User Panel
Posted: 5/19/2003 10:03:25 AM EDT
Been seeing a lot of gatherings and such. Lunches, shoots, dinners, Hun farm event. So do I just show up and say hi? How will I know whom to say hi to?
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Just show up at one of the gatherings and ask, "I'm looking for the DFW Crew", that's all there is to it. Also, if you like, get your contact info to Bung and he will put you on the Texas Contacts roster.
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Yep, just show up and say hi.
For the gun show lunches, we usually meet at a certain spot, and any thread will show that spot. Contact bung with your info, and h'll get you on the list. Welcome TXL |
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Holy sh!t. Is it this weekend? |
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Yeah... what he said... PS: I have lots of 9mm... hehe |
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if you are thinkin about going to an ETH shoot, i'd wait till july 4th, (more people are going then) or go to the memorial day weekend one, and the july 4th one.
check in with ETH first though! |
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Be sure to wear your ATF shirt. You "work" with FALARAK, right?
Fed? |
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How do you know more are going on July 4? Looks like more people are committed to this weekend, but you never know. PS: Did you guys ever find the definition you claimed was in Chapter 46 of the TX penal code? (hint: its not there) |
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Where you arguing with Cit's dad ? |
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he says when he gets to it, he'll look it up. its not high on his priority list. ofcourse arguing with a 15yr veteran of the Houston Police Dept. isnt the brightest thing...but i'll bring you the penal code on the 4th if your up there. someone mentioned that more peeps would be up on the 4th anyway. plus there always is more people on the forth. plus fireworks!!! yeah i cant wait! |
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Just because he's a 15yr veteran does not mean he has every law memorized exactly as written-- I wouldn't expect him to anyway. As for Ch46 of the TX penal code: already have a copy-- (it still hasn't changed) -- no definition of the word. |
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Not really arguing, just want to know where to find the definition of the word. I know its not in the Penal Code (they keep telling me it is), but I would really like to know where to find it. Someone once said it was defined in case law, but where to begin searching there....? |
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If you want to come to the Hun Farm that is all the requirements that need be met!
We need all the friends we can get - we seem to lose a few every time we go to the Hun Farm! OK, OK, I'm just kidding! Tannerite is NOT THAT DANGEROUS! Eric The(ComeOnDown!)Hun |
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007, it looks like you got the official invitation, it don't get any more golden than that.
If you can get free fri sat sun or mon, make the trip, quickest way to meet most of the folks, in an environement that we're friendliest. If you interested, let us know, Most of us can get you directions. Hope to meet/see ya there. TXL |
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I need directions. (Unless we're caravaning, in which case, just tell me where to meet up) |
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All the Texas statues can be found here: www.capitol.state.tx.us/statutes/statutes.html You can access the search function from that page. What word are you trying to find the definition of? I have access to Lexis-Nexis. Where is the Hun's farm located? I doubt I can go this weekend unless it's not too far from Dallas as Sunday is my wife's birthday. |
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Yes, I know where the TX statutes can be found. They can also be found on various legal sites, but I go to the source: which happens to be the link you listed above. The word "travelling" seems to be one of those terms which is not clearly defined in the TX Penal code (Ch. 46), which applies to concealing a handgun. Citbria & dad seem to think it is defined in the TX penal code, but I have yet to find it (since its not really there). They believe that it is defined as crossing three county lines-- I've heard this before, but it can never be confirmed in the statutes I have searched. On another thread a while back, someone mentioned that maybe case-law has defined this (I think it was jadams(?) in Austin, or was it johninaustin?? I forget.), but I can never find where to look this information up... |
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Actually your right and wrong at the same time. since his retirment in 1995 the law has changed. your right the 3 counties are not there. It did used to be there and i can show you that since one of the law books he has is from 95. but it has been removed. now it reads that you may carry if you are going to certain places. IE: gunshows, shooting range, and back home. But carrying it without a Concealed weapon permit is still illeagle weither its one county or from here to san antonio. hope that was clear enough...if its not, i'll tell him to write a responce in his own words. |
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Jadams951 is in houston Caselaw is what counts in court. when i get more info i will post it. but like i said, your not on dad's priority list. lol i know my other responce was probably confusing but i'll find out other information later. |
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I think it might be found on either the DPS site or the Attorney General's site in the form of an AG opinion. The definition of "travelling" as it has been explained to me is when crossing 2 or more county lines and staying over night. Travelling and carrying a large sun of cash are still affirmative defenses for carrying concealed in Texas. The CHL law did not repeal those. BTW, a "large sum of cash" is a relative term. There is no defined amount. There was a case in Waco where a homeless guy got off because he was carrying $5! For him $5 was a large sum of cash. It seems the Hun's farm location is some kind of secret as I've asked the question as well as seen others ask but have yet to see an answer... how about what county is it in? |
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Thanx for the invite Eric. However, I must respectfully bow out this go around. I have family coming.
