Texas3006 Forum

parabellum wrote: ↑Tue Feb 02, 2021 8:48 am How so? It clearly states that for a person to be charged the weapon must be intentionally removed from the holster. As far as the jacket scenario, as long as it’s in the holster, you’re good, through the exception clause.This one seems clear to me.

Yes, but it should never be in an exception clause. If it simply stated, that if the gun is carried openly, it must be in a holster, there would be no need to add a criminal definition. Brandishing a firearm, in a manner to frighten, is already part of the penal code.
Even the open carry law, should be amended to say "in a holster" instead of in a belt or shoulder holster. As it is written, with no definitions, of either a belt, or shoulder holster, someone with a drop leg holster, or chest rig, could conceivably be charged with a crime.

I agree with you, that for you and I, the language, is somewhat easy to follow. Unfortunately, there are anti-gun DAs, and even some LEO, who can simply apply the first portion of the law, and only concede the exception after arrest/trial. JMHO

Jusme wrote: ↑Tue Feb 02, 2021 9:13 am

parabellum wrote: ↑Tue Feb 02, 2021 8:48 am How so? It clearly states that for a person to be charged the weapon must be intentionally removed from the holster. As far as the jacket scenario, as long as it’s in the holster, you’re good, through the exception clause.This one seems clear to me.

Even the open carry law, should be amended to say "in a holster" instead of in a belt or shoulder holster. As it is written, with no definitions, of either a belt, or shoulder holster, someone with a drop leg holster, or chest rig, could conceivably be charged with a crime.

He filed SB 550 that does just that.

https://capitol.texas.gov/tlodocs/87R/b ... 00550I.htm

Simply removes the words "belt or shoulder" and leaves "holster". I'm good with this language.

Flightmare wrote: ↑Tue Feb 02, 2021 9:41 am

Jusme wrote: ↑Tue Feb 02, 2021 9:13 am

parabellum wrote: ↑Tue Feb 02, 2021 8:48 am How so? It clearly states that for a person to be charged the weapon must be intentionally removed from the holster. As far as the jacket scenario, as long as it’s in the holster, you’re good, through the exception clause.This one seems clear to me.

Even the open carry law, should be amended to say "in a holster" instead of in a belt or shoulder holster. As it is written, with no definitions, of either a belt, or shoulder holster, someone with a drop leg holster, or chest rig, could conceivably be charged with a crime.

He filed SB 550 that does just that.

https://capitol.texas.gov/tlodocs/87R/b ... 00550I.htm

Simply removes the words "belt or shoulder" and leaves "holster". I'm good with this language.

I guess I missed that one earlier. I'll forward this to my Rep and Senator.

Shakespeare got it right...

Bitter Clinger wrote: ↑Tue Feb 02, 2021 10:03 am Shakespeare got it right...

Was that regarding the fate of lawyers?

If I am reading this correctly, this may be one of my favorite bills filed in the senate this session;

https://capitol.texas.gov/tlodocs/87R/b ... 00546I.htm

Flightmare wrote: ↑Wed Feb 03, 2021 12:15 am If I am reading this correctly, this may be one of my favorite bills filed in the senate this session;

https://capitol.texas.gov/tlodocs/87R/b ... 00546I.htm

I will need to finish my coffee, but isn't this exactly what we have been pushing for? Basically, that LTC is legal, wherever alcohol is sold, or served, with no restriction, regarding percentage for on premise consumption? Schools, polling places, racetracks, amusement parks, court rooms, sporting events etc?

I will read through this more carefully, when I am more awake. But, if that is what this bill is doing, I'm with you on it becoming my favorite.

Jusme wrote: ↑Wed Feb 03, 2021 5:22 am

Flightmare wrote: ↑Wed Feb 03, 2021 12:15 am If I am reading this correctly, this may be one of my favorite bills filed in the senate this session;

https://capitol.texas.gov/tlodocs/87R/b ... 00546I.htm

I will need to finish my coffee, but isn't this exactly what we have been pushing for? Basically, that LTC is legal, wherever alcohol is sold, or served, with no restriction, regarding percentage for on premise consumption? Schools, polling places, racetracks, amusement parks, court rooms, sporting events etc?

I will read through this more carefully, when I am more awake. But, if that is what this bill is doing, I'm with you on it becoming my favorite.

That's what I'm seeing too. 46.035(b) is to be repealed, which is the 51% thing. Also, as far as location restricted areas, LTC holders are being moved from 46.15(b) to 46.15(a) which adds exemption to location restrictions (46.03). I'm really crossing my fingers on this one. I've already given a copy of Flightmare's document to my local senator, so I hope that helps.

the sanctuary state @A bill is still just sitting as FILED

powerboatr wrote: ↑Wed Feb 03, 2021 2:11 pm the sanctuary state @A bill is still just sitting as FILED

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.3.htm

THE TEXAS CONSTITUTION

ARTICLE 3. LEGISLATIVE DEPARTMENT

Sec. 5. MEETINGS; ORDER OF BUSINESS. (a) The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor.

(b) When convened in regular Session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending and upon such emergency matters as may be submitted by the Governor in special messages to the Legislature.

Right now, they are not allowed to have committee meetings or much of anything (outside of emergency matters submitted by the governor).


https://www.texastribune.org/2021/02/01 ... tate-2021/
Abbott designated five emergency items, or items that the Legislature can vote on within the first 60 day of the session, which began Jan. 12. Those items were expanding broadband internet access, punishing local governments that “defund the police” as he defines it, changing the bail system, ensuring what he described as “election integrity” and providing civil liability protections for businesses that were open during the pandemic.