Carry in your car in Texas

[ProficientRifleman]

This is from KVUE news in Dallas... Source: http://www.kvue.com/news/state/stories/102607kvueconcealed-bm.1ac217c24.html

In the past, a person without a gun license had to be traveling across county lines to drive with a concealed weapon. Now, any law-abiding citizen can drive while armed.

So, according to the Dallas District Attorney's Office, the bad side is not having an offensive attack against would-be criminals.

"Under the old law, maybe we could catch people before they broke the law with that gun," said Assistant District Attorney John Grau. "With the current law, we have to let them go."

So let me see if I have this strait...The District Attorney now has to wait until someone actually commits a crime before they can arrest and prosecute them? I mean, people can now just...go about, minding their own business, and this is one less area the State can mess with them?

Can't you just hear the grunting and squealing in frustration coming from the DA's office?

 

[K3]

The previous law said 'traveling'. No mention of county lines. Some judges/officers felt crossing county lines constituted travelling. Others did not. The law was vague and open to a lot of interpretation. It's better now. Not perfect but definitely better.

Oh, and Dallas isn't in Texas. At least not anymore.

 

[ProficientRifleman]

I was commenting on the Prosecutor's attitude...attitude toward you and me and everyone else who does something as sane and rational as carry defensive weaponry when we are out and about.

 

[Jimmie]

The idea of an "offensive" police force scares me.

 

[K3]

I realize that, but it irritates me when reporters can't get things right.

 

[Frog48]

The idea of an "offensive" police force scares me.

That concept scares me too.

"Under the old law, maybe we could catch people before they broke the law with that gun," said Assistant District Attorney John Grau. "With the current law, we have to let them go."

This attitude sickens me... his assumption that anybody carry a gun is obviously up to no good. He completely dismisses the possibility that a gun owner is a law-abiding citizen.

 

[K3]

Remember what the DAs in Houston and Austin said after the first revision of the law. They called for arrests anyway and would let the courts sort it out. Not the intention of the lawmakers who tried to clarify. Thus the current version.

I'd just as soon see Vermont style carry. After all, this is Texas. But that's another thread.

 

[Working Man]

The idea of an "offensive" police force scares me.

I already find some of them to be offensive.... but thats just their political stance.

"Under the old law, maybe we could catch people before they broke the law with that gun," said Assistant District Attorney John Grau.

What happened to innocent until proven guilty?

 

[Bartholomew Roberts]

This is a part of a press offensive by the Dallas DA Craig Watkins to complain about the new bill. You can read more of the same here:
http://www.dallasobserver.com/2007-10-25/news/have-gun-will-travel/

Essentially his complaint is that because the bill also allows you to carry your weapon concealed between your premises and the car, it essentially does away with the concealed carry law because he claims it is "impossible" to prove you weren't walking to your car.

In the article I linked to, a local police officer (apparently one not well versed in the law) also claims that they have to let drug dealers with Glocks under their seat go because they can't prove they are travelling. The officer says that police officers can't do thorough criminal background checks on routine stops so they don't know whether the person is a convicted felon. Of course how he managed to determine they were a drug dealer isn't explained either... it seems the problem is mostly that Dallas officers have received no training on this issue.

They also quote Plano PD in the story who has received training on the law and is a less alarmist (though not many good quotes seem to have made it through there either).

Frankly, I'm not real sympathetic to the Dallas DA. First of all, I don't think that proving you weren't walking from your premises to your vehicle is quite the impossibility he seems to think it is. Second, Texas DAs can thank their compadres in Harris and Tarrant counties for making it necessary to broaden the law. If these DAs had not been harassing law-abiding gun owners with their nonsense, the legislature would not have needed to widen the statute further.

 

[Frog48]

As said by Dallas County DA Craig Watkins:

"I see it as a possibility for a lot of individuals with criminal intent to be carrying weapons."

This dude is such a clown.

I'm pretty sure that if an individual had criminal intent, they'd be carrying a weapon anyway, regardless of what the law says... since a criminal, by definition, does not respect the law to begin with.

 

[JohnKSa]

This revision of the law was necessitated by public statements of civil disobedience by many TX DAs. It was so egregious that it came to the attention of the ACLU who partnered with TSRA to create response document called "Above the Law".

The TX legislature didn't take kindly to many DAs thumbing their noses at the law and made the revision bulletproof. It's no wonder the DAs are whining now that their attempt to legislate got them publicly spanked.

 

[AndyC]

...Texas DAs can thank their compadres in Harris and Tarrant counties for making it necessary to broaden the law. If these DAs had not been harassing law-abiding gun owners with their nonsense, the legislature would not have needed to widen the statute further.

Hear, hear.

 

[Fburgtx]

If they were really a "drug dealer", then odds are they would have a criminal past which would make it illegal for them to have a gun, period. So, they could still arrest these folks. As for their line of thinking about stopping crimes before they happen (supposedly), it reminds me of this story:

Back in the 1880's, and old cowboy rode in to town and decided to stop at the saloon and get a drink. It just so happened that the local sheriff was hanging out in front of the saloon. As the old cowboy got off his horse, a pair of wire-cutters fell out of his pocket. The sheriff saw this and came over. "I'm afraid I'm gonna have to arrest you, pardner." "What for?", said the cowboy. "Fence cuttin', it's illegal down here!" "Well, I wasn't cuttin", said the cowboy. "Well, you were carrying the equipment, so I'm charging you with the crime", replied the sheriff. "Well hell, if that's the way you're gonna be, why don't you charge me with rape, too!!!", said the cowboy (obviously referring to the "equipment" between his legs).

