Archive for December, 2009

Pointless sign

Posted in Society on December 30, 2009 by Jay

I went to H-E-B today, and they had a new sign posted.

It was something along the lines of “carrying an unlicensed firearm on these premises is illegal under Texas Penal Code XX.XX”.

So, basically, it’s illegal to carry an unlicensed firearm on those premises, when it would be illegal to carry anyway because it isn’t licensed carry.

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Paypal Woes

Posted in Uncategorized on December 29, 2009 by Jay

I bought some ammo from an undisclosed online retailer last week. Initially, everything went well. I paid with Paypal and got the receipt showing payment from the company.  However, I received an email from the company, saying there was an issue with the payment of my order.  I replied and said all the necessary funds are there, etc, no idea what the problem was.

I just checked my email, and my transaction was rejected for “violation of Terms of Service”. Apparently, buying things like firearms and ammunition is a violation.

Anyone up for a penny transaction of “semi automatic assault weapon”?

Needless to say, bye bye Paypal.

Make sense

Posted in Uncategorized on December 28, 2009 by Jay

States that have lost the most residents:

  1. California
  2. New York
  3. Michigan
  4. Illinois
  5. Ohio

States that have gained the most residents (net of population):

  1. Wyoming
  2. Utah
  3. Texas
  4. Colorado

Technically, Texas has gained more residents numbers wise than Wyoming but because we already have a large population, our net gain isn’t that big.

Which, makes sense that crime seems to be on the rise as a whole state-wide.

But, on the plus side, more residents for us means more seats in the house, and vice versa.

(h/t to SayUncle for the link).

Picture

Posted in Uncategorized on December 28, 2009 by Jay

Whats wrong with this picture?

Click to make bigger

Picture taken from AR15.com.

Merry Christmas!

Posted in Uncategorized on December 27, 2009 by Jay

I hope everyone had a Merry Christmas, and has a safe New Years!

Deal Alert!

Posted in Uncategorized on December 24, 2009 by Jay

Well, not really a deal, but: Stallard Arms JS Handgun for $30.

Talk about a Saturday night special….

Cops + Carry

Posted in Uncategorized on December 23, 2009 by Jay

I received an email today, asking for legal sources about Texas Peace Officers (a.k.a. cops) being able to freely carry wherever they want.

Well, first off, let’s start here: Law Enforcement Officers Safety Act (LEOSA).

LEOSA was signed into Federal law on 2004 by George W Bush. The high points are these:

  • Allows two classes of persons—the “qualified law enforcement officer” and the “qualified retired law enforcement officer” — to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions.
  • Notwithstanding any other provision of the law of any State or any political subdivision thereof, he or she may carry a concealed firearm in any state or political subdivision thereof. See Title 18, USC, Section 921, which defines “state” to also include the District of Columbia, Puerto Rico and U.S. Possessions. Thus, the LEOSA-qualified person does not generally require a state-issued permit for carrying concealed firearms.
  • The laws of any State that (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.” This does not mean that LEOSA-qualified persons are prohibited from carrying concealed firearms in such areas, but only that they must obey whatever state laws apply on those two points. They are free to disregard all other state and local laws that govern the carrying of concealed firearms.

As I said, those are the high points in regard to legality of carrying from LEOSA. In short, the qualified LEO can carry where they want, except for private business and residences that displays their State’s legal version of “Concealed Firearms Prohibited”, State or local government property, and they must obey what the State says in respect to prohibited areas.

That is what the Feds say.

Now, as the tail end of the previous section said, the qualified LEO must obey the State’s laws on prohibited areas. So, for Texas, this means Sections 46.02 and 46.03 of the Texas Penal Code.

Section 46.02 outlines unlicensed carry (for non-CHL holders), which is you can only carry on your own personal property and premises, and carry in your vehicle, which is handgun must remain concealed, and you can not be participating in criminal activity other than a Class C Misdemeanor (think traffic laws), prohibited by law from possessing the firearm, or a member of a criminal street gang.

Section 46.03 outlines where it is illegal to carry. This is the jist of it. Feel free to go to the above link and read the actual document for yourself. Illegal to carry: Schools, school grounds, polling place on day of election or early voting, any government court or offices used by the courts, racetrack, in or into a secured area of an airport, or 1000 feet of a prison on the day the prison is executing someone.

Something else I need to say about prohibited areas. In Texas, a private party (such as a private business) can post a sign that says:

“PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN.”

“CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO.”

There are other things to it as well, such as height of the letters. You can read about the other requirements for posting that sign on the Texas DPS website.

In a nut shell, with that sign posted, a holder of a CHL can not legally enter that property with a concealed handgun, in addition to the other places listed under 46.03.

That is a summary of the law regarding citizen concealed carry in Texas.

 Now, this is how those laws apply to police officers.

Section 46.15 of the Texas Penal Code is entitled Nonapplicability, and covers the who, where, when, and why certain people are exempt from 46.02 and 46.03. The part covering police officers says:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers or special investigators under Article 2.122, Code of Criminal

Procedure [ed note: meaning people like FBI, DEA, etc] and neither section prohibits a peace officer or special investigator from

carrying a weapon in this state, including in an establishment in this state serving the

public, regardless of whether the peace officer or special investigator is engaged in the

actual discharge of the officer’s or investigator’s duties while carrying the weapon;

The summary of that means cops are exempt from 46.02 and 46.03, whether they are on duty or off.

Now, on to the CHL sign that I posted earlier (I’ll call it the 30.06 sign). Simply put, it doesn’t apply to LEOs. There isn’t any kind of statute or law that says LEOs are exempt, so don’t go bother looking for any. But then why doesn’t it apply to LEOs? The 30.06 sign defines it: “A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW)”. Cops aren’t licensed under that law, meaning they aren’t CHL holders. Because they aren’t CHL holders, the 30.06 sign and statute doesn’t apply to them.

So, then where/when are Texas LEOs prohibited from carrying? Federal property, which are places like post offices, military bases, etc, and if they are under the influence, meaning alcohol, medication, etc. Other than those, they are free to carry. Sadly, Texas CHL holders don’t get the same freedoms. Maybe one day….

Obviously, this is from my understanding of the law, through reading the Texas Penal Code and the Texas DPS CHL website, and talks with active law enforcement personnel. I am not a lawyer and don’t play one on T.V. If you follow any advice I have posted about the laws, rules, and regulations pertaining to concealed carry, you do so at your own risk. If you have questions about what I have posted, I will answer them to the best of my ability, but remember, I am not a lawyer and assume no responsibility if you break the law and get caught. If you have real legal questions, seek the advice of a lawyer.