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Author Topic: Texas is Going for Permitless Carry  (Read 2821 times)

Brad Johnson

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Re: Texas is Going for Permitless Carry
« Reply #125 on: July 05, 2021, 04:02:14 PM »

Subsection (B)(i)... "(i) on private property not part of school grounds;"

Texas has been very clear that a vehicle, as an extension of the home, is considered private property. That is, at least for the purposes of LTC law. No idea how they intend to treat it for the purposes of Constitutional Carry but I don't see them backing off the "car is part of your home" mindset for lots of reasons.

For a bit of elaboration on the Texas rules, see the US Law Shield section on it. Scroll down to "Is the federal gun-free school zone law the same?" for relevant info on school zones.

https://www.uslawshield.com/guns-and-school-zones-what-is-the-law/

Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

Hawkmoon

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Re: Texas is Going for Permitless Carry
« Reply #126 on: July 05, 2021, 05:19:13 PM »

What Texas considers to be "an extension" of the castle is not binding on federal law. I very seriously doubt that anyone charged under the GFSZA for having a loaded firearm in a vehicle within a school zone would get off by claiming that they are exempted because Texas considers a vehicle to be an extension of the home.

If you wish to become the test case, I'll contribute a few bucks to your defense fund, but I won't consider it money well spent unless you get off.

Brad Johnson

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Re: Texas is Going for Permitless Carry
« Reply #127 on: July 05, 2021, 05:37:58 PM »

What Texas considers to be "an extension" of the castle is not binding on federal law. I very seriously doubt that anyone charged under the GFSZA for having a loaded firearm in a vehicle within a school zone would get off by claiming that they are exempted because Texas considers a vehicle to be an extension of the home.

There is no need for a test case because GFSZA already contains provisions for certain exclusions, including one for state-issued concealed carry licensees.

From the USLawShield article linked prior

Quote
Is the federal gun-free school zone law the same?

No. The federal law does create an entirely new offense. Under federal law, there’s a blanket prohibition that makes it illegal to possess a gun within 1,000 feet of a public, parochial, or private school. There are some exceptions, which make that prohibition a little easier to stomach. Here are the three most common:

The first is for a person with a license to carry a handgun issued by the state where the school zone is located. This means that a Texas resident, who holds a Texas LTC, can carry in a school zone in Texas, as long as they follow all other Texas laws. However, that same Texas LTC holder would run afoul of the federal gun-free school zone law if he or she were in another state besides Texas. The converse holds true as well.

Second, a person who lives within 1,000 feet of a school is also allowed to keep a firearm on their privately owned property, as long as it is not part of the school grounds.

The third most common exception is that you’re permitted to carry an unloaded gun in a locked case or in a locked gun rack. Although it is currently illegal for a teacher to carry a gun in a school building without a written regulation in place or written authorization from the institution, this is a fast-changing area of the law across the country that may very well impact Texas. In fact, in the last legislative session, Texas made it illegal for a teacher or school employee with an LTC to be fired by a school or disciplined because they had a handgun in their automobile on a school parking lot.

Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

Cliffh

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Re: Texas is Going for Permitless Carry
« Reply #128 on: July 05, 2021, 07:50:13 PM »

I don't know if the motor vehicle laws on this are uniform throughout all 50 states. In my state, it's illegal for motorcyclists to ride between lanes. That don't stop the punks on crotch rockets from doing it, but it is illegal.

It sounds to me like this was a case of Darwin's law being proved by real life results.

Don't know about any states other than CA & TX - CA is legal to lane-split, TX is not legal to lane-split.  TX tried to change it recently, almost passed.

Ben

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Re: Texas is Going for Permitless Carry
« Reply #129 on: July 05, 2021, 07:56:48 PM »

Don't know about any states other than CA & TX - CA is legal to lane-split, TX is not legal to lane-split.  TX tried to change it recently, almost passed.

I used to hate the lane splitting in CA. The vast majority of those guys were extremely dangerous. It appears it is illegal in most states:

https://advrider.com/lane-splitting-motorcycle-laws-state-by-state/
"I'm a foolish old man that has been drawn into a wild goose chase by a harpy in trousers and a nincompoop."

Cliffh

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Re: Texas is Going for Permitless Carry
« Reply #130 on: July 05, 2021, 08:27:42 PM »

Personally, I like lane splitting.  I've set in stopped traffic during the summer in SoCal - ain't fun.

There are aholes who abuse it.  Just like there are aholes who will abuse every/any situation.

Then there are those who abuse it just for the adrenaline rush.

RoadKingLarry

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Re: Texas is Going for Permitless Carry
« Reply #131 on: July 05, 2021, 09:59:50 PM »

When I was stationed in San Diego I lived in El Cajon and made the 25 mile commute to Ballast Point on a 1980 KZ 750. I seem to remember that lane splitting was legal at the time (1983-1985). I would occasionally do it but the odds of some jackass opening a door or deliberately blocking you was pretty high.
When I did lane split I'd ride just fast enough to remain stable.
If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.

