Houston transit to change their anti-CHL policy

[MaterDei]

A small victory but a victory nonetheless. Way to go Commissioner Patterson and the TSRA!

Jan. 27, 2005, 10:52AM

Metro is expected to ease gun ban on buses, trains
Licensed riders would be allowed to carry concealed handguns on board
By ROMA KHANNA
Copyright 2005 Houston Chronicle

Metro board members are expected to vote this afternoon to repeal the restriction, which has been in effect since 1995 after the Legislature voted to allow licensed owners to carry concealed handguns in most public places.

State Land Commissioner Jerry Patterson, who wrote the legislation as a state senator, has been a vocal critic of bans such as those adopted by Metro and many other government entities in Texas in response to the "right-to-carry" law.

He, the Texas State Rifle Association and four licensed Harris County gun owners sued Metro in 2003, seeking to overturn the ban. Now that Metro is dropping its policy, he said, he plans to challenge similar restrictions in other cities, probably starting with Austin's Capital Metro.

"They implemented these when there was collective hysteria from detractors, who said there would be blood in the streets and shootouts at every four-way stop," Patterson said. "None of that proved true."

Though he and his fellow plaintiffs hailed Metro's move as a victory, all parties involved agreed that the practical effects on riders will be few.

Metro spokesman Ken Connaughton said transit officials don't expect any actual changes for riders.

Patterson said the ban was essentially unenforceable and that many Metro riders already carry pistols.

"It was a prohibition against undetectable conduct because, by law, it is required for it to be concealed, to begin with," he said. "I have carried my handgun on Metro buses on at least three occasions because I knew it to be an unlawful restriction."

Mixed feelings
Some riders waiting at stops along the light rail line Wednesday expressed concerns about the change.

"I have seen arguments on buses, and this means that someone could be in the position to pull out their gun," said Terry Mulhern, 50, a frequent rider on the rail. "It could get very dangerous."

But Thomas Martin, a 34-year-old electrician, called the change a simple formality.

"There is nothing stopping someone from carrying a handgun onto a bus or train now — not a metal detector or even someone watching," he said. "And I don't see a problem."

Metro is one of many government agencies that adopted such bans, from the Texas Department of Public Safety to municipalities across the state, after lawmakers approved the "concealed carry" gun law in 1995. The law allowed businesses to ban weapons and local governments to restrict their presence from some public facilities, such as schools and courtrooms.

Metro adopted its ban in September 1995. Officials acknowledged that they might not be able to charge violators with a crime, but said they wanted to send a message to riders that guns were not welcome on Metro vehicles.

Connaughton said he did not know whether anyone had ever been told to leave a Metro train or bus for carrying a concealed handgun.

Similar bans were adopted in Austin and San Antonio, among other cities.

Dallas operates the largest transportation system in Texas without such a ban. A spokesman for Dallas Area Rapid Transit said board members chose not to adopt one because they believed it would be illegal.

The Legislature has made changes in the handgun law during the years. The most significant adjustment came in 2003, when local governments lost the ability to ban legally concealed weapons from their buildings.

Gov. Rick Perry signed into law a bill that barred local governments from using state criminal-trespass laws to keep licensed concealed-handgun owners from entering government buildings or offices such as city halls or council members' offices.

Metro cited that law as the impetus for reviewing its policy, although the transit authority never relied on trespass laws to enforce its ban.

Applies only to handguns
The resolution on the board's agenda today would reduce the current prohibition on "the possession of handguns and other dangerous weapons" to a ban on "the possession of dangerous weapons" and the "unlawful carrying of a concealed handgun." Under the new policy, a concealed handgun will not be considered a "dangerous weapon."

James Knouse, 53, and his wife, Mary Ann, two of the four Harris County licensed gun owners who joined the lawsuit, welcomed the change.

Mary Ann Knouse, 51, uses a wheelchair and her husband walks with a cane. They said they did not ride Metro vehicles after the ban for fear that they would be targets.

"It is a dangerous world we live in, and they wanted to stop us from carrying our guns," James Knouse said. "We don't use Metro at all because of their policy, but we might now."

