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Posted: 9/1/2005 7:00:48 AM EDT
what was the final answer ?

can we or cant we?

Link Posted: 9/1/2005 8:20:30 AM EDT
[#1]

Quoted:
what was the final answer ?



Become a Peace Officer or get a CHL.
Link Posted: 9/1/2005 9:20:14 AM EDT
[#2]
Thsi is my take on it so take it for what it's worth.

Traveling has been defined now BUT it's still just a defense to prosecution.  

I would like to see a new and updated law book though before I'd make any decision as to arrest or not.  
Link Posted: 9/1/2005 9:31:15 AM EDT
[#3]

Quoted:
Thsi is my take on it so take it for what it's worth.

Traveling has been defined now BUT it's still just a defense to prosecution.  

I would like to see a new and updated law book though before I'd make any decision as to arrest or not.  



Why not just go with the original law book,  The Constitution of The United States of America, and not arrest them for exercising their rights?

Not a bad plan at all.


TXL
Link Posted: 9/1/2005 9:56:22 AM EDT
[#4]

Quoted:

Quoted:
Thsi is my take on it so take it for what it's worth.

Traveling has been defined now BUT it's still just a defense to prosecution.  

I would like to see a new and updated law book though before I'd make any decision as to arrest or not.  



Why not just go with the original law book,  The Constitution of The United States of America, and not arrest them for exercising their rights?

Not a bad plan at all.


TXL


I was waiting for this!
Because not everyone who has a handgun is a law abiding citizen.  Don't make assumptions on me since you don't know me.  
Link Posted: 9/1/2005 10:58:33 AM EDT
[#5]

Quoted:
Become a Peace Officer or get a CHL.



+1


Link Posted: 9/1/2005 11:20:35 AM EDT
[#6]

Quoted:

Quoted:

Quoted:
Thsi is my take on it so take it for what it's worth.

Traveling has been defined now BUT it's still just a defense to prosecution.  

I would like to see a new and updated law book though before I'd make any decision as to arrest or not.  



Why not just go with the original law book,  The Constitution of The United States of America, and not arrest them for exercising their rights?

Not a bad plan at all.


TXL


I was waiting for this!
Because not everyone who has a handgun is a law abiding citizen.  Don't make assumptions on me since you don't know me.  



well, it seems that something is possibly changing, or else you would not have to wait before you make that decision.  

What I am saying is that the ORIGINAL LAW says what it says, if you are not gonna follow it, what is a rule made by some idiots in Austin gonna do to change that?  What changes could be made to change your decision?  Have you ever seen how laws are made?

Link Posted: 9/1/2005 2:33:54 PM EDT
[#7]

Quoted:

Quoted:
what was the final answer ?



Become a Peace Officer or get a CHL.


+1





but if you do find out if its kosher or not whichever way you decide to find out, let us know
Link Posted: 9/1/2005 6:58:28 PM EDT
[#8]

Quoted:
Traveling has been defined now BUT it's still just a defense to prosecution.  




Same story on owning a machine gun though. Having the ATF approval is a defense to prosecution. All kinds of people own machine guns in Texas.
Link Posted: 9/1/2005 8:00:30 PM EDT
[#9]

Quoted:
Thsi is my take on it so take it for what it's worth.

Traveling has been defined now BUT it's still just a defense to prosecution.  




From what I have heard here at COMMAND, the DA will continue to prosecute. You will have to defend yourselves in court and prove you were traveling.
Link Posted: 9/1/2005 8:04:33 PM EDT
[#10]

Quoted:

Quoted:
Thsi is my take on it so take it for what it's worth.

Traveling has been defined now BUT it's still just a defense to prosecution.  




From what I have heard here at COMMAND, the DA will continue to prosecute. You will have to defend yourselves in court and prove you were traveling.



The Houston DA is saying he is going to prosecute.

According to Terry Keel, the intent of the legislation is to prevent arrest in the first place.

LINK
Link Posted: 9/2/2005 7:20:54 AM EDT
[#11]
I packed one in the car yesterday before I headed to class (I park off campus). If I get arrested for excercising my right so be it. The worse that can happen is a night in jail and the case will get dropped.
Link Posted: 9/2/2005 8:58:14 AM EDT
[#12]

Quoted:
I packed one in the car yesterday before I headed to class (I park off campus). If I get arrested for excercising my right so be it. The worse that can happen is a night in jail and the case will get dropped.




short of not being arrested.. that is your best case senerio

worst case is you get arrested then spend money to get the case dropped..
Link Posted: 9/2/2005 7:38:10 PM EDT
[#13]

Quoted:

Quoted:
I packed one in the car yesterday before I headed to class (I park off campus). If I get arrested for excercising my right so be it. The worse that can happen is a night in jail and the case will get dropped.




short of not being arrested.. that is your best case senerio

worst case is you get arrested then spend money to get the case dropped..




maybe, but after enough officers waste their time in court, they will stop, unless they get some orders like captain america above.

TXL
Link Posted: 9/4/2005 1:40:11 PM EDT
[#14]

Quoted:

Quoted:
I packed one in the car yesterday before I headed to class (I park off campus). If I get arrested for excercising my right so be it. The worse that can happen is a night in jail and the case will get dropped.




short of not being arrested.. that is your best case senerio

worst case is you get arrested then spend money to get the case dropped..



Worst case scenario is that you are stopped at a red light when some New Orleans "refugee" decides to re-appropriate your vehicle, and you don't have a gun!

This last stand by some law enforcement is pathetic and dangerous. We just brought a shit load of criminals into this state. Someone is going to get killed because they're afraid of being arrested (even though they are obeying the law).
Link Posted: 9/4/2005 3:29:58 PM EDT
[#15]

Quoted:
Thsi is my take on it so take it for what it's worth.

Traveling has been defined now BUT it's still just a defense to prosecution.  




NO NO NO NO NO.

It is NOT a defense to prosecution.  

According to section 46.15 of the Texas Penal Code, section 46.02 (unlawful carrying weapons) does NOT apply to a person who is traveling.  That means that the prosecution must prove beyond a reasonable doubt that you were NOT traveling.  Under the new presumption, you are presumed to to BE traveling if you meet all 5 criteria.  

Under a defense to prosecution the defendant must prove beyond a reasonable doubt that he meets the requirements of the defense.


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