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Hawkmoon

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Re: Texas is Going for Permitless Carry
« Reply #132 on: July 05, 2021, 10:28:56 PM »

There is no need for a test case because GFSZA already contains provisions for certain exclusions, including one for state-issued concealed carry licensees.


Yes, I know. I have stated that at least twice in the course of this thread. I even quoted the text of the exception.

What we are discussing now is the new Texas law that will allow permitless carry -- and how doing that will leave people open to being arrested and charged for violating the GFSZA because they don't have a license issued by the state in which the school is located.
« Last Edit: July 06, 2021, 12:12:02 AM by Hawkmoon »

Ben

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Re: Texas is Going for Permitless Carry
« Reply #133 on: July 06, 2021, 08:25:01 AM »

When I did lane split I'd ride just fast enough to remain stable.

That would be fine to me, and to be fair to CA and the motorcyclists there that followed the law, it appears 10MPH is the maximum speed allowed to lane split. I had no problems with those who slowly rode their bikes through stopped traffic. The ones who were going a LOT faster than that through slightly moving traffic made me nervous.
"I'm a foolish old man that has been drawn into a wild goose chase by a harpy in trousers and a nincompoop."

Brad Johnson

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Re: Texas is Going for Permitless Carry
« Reply #134 on: July 06, 2021, 09:42:36 AM »

Yes, I know. I have stated that at least twice in the course of this thread. I even quoted the text of the exception.

What we are discussing now is the new Texas law that will allow permitless carry -- and how doing that will leave people open to being arrested and charged for violating the GFSZA because they don't have a license issued by the state in which the school is located.

My bad, then. I was perceiving your statements in the context of general application biasing towards LTC holders. Apologies.

Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

MechAg94

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Re: Texas is Going for Permitless Carry
« Reply #135 on: July 06, 2021, 09:54:45 AM »

I saw lane splitting done on my one trip to the LA area.  I lean against motorcycles have extra allowances in traffic.  Seems to me it is simpler if everyone follows the same rules. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

WLJ

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Re: Texas is Going for Permitless Carry
« Reply #136 on: July 16, 2021, 04:43:29 PM »

Never Underestimate The Power Of The Stupid Side

WLJ

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Re: Texas is Going for Permitless Carry
« Reply #137 on: July 20, 2021, 06:08:38 PM »

Never mind

BREAKING: Louisiana Legislature Fails to Override Veto of Constitutional Carry Bill
https://www.thetruthaboutguns.com/breaking-louisiana-legislature-fails-to-override-veto-of-constitutional-carry/
Never Underestimate The Power Of The Stupid Side

230RN

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Re: Texas is Going for Permitless Carry
« Reply #138 on: July 21, 2021, 03:04:15 AM »

This was with respect to the Texas constitutional carry bill on APS June 4 2021:

https://www.armedpolitesociety.com/index.php?topic=64335.msg1308418;topicseen#msg1308418

Quote:
________________________________________
Politics:

If I were an anti-2A Democrat, and I know the Governor will veto a pro-2A bill, I might throw my support into the bill just to curry favor with some righties. I might even vote for it just to boost my NRA "grade" by a + or even a whole letter.

___________________________________

Tolja.

That's Politics, folks.  You can't trust a damned one of them.

Terry, 230RN

« Last Edit: July 21, 2021, 03:53:16 AM by 230RN »

230RN

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Re: Texas is Going for Permitless Carry
« Reply #139 on: July 21, 2021, 11:48:16 AM »

I saw lane splitting done on my one trip to the LA area.  I lean against motorcycles have extra allowances in traffic.  Seems to me it is simpler if everyone follows the same rules.

Strikes me that engine cooling is a factor in doing lane splitting.  Am I wrong?

I don't remember doing it when I was riding, but then again, I rarely got into congested situations on the highway.   Anyhow, I thought of that while reading this thread.

Cliffh

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Re: Texas is Going for Permitless Carry
« Reply #140 on: July 21, 2021, 04:28:34 PM »

I got caught in SoCal traffic bad enough to overheat a water cooled Goldwing.  Air cooled engines have it even tougher.

Being able to get out of stalled/slow traffic is a plus with lane splitting.

230RN

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Re: Texas is Going for Permitless Carry
« Reply #141 on: July 21, 2021, 04:55:06 PM »

Thanks, Cliffh.

I kind of wondered about that, so I took this opportunity to ask even though the thread has already drifted a bit.

Most of my riding was day-trip-fun (CL 350), not commuting to work or anything, but even stopped at long left-turn lights, overheating had occurred to me. :)

Sehr Gracias

Terry

Cliffh

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Re: Texas is Going for Permitless Carry
« Reply #142 on: July 21, 2021, 05:51:49 PM »

Thread drift?  At APS?  Never!

Gern geschehen
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