In addition to taking on transportation agencies, Patterson said he will challenge other local governments' restrictions. One possible target, he said, is the requirement that people who lawfully carry handguns into Houston City Hall wear red badges.

"Some folks ask me why I'm doing this," Patterson said. "The answer is, I'll quit when local governments quit ignoring the law."

roma.khanna@chron.com

http://www.chron.com/cs/CDA/printsto...pstory/3011181

[Dave R]

Wow. We win one. Cool.

[Selfdfenz]

Excellent news....

It's enough to make you wish you lived in Houston and rode the bus.
No, er, um, wait a minute.....

I'm glad they did it anyway!!!
S-

[Standing Wolf]

"They implemented these when there was collective hysteria from detractors, who said there would be blood in the streets and shootouts at every four-way stop," Patterson said. "None of that proved true."

The leftist extremists are bitterly disappointed, but still hopeful.

[MaterDei]

San Antonio and Austin are next...

VIA eyed after gun ban lifted in Houston

Web Posted: 01/28/2005 12:00 AM CST

Juan A. Lozano
Associated Press

HOUSTON — People licensed to carry concealed handguns now can take their weapons aboard buses and light rail trains here.

The board of the Metropolitan Transit Authority of Harris County on Thursday repealed its long-standing ban on lawfully concealed weapons.

The change was sparked by a lawsuit filed in October 2003 by several organizations.

"Metro is to be commended. They did the right thing. They did the lawful thing," said Texas General Land Commissioner Jerry Patterson, who also is chairman of the Civil Liberties Defense Foundation, one of the groups that filed the lawsuit.

Next on Patterson's list are transit systems in San Antonio and Austin, as well as other government entities that still have similar bans in place.

"This win gives us more leverage," he said.

Metro had banned such weapons on its buses and trains since 1995, when the Legislature allowed licensed owners to carry concealed handguns in most public places.

In 2003, the state amended that law to prevent Texas cities from banning such weapons from city facilities, including public transit.

Thursday's vote by Metro's board of directors amends its policy, which now prohibits the unlawful carrying of such weapons.

http://www.mysanantonio.com/news/met....4ea5d049.html

[one-shot-one]

this is the first time i heard it was against the rules.
generic on guns, booze, boom box signage but no 30.06 sign!?!?

[MaterDei]

I've been riding for years too and have never seen any signage either.

[Thumper]

If you live on the west side of Houston and work downtown, Park and Ride is the only way to go.

This is good news.

[Lennyjoe]

CNN has a poll asking if it was right or wrong for them to repeal the law.

[jnojr]

CNN has a poll asking if it was right or wrong for them to repeal the law.

Link?

[CentralTexas]

http://www.foxnews.com/story/0,2933,145701,00.html#poll

Hit this Fox Poll about it!

[Sam Adams]

We're winning the Fox poll by 57% to 39% - which means that it ought to get pulled pretty soon.

In 2003, the state amended that law to prevent Texas cities from banning such weapons from city facilities, including public transit.

Don't get me wrong, I'm glad that Houston finally saw the light and changed their rule. However, state law already makes that rule null and void. This is like a city repealing its rule against non-whites sitting in the front half of a bus - its a good thing, obviously, but since the rule in question is of no effect (i.e. no one can be fined, convicted of a crime or otherwise punished for disregarding it), then WHAT'S THE POINT??

I'll be similarly happy when San Antonio and the Peoples Republic of Idiot Leftist Austinites similarly change their ILLEGAL rules for their transit systems, but I'll still be scratching my head. Its like seeing a "No guns allowed" sign, and nothing else. I just laugh to myself, knowing that the sign means as much to me as one saying "No beezelthorping the gwandalbrats, except on Blembullagorgal Day."

I'm serious - can someone please explain to me why this really matters?

[macavada]

I agree Sam Adams. I remember in my CHL class learning that local municipalities could not pass ordinances that were contrary to state law. Those laws in San Antonio and Austin are null and void, and if they try to prosecute a lawful CHL licensee they'll lose.