TXTerminator

J-Rod is right, Rosenthal can kiss my ***! OBTW did not see you at the Nasa Hooters car show.

jerry306

iTrader: (1)

I feel bad for him bcs he is my brother, but he needs to get his **** straight...Maybe some time in the pin will help...

FIREHAWK #07

iTrader: (1)

Damn Jerry. . . . I was wondering where Henry was.???? havent seen/heard from him.....

Rpm2800

I'm not saying that people should not be able to carry guns, but you should really stick with facts and not try to say things from opinion to support you belief. If what you said were true, then there would be no gangbangers killing other gangbangers or police, etc. You should not try to speak from with "the mind of a criminal" or the "mind of a "killer" because the fact is , That some people have mental problems , and some people just don't give a ........ Live or die some people really don't care. I grew up around probably more criminals and shooting that many people, so I can tell you from being around people that do certain crimes. Watch the news and you will see in Houston and other cities, people robbing and even killing ARMED TRUCK drivers. And look at TEXAS , look how many murders happen in Houston and across the country in states that have the death penaly.

It's a dangerous thing to think that all people use the same rationality you do, or that they care about there lives or yours as much as you do, or to think you can try to think from a a hardcore criminals standpoint. I think alot of people try to ratioanalize from a criminal mind because it makes them feel more comfortable. After all most people feel alot "safer" inside by rationalizing "he or she won't do this if i have a nife, bat, gun ,etc. Some criminals may think twice, but some don't. .

When people are angry , greedy, in an ignorant state of mind , depressed , feel they arre hated (whether they really are or not) jealous, or in a warped state of mind etc, they don't think...... And that's just us decent folks, nevermind a criminal who may be mentally ill, angry, ignorant ,poor, derpressed, grew up in a criminal inviornment , etc. Look at the Police that shot his wife the other day. Do you think everybody really thinks they can get away with a crime. Some people are just in a certain state of mind at the time , and don't think before they act. And again some people just don't give a .. I honestly know of people ,that if somone upsets them enough they seriously will shoot or kill them in front of the police, and most likely shoot the police if they can. Consequenses don't scare or even pop into the mind of some. Not to mention somebody high on drugs or alchohol who may not even been in a ratioanall state.

I'm not saying whether you should be able to have a gun or not, that's not my deciscion. It does seem odd that some DA would try to go against state law . But anyways, again the avereage person can't truly think what a criminal or someone with a totally different mindset will do. We can Just hope a situation never arises whether we have a gun or not. Even if we do have a 45 on the seat, it "might" give some a chance in "certain" situations, but having a gun doesn't mean we will get to use it. So much is happening these days. We don't have eyes in the back of our heads, and anybody can be "caught slippin".

cyphur

iTrader: (10)

I'd rather have the possibility of an opportunity to use a handgun in my possesion than no opportunity at all in a situation where it'd be necessary.

With that in mind, I have no qualms at all with getting my CHL. I have plans to do so this semester or afterwards. This law merely allows me a little leeway in timeframe.

It shouldn't replace the CHL in anyone's mind.

628soon

My stand is this, if you got it don't take it out unless you have no other means of salvage'n the situation,But don't put yourself in that situation just because you've got a weapon in the car. Weapons are for the responsible not for the irrational.

jerry306

iTrader: (1)

Yus found out my brother got busted with another gun ...thats way he is in jail

SJRTX

iTrader: (1)

I was speaking in general. Yes there are some wackos out there that dont care whether they live or not, as long as they take someone out with them. But MOST people would rather stay alive. I could give you literally hundreds of stories of criminals with every intent of committing a certain crime or accosting someone, but once their "victim" had them looking down the barrel, they tucked tail and ran. Like I said the large majority of people out there value their lives.

But this discussion is purely academic. It is not dangerous for me to think that most people out there value their lives, when some may not. Why is that? Because an attacker is an attacker whether he values his life or not, it makes no difference to me whatsoever. If I am put in a use of force situation, I will use that force-your mindset makes no difference to me.

And as far as being able to use your firearm if you are caught in a situation that warrants it, obviously there is no guarantee that you will get to use it. That will depend on the situation at hand, and you have to make decisions based on that. Every situation is different. Lots of training can get you prepared for several different types of situations, but again, there is no guarantees.

Regarding getting "caught slippin"-that has to do with Situational Awareness. Most people walk around in "condition white", and thats just asking to be a victim. I dont. And situational awareness is a whole 'nother discussion. My point is, you imply that ive said or implied that carrying a gun is some type of safety guarantee, when its not. But there are definitely things you can do to give you the advantage if you find yourself in a life or death situation.

Nine Ball

iTrader: (38)

Screw it, gas prices are high now. Lets all start riding horses around like the old West, and strap those Winchesters to the saddle.

Mr Powell

iTrader: (1)

I thought I saw you out today Tony on your horse.. But I didnt know you liked Pink chaps... crazy!!