As far as the pics. I have been lurking here long enough to know not to post one lest I plan on having a pic of me in a pink tutu. I will try to make it at the next gunshow. Seems like you guys are a great bunch. I look forward to meeting ya'll |
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I am not really asking him for the response: I am asking you. You both stated it was there and clearly defined within the TX Penal Code. I stated it was not. I don't care what the law books stated 8+ years ago. We were talking about now and within the past couple years... A lot can change since then. I've heard several variants of the 2+ county rule. 1. 3 county lines 2. 2 or more county lines 3. 2/3 county lines, must stay overnight 4. Only if you have a large sum of cash, which might also be considered drug money since they cops can say whatever they like... 5. Must be going directly to a place where the firearm will be usd legally, i.e. shooting range, gun store, etc. 6. etc. etc. ...each cop has his own opinion of what the law is, which is why I would like to know EXACTLY who is right. |
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Actually, I looked it up just now, and you are incorrect about how it reads as of today. It still reads pretty much the same as I was thinking. Let me show you: 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 (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers and neither section prohibits a peace officer from carrying a weapon in this state, regardless of whether the officer is engaged in the actual discharge of the officer's duties while carrying the weapon; (2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and (B) authorized to carry a weapon under Section 76.0051, Government Code; or (4) a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code. (b) Section 46.02 does not apply to a person who: Text of subd. (1) as added by Acts 1997, 75th Leg., ch. 1221, 4 (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as an employee of a penal institution who is performing a security function; Text of subd. (1) as added by Acts 1997, 75th Leg., ch. 1261, 28 (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution; (2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5); (3) is traveling; Text of subd. (4) as added by Acts 1997, 75th Leg., ch. 1221, 4 (4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity; Text of subd. (4) as added by Acts 1997, 75th Leg., ch. 1261, 28 (4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity; (5) holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if: (A) the person is engaged in the performance of the person's duties as a security officer or traveling to and from the person's place of assignment; (B) the person is wearing a distinctive uniform; and (C) the weapon is in plain view; (6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying; (7) holds a security officer commission and a personal protection authorization issued by the Texas Board of Private Investigators and Private Security Agencies and who is providing personal protection under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes); or (8) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises. (c) The provision of Section 46.02 prohibiting the carrying of a club does not apply to a noncommissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 431.029, Government Code, in performance of official duties or while traveling to or from a place of duty. (e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 431.001, Government Code; or (2) an employee of a penal institution. |
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PS: I am not 100% sure, but it *looks* like the "is traveling" text in section 46.15.b.3 was never ammended, as you will see other text lines will state when they were changed and with which session of the legislature. Therefore, this section should still be the same in law books dated in 1995.
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Thanks Frisco. Definitely too far from East Texas for a 1-day trip (7 hours). Maybe I can make the July trip. I have in-laws in Wichita falls. |
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Well, unfortunately you are WRONG. Case law is used in courts all of the time. However, using case law is illegal because judges cannot legislate, but there is no Judicial Accountability so they get away with it.
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MOVE the case law and TRAVELING topic to another thread please!
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HIJACK!
hi·jack also high·jack ( P ) Pronunciation Key (hjk) Informal tr.v. hi·jacked, hi·jack·ing, hi·jacks To stop and rob (a vehicle in transit). To steal (goods) from a vehicle in transit. To seize control of (a moving vehicle) by use of force, especially in order to reach an alternate destination. To steal from as if by hijacking. To swindle or subject to extortion. n. The act or an instance of hijacking. |
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sorry 007 for participating in the Hijack...
but glad you are here...hope to meet you at a gathering - Dave & Buster's on Jun 11th is probably the next group dinner...details to follow www.ar15.com/forums/topic.html?b=8&f=8&t=169783&page=1 |
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No fucking shit. |
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dont bother moving it to a new thread. just IM me about it energizer
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Don't mind the hijack cause its a good topic.
Bear in mind that "travelling" provision is a right to defense. It is not a right to carry. Meaning that if caught you will still be charged a felony unlicensed carry of handgun and your handgun confistacated. You will then have to prove in court that you are "travelling" Why not just get a CHL. This is a "shall issue" state just in case you guys don't know already his If you are under 21, just carry a shotgun with you. Hell you can open carry that is most cities and towns in TX. |
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That's okay-- I already know the answer. |
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But the law clearly states in 46.15 that if traveling, that unlawful carry 46.02 does not apply. 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. 46.15. Nonapplicability ... (b) Section 46.02 does not apply to a person who: ... (3) is traveling; BTW: If you are traveling, this means that not only can you carry handguns, but you can also carry automatic knives, including butterfly knives, baseball bats, etc. Notice in 46.02a, that if you are carrying it recklessly, that 46.15 (not just traveling, but other circumstances too) is a defense to prosecution too! hehe... |
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The 2nd Amendment trumps all those laws. Carry it anyway.
PS: this is why I suggested putting it on the case-back of the AR15.com watch!