P.S If they can do an NICS check on me in less than 2 minutes, why can't they do a criminal background check on a potential felon in the same amount of time. Sounds like the problem is their computer system, not the law!!!!!!

So according to some of these DA's and cops, anyone carrying a gun, is obviously a drug dealer or murderer (or is about to be)!!! As I mentioned, if they were a felon, then gun possession would be a crime, anyway. If they had drugs on them, then they can just bust them for the drug charge.

 

[Jimmy Newman]

Actually... the Harris Country (which mostly contains Houston, for those who are not from Texas or don't know) DA has stated on the record that he doesn't care what the new law says and will still prosecute any persons arrested for driving with loaded handguns in their vehicles (and also instructed LEO's in Houston to arrest people for driving with loaded handguns in their vehicles).

I think that's a little worse than the DA in Dallas...

 

[Warbow]

Actually... the Harris Country (which mostly contains Houston, for those who are not from Texas or don't know) DA has stated on the record that he doesn't care what the new law says and will still prosecute any persons arrested for driving with loaded handguns in their vehicles (and also instructed LEO's in Houston to arrest people for driving with loaded handguns in their vehicles).

Can we get a link to this statement of his?

 

[JohnKSa]

Actually... the Harris Country (which mostly contains Houston, for those who are not from Texas or don't know) DA has stated on the record that he doesn't care what the new law says and will still prosecute any persons arrested for driving with loaded handguns in their vehicles (and also instructed LEO's in Houston to arrest people for driving with loaded handguns in their vehicles).

I think that this statement pertains to the previous revision of the law, not the current version. I could be wrong though. Like Warbow, I'd be interested to see a link.

 

[ProficientRifleman]

It is my hope and my prayer that public officials such as these are on their way to political extinction. I don't believe their attitudes are reflective of the populations which they "serve".

Those with the arrogant attitude displayed by the Dallas DA have had a free ride in the press up until the last ten years. With the proliferation of the new media and instant transference of information, they cannot get away with making such public statements and having them whitewashed by the MSM.

Now they erupt with statements such as these and then immediately start to back-peddle and swear up and down they didn't really mean it, or worse, say they are sorry for offending anyone and that their remarks were not well "thought out"...translation being, "I really meant every word I said, its just an inconvenience that you low-life mere citizens heard me clearly"

The tide is turning, folks...let us all pray it is not too late.

PR

 

[Skibane]

Essentially his complaint is that because the bill also allows you to carry your weapon concealed between your premises and the car, it essentially does away with the concealed carry law because he claims it is "impossible" to prove you weren't walking to your car.

Hmm, this line of reasoning has a powerful appeal!

After all, given enough time, my travels on foot almost always put me in eventual contact with my vehicle...

 

[Jimmy Newman]

RE: the link you guys requested, I remember reading it in the Houston Chronicle when the statement was made, and have found references dating from around the time the law passed in blogs and on other sites, including links to chron.com (the Houston Chronicle's webpage) articles, but unfortunately the articles are no longer up on chron.com. I'll keep looking.

EDIT: It looks like these statements may be in regards to the 2005 law which attempted to fix the "traveling" loophole by saying that someone was presumed to be traveling if they could lawfully posses a firearm and were not engaged in criminal activity, as opposed to the new law which basically makes a motor vehicle the same as your home. I thought I remembered more recent statements, but all I could find are articles pertaining to the 2005 law. I'll look around some more later.

I would be interested to know what Rosenthal thinks about this one. I bet it's got his underwear tied up in knots.

 

[Geno]

Actually... the Harris Country (which mostly contains Houston, for those who are not from Texas or don't know) DA has stated on the record that he doesn't care what the new law says and will still prosecute any persons arrested for driving with loaded handguns in their vehicles (and also instructed LEO's in Houston to arrest people for driving with loaded handguns in their vehicles).

There's vacancy for a D.A. near Duke University.

 

[TallPine]

This is good news.

So it looks like I'm good to go if I want to go visit my biological father in the Texas Panhandle. I think I will slip around from New Mexico though - not sure about Oklahoma ....?

 

[revjen45]

Texas is a parallel universe. I was sited and fined for getting hit by a delivery van with its lights off while crossing a street as a pedestrian. When I called a lawyer he had to look up the law under which I was fined.
When you need a lawyer to cross the street the Universe has gone crazy, and TX is a crazy place.

 

[Frog48]

Texas is a parallel universe. I was sited and fined for getting hit by a delivery van with its lights off while crossing a street as a pedestrian.

Were you crossing in a designated crosswalk? If not, you could be cited for jaywalking, in any state.

But you're right, it does seem a bit ridiculous.

 

[MechAg94]

Sounds like a story you need to share. I have never heard of anything like that.

 

[mons meg]

So it looks like I'm good to go if I want to go visit my biological father in the Texas Panhandle. I think I will slip around from New Mexico though - not sure about Oklahoma ....?

Tallpine, is that with or without a concealed weapon permit? With a permit, you're good. Without, I'd just unload it and throw it in the trunk if you're super paranoid. Absent the license, it's a $70 fine for loaded carry in the car. And some of us are working on that...