Gipraw

iTrader: (10)

I thought the most disturbing thing in the whole story was the comment that is now part of my sig. THAT is an attitude that needs adjusting.

cantdrv65

iTrader: (3)

A trooper friend of my dads was shot by a thug years ago around Edna Texas... Lucky shot by the lowlife also..... I agree that the people who will rob, stab, rape or murder another person have no regard for ANY law obviously....And if someone happens to break into your home or car? Who do you rely on the police? They'll be there by the time the criminal crosses the border to Mexico. lol

Onyx Z

iTrader: (3)

Criminals will have some sort of weapon whether it's legal or not. The only people that abide by the laws are the law-abiding citizens. So why can't the common, law-abiding citizen carry a gun as well?

J-Rod

The issue is not your view on handguns. The fact is the law is the law, and the local D.A. has chosen to ignore state law. That is the entire issue. I have my CHL, and have had it for quite some time (in fact I'm coming up on my 3rd renewal in 2006).

TxTerminator - Sorry, as I said, I was getting a driveway put in (110 yards of concrete worth) . But, I'd still like to hook up with you sometime...

SJRTX

iTrader: (1)

Well, ive posted on this issue before. Ive posted opinions from attorneys aswell. But the way Im understanding it is, is that this new law only puts the PRESUMPTION(that you are travelling) in your favor. You may still be(lawfully) arrested for UCW. If you met the 5 factors for the presumption then you may have that defense in court, however it can be rebutted by the prosecution. In otherwords they can show that you were not actually "travelling". There still was no definition of "travelling" and that is the problem. Travelling has been defined in the courts over and over now, and each time, it was found to mean some type of long distance drive-not just around the corner for milk or across town.

From what I understand, the presumption can be rebutted unless it is expressly written that it cannot be in the law. So in otherwords, if you ARE actually traveling(crossing county lines etc) , and you get pulled over with a gun then you are automatically given the benefit of the doubt. However, if the officer believes that you are not traveling, and thinks the DA could make a case on you, he may arrest you for UCW, and then the DA may decide whether he will rebut your Presumption, by proving that you were not traveling.

So the DA is not doing anything illegal here, or going against any law. What hes actually doing, is taking everyone into court and testing their defense of "traveling". So basically if you are coming into town from a long distance, carrying a gun and get pulled over, your pretty much screwed, atleast until the DA figures out that he CANNOT prove that you were NOT traveling. So in effect, hes arresting everyone, and sorting it out in court.

Now if they amended the section of the law and added " in this section, travelling is defined as: going from one place to another" Then it would be cut and dry.

SJRTX

iTrader: (1)

And let me also add:

The new law that give you the presumption if you meet the 5 factors, shifts the burden of proof onto the prosecutors. In the past the burden of proof was on you. The prosecutor could say: he was unlawfully carrying a gun. And now, you MUST prove that you were lawfully carrying because you were traveling, and prove that you were infact traveling. And if you CANNOT prove that you were traveling, then you will be found guilty.

Under the new law, you are presumed to be traveling until it is proven that you were not. Meaning you walk into the court an innocent man, and its up to the prosecution to prove that you had not been traveling. And if they cannot do that, then you are a free man.

So the law does not protect you from being arrested, it simply shifts the burden of proof onto the prosecution. And to prove that you were not traveling may or may not be hard to do. As the prosecution can call in witnesses etc to say that you had not even left town or you were getting a gallon of milk at the store, or you were on your way to work that day etc etc.


Ok, theres some discussion for ya Jrod lol

Rpm2800

Legally a permit would be the protection for most..... but I was just wondering.

Is there anywhere someone can find what the word traveling means under Texas law. Is the technical definition written anywhere?

Onyx Z

iTrader: (3)

I think the only true definition of "traveling" is what the officer thinks. So basically, it's your word against his, in which his is uaully stronger.

Soooo.... if you want to carry a gun without the hassle, get a CHL, that's all there is to it.

SJRTX

iTrader: (1)

Yes, this wouldnt be a problem in the least if you have a license.

And no, there is no definition of traveling. There have been varying decisions by the courts on traveling, but most if not all of them decided that traveling constitutes some type of long drive, some even saying that you have to be taking an unfamiliar route, or crossing 2 or more county lines etc etc.

This would be bad for the guy who actually is traveling, and gets pulled over coming back or leaving Houston, even with bags packed etc, the DA wants them thrown in jail regardless (atleast thats the way im understanding his comments).

Also-certain words sometimes have to be defined within the subsection of the law in which they are used.

For example: If you have a CHL it is illegal to carry while intoxicated. Intoxicated is defined as a certain BAC % in other parts of the penal code regarding DWI, but it is not defined in the sections regarding concealed carry. So many people(including lawyers) take that to mean that ANY % of alcohol would constitute intoxicated, whereas, your limited to .08%(or whatever it is) in regards to DWI.

So if there is a definition of the word traveling somewhere within the law(which I do not believe there is) then its non-applicable to this issue.

LS69TA

iTrader: (30)

I agree with SJRTX.Traveling is not defined anywhere in the laws. It's the officers discretion I guess you'd say. The way we were taught, you "travel" from Dallas to Houston, you don't "travel" from your house to the grocery store. I just had to sit through a 7 hour Legal Update class on Thursday..fun fun.