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It is not there and it has not been there since I moved to Texas 15 years ago. I doubt it was ever there, but cannot prove it. It is true Chapter 46 was re-organized in the mid-1990s, moving the defenses to prosecution from sub-sections of 46.02 & 46.03 to their own section in 46.15. But travelling has never been defined in the PC. Where it does get defined is in the dozens of Case Law Decisions over the past 100 years. In each of these Cases, a Judge rules that Scenarios X is or is not "traveling". ANd so these get passed on. Here are some I know, of 1905 ~ __Fitzgerald v. State__: The Texas Court of Criminal Appeals ruled that a person who carries a pistol to and from a shop to have it repaired is not in violation of the state law prohibiting the carrying of weapons. 1912 ~ __Kellum v. State__: The Texas Court of Criminal Appeals ruled that upon obtaining a pistol, one may carry it home by the nearest practicable route and not be in violation of the state law prohibiting the carrying of weapons. 1916 ~ __Wagner v. State__: The Texas Court of Criminal Appeals ruled that a pistol is "about" one's person if the pistol can be reached without materially changing one's position. 1938 ~ __Davis v. State__: The Texas Court of Criminal Appeals ruled that nonhabitual carrying of a pistol between one's home and one's place of business is lawful if it is for a legitimate purpose. 1945 ~ __Smith v. State__: The Texas Court of Criminal Appeals ruled that one has a right to carry a pistol from his place of business to his home as long as one does not do so habitually. 1952 ~ __Henson v. State__: The Texas Court of Criminal Appeals ruled that one is in violation of state law if one delays while transporting a pistol to or from a place of repair. 1958 ~ __Boyett v. State__: The Texas Court of Criminal Appeals ruled that one's right to carry a pistol between his place of business and his home, when he has on his person a large amount of money, is destroyed if one deviates from the most direct route or stops more than momentarily. There are hundreds more. I suggest "The Right to Bear Arms in Texas: The Intent of the Framers of the Bill of Rights," by Stephen Halbrook, __Baylor Law Review__ (Vol. 41, 1989). for further reading. |
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I agree, but do you really think that by reciting the 2nd to a LEO he will just go, "um OK then" 9 times out of 10, I would bet you would be in cuffs in the back of the car and your handgun confiscated. Now TX criminal courts, since we do have a shall issue CHL law in place, will not look too kindly about carrying without a license. It may be construed that you could not get a license and carry anyways for illegal purposes. Let's not forget that whatever we know about the Constitution. The bottomline, you will go to jail if you violate current written law. You will have to spend money to get your ass out. You have a very good chance to losing your 2nd Ammendment right altogether. Pick you fight my friend. TX will issue CHL's to anyone without a record. Why bother going to jail and having to fight the validity of the 2nd Ammendment as an individual right. That is a big fight, and very costly, to go at it alone. Like 007 said, it is cheaper and less headache to just get a CHL. Unless you can't get one. Let your legislator and your votes fight the validity of individual rights to the 2nd Ammendment. |
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Ummm... what I posted IS the current written law. However, many court cases seem to have various decisions on various laws, including the one we are currently discussing regarding "Traveling." How can anybody know and obey all of the CURRENT WRITTEN laws when there are many case-laws that contradict the current laws, or have various decisions/outcomes? The way I see it, if I follow and believe what the TX Penal Code states, then how can I be wrong? Afterall, this information is published so that I may know the CURRENT laws-- and judges can't legislate. |
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Thanks RenegadeX, I knew it wasn't listed in the Penal Code.
Case laws are very interesting... |
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the law is open to interpretation. your interpretation is wrong to most cops. if I were you when you get stopped, I wouldn't be all "I know the law and that's how it is!" that's one way to get your ass thrown in jail.
you might beat the wrap...but you wont beat the ride. |
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Amen!!! Getting your ass out of jail will cost you more than its worth. Why even bother with the "traveling laws" TX is a shall issue state. If you have your CHL, no worries. Carry whenever you want. |
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See, that is one fine example of the cops breaking the laws. Often times I hear them say, "You can beat the rap, but you can't beat the ride." An arrest in this case is obvious that the officer INTENDS to HARASS the law-abiding citizen.
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I disagree. Is it worth losing your rights or having to pay to get a "permit" to exercise your rights??
The 2nd Amendment trumps these laws. The 2nd Amentment is very clear. Ignoring the 2nd Amendment for arguments sake, the Texas law is clear. According to Webster's the definition is clear and the law is clear. It is the fuckers that harass you that want to muddy the definitions. (btw: "travel" means to go from one place to another)
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I was responding to your brothers post about the 2nd Ammendment comment. I was making a point that making a stand on the 2nd Ammendment based on a simple travelling law can be both costly, and time consuming. Regardless if the law is unconstitutional, you still go to jail. Much like the travelling law. You still go to jail and have your day in court. This argument is pointless cause TX is a "shall issue" Concealed Handgun state. That law even makes provision for under priveleged individual and lowers fees for them. So barring not being able to pass the background check, there should be very little reason as to why a person should not have one. By having a CHL, you bypass "peaceable travelling" law altogether. Which makes this conversation pointless. |
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So LT, the ones that DO NOT pay as much taxes get a discount on their permit to exercise their rights?
Disgusting. |
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