted By srt205:
Monk TX you are correct. Traveling is only defined as traveling.

Lazer80, the reason your DL is invalid is because you did not pay your re-instatment fee to the State. I am glad you have changed you views on us.

If you are under the age of 21, you can not carry a handgun in your vehicle legally anyway so you were lucky that you did not go to jail.

I am not trying to offend you but it seems that you need to take responsiblity for your actions and not blame us for stopping you when you violated the law. That is like blaming the gun industry for killing someone.

srt205





i am 21 now...and was when i got pulled over this past week...the handgun wasnt an issue i was scared of.. it was goin to jail for suspended liscence...and how i got my MIP is a rediculous story as well, that should have not ended up in me being fined
Link Posted: 12/17/2005 7:20:44 PM EDT

Originally Posted By MonkTx:
Where the hell is this "2 counties" crap in the P.C.? I thought the new law just said "travelling" without a definition.



that just what the LEO told me, although he didnt seem to concerned when i told him i had a handgun and didnt have my concealed...this was a pretty country ass town tho
Link Posted: 12/17/2005 7:34:29 PM EDT

Originally Posted By B2:

Originally Posted By jadams951:

Sorry sir but you are wrong. You can get a suspension on your DL for an MIP conviction.




READ MY POST AGAIN CAREFULLY.

SHOW ME WHERE IT SAYS I SAID YOU CAN'T GET A DL SUSPENSION FOR AN MIP. IT DOESN'T. IT SAYS THAT YOU DO GET A SUSPENSION.

MY POINT WAS THAT YOU CAN'T GET A 90 DAY SUSPENSION, JUST 30, 60, OR 180, UNLESS IT WAS FOR FAILURE TO COMPLETE THE COURSE OR COMMUNITY SERVICE HOURS.



thats exactly what happened in my case...i got lazy for the first part...then told myself that i didnt want to pay 30 bucks for a damn class to tell em to stop drinkin..so i didnt complete the course adn got a 90 day... but i didnt realize that it continued until u paid a fee
Link Posted: 12/17/2005 9:07:58 PM EDT
exactly like I said. Apparently I do know shit..........and the "JBT" doesn't
Link Posted: 12/23/2005 2:46:13 AM EDT
Actually, because your DL was suspended, the UCW charge would have been good. DWLI is a Class B offense, so you loose the "protection" of the new law. Just FYI.

Andrew
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