Quantcast

So this just happened in TEXAS

Discussion in 'Legal' started by xxjumbojimboxx, Sep 3, 2013.

Thread Status:
Not open for further replies.
  1. xxjumbojimboxx

    xxjumbojimboxx Member

    Joined:
    Oct 24, 2011
    Messages:
    1,342
    Location:
    Southern Colorado
    Check out this bill... Does anyone else think its a potential conflict of interest...


    Either way... check it out.. and lets see what you guys think...


    By: Perry, et al. H.B. No. 1421




    A BILL TO BE ENTITLED


    AN ACT

    relating to the disposition of certain seized weapons.
    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    SECTION 1. Article 18.19, Code of Criminal Procedure, is
    amended by amending Subsections (c), (d), and (e) and adding
    Subsection (d-1) to read as follows:
    (c) If there is no prosecution or conviction for an offense
    involving the weapon seized, the magistrate to whom the seizure was
    reported shall, before the 61st day after the date the magistrate
    determines that there will be no prosecution or conviction, notify
    in writing the person found in possession of the weapon that the
    person is entitled to the weapon upon written request to the
    magistrate. The magistrate shall order the weapon returned to the
    person found in possession before the 61st day after the date the
    magistrate receives a request from the person. If the weapon is not
    requested before the 61st day after the date of notification, the
    magistrate shall, before the 121st day after the date of
    notification, order the weapon destroyed, sold at public sale by
    the law enforcement agency holding the weapon or by an auctioneer
    licensed under Chapter 1802, Occupations Code, or forfeited to the
    state for use by the law enforcement agency holding the weapon or by
    a county forensic laboratory designated by the magistrate. If the
    magistrate does not order the return, destruction, sale, or
    forfeiture of the weapon within the applicable period prescribed by
    this subsection, the law enforcement agency holding the weapon may
    request an order of destruction, sale, or forfeiture of the weapon
    from the magistrate. Only a firearms dealer licensed under 18
    U.S.C. Section 923 may purchase a weapon at public sale under this
    subsection. Proceeds from the sale of a seized weapon under this
    subsection shall be transferred, after the deduction of court costs
    to which a district court clerk is entitled under Article 59.05(f),
    followed by the deduction of auction costs, to the law enforcement
    agency holding the weapon.
    (d) A person either convicted or receiving deferred
    adjudication under Chapter 46, Penal Code, is entitled to the
    weapon seized upon request to the court in which the person was
    convicted or placed on deferred adjudication. However, the court
    entering the judgment shall order the weapon destroyed, sold at
    public sale by the law enforcement agency holding the weapon or by
    an auctioneer licensed under Chapter 1802, Occupations Code, or
    forfeited to the state for use by the law enforcement agency holding
    the weapon or by a county forensic laboratory designated by the
    court if:
    (1) the person does not request the weapon before the
    61st day after the date of the judgment of conviction or the order
    placing the person on deferred adjudication;
    (2) the person has been previously convicted under
    Chapter 46, Penal Code;
    (3) the weapon is one defined as a prohibited weapon
    under Chapter 46, Penal Code;
    (4) the offense for which the person is convicted or
    receives deferred adjudication was committed in or on the premises
    of a playground, school, video arcade facility, or youth center, as
    those terms are defined by Section 481.134, Health and Safety Code;
    or
    (5) the court determines based on the prior criminal
    history of the defendant or based on the circumstances surrounding
    the commission of the offense that possession of the seized weapon
    would pose a threat to the community or one or more individuals.
    (d-1) Only a firearms dealer licensed under 18 U.S.C.
    Section 923 may purchase a weapon at public sale under Subsection
    (d). Proceeds from the sale of a seized weapon under Subsection (d)
    shall be transferred, after the deduction of court costs to which a
    district court clerk is entitled under Article 59.05(f), followed
    by the deduction of auction costs, to the law enforcement agency
    holding the weapon.
    (e) If the person found in possession of a weapon is
    convicted of an offense involving the use of the weapon, before the
    61st day after the date of conviction the court entering judgment of
    conviction shall order destruction of the weapon, sale at public
    sale by the law enforcement agency holding the weapon or by an
    auctioneer licensed under Chapter 1802, Occupations Code, or
    forfeiture to the state for use by the law enforcement agency
    holding the weapon or by a county forensic laboratory designated by
    the court. If the court entering judgment of conviction does not
    order the destruction, sale, or forfeiture of the weapon within the
    period prescribed by this subsection, the law enforcement agency
    holding the weapon may request an order of destruction, sale, or
    forfeiture of the weapon from a magistrate. Only a firearms dealer
    licensed under 18 U.S.C. Section 923 may purchase a weapon at public
    sale under this subsection. Proceeds from the sale of a seized
    weapon under this subsection shall be transferred, after the
    deduction of court costs to which a district court clerk is entitled
    under Article 59.05(f), followed by the deduction of auction costs,
    to the law enforcement agency holding the weapon.
     
  2. xxjumbojimboxx

    xxjumbojimboxx Member

    Joined:
    Oct 24, 2011
    Messages:
    1,342
    Location:
    Southern Colorado
    This is what I don't like right here....


    "Proceeds from the sale of a seized weapon under this
    subsection shall be transferred, after the deduction of court costs
    to which a district court clerk is entitled under Article 59.05(f),
    followed by the deduction of auction costs, to the law enforcement
    agency holding the weapon."

    It kind of lend to the idea that the more guns that get confiscated, the more guns they'll be able to sell in the long run.
     
  3. xxjumbojimboxx

    xxjumbojimboxx Member

    Joined:
    Oct 24, 2011
    Messages:
    1,342
    Location:
    Southern Colorado
    I also don't like this

    "Only a firearms dealer licensed under 18 U.S.C. Section 923 may purchase a weapon at public sale under Subsection"

    Why not let everyone in on the action?
     
  4. medalguy

    medalguy Member

    Joined:
    Mar 20, 2009
    Messages:
    3,260
    Location:
    New Mexico
    The FFL requirement may have been the only way this could get passed.
     
  5. xxjumbojimboxx

    xxjumbojimboxx Member

    Joined:
    Oct 24, 2011
    Messages:
    1,342
    Location:
    Southern Colorado
    Perhaps... but if the end buyer can buy it from the ffl...why not just sell it to the end buyer...sounds like a nice way for an ffl to get guns on the cheap
     
  6. Texan Scott

    Texan Scott Member

    Joined:
    May 2, 2012
    Messages:
    3,184
    Location:
    The Texas Hill Country
    Texas law already had strict guidelines on returning firearms if no arrest takes place. Now they have strict guidelines on returning firearms if an arrest takes place but no charges are filed, or if charges are filed but beaten.

    They're closing loopholes, and in a manner that favors the gun owner incontrovertibly in the absence of a criminal conviction. They are ensuring we aren't deprived of rights or property without due process of law, and being clearer about what constitutes "due process".

    I have no problem with this.
     
  7. Speedo66

    Speedo66 Member

    Joined:
    May 31, 2008
    Messages:
    5,614
    Location:
    Flatlandistan
    Good start.
     
  8. bdickens

    bdickens Member

    Joined:
    May 1, 2008
    Messages:
    1,076
    Location:
    Hockley , TX
    Among the CHL law itself, the strict requirements concerning "effective notice" necessary for businesses to disallow concealed carry, the Motorist Protection Act (the gist of which is that if it is legal for you to own a handgun, it is legal for you to carry it in your car - no license required) and the Parking Lot Law, it is pretty obvious that Texas is one of those states that wants its citizens armed.
     
  9. Unistat

    Unistat Member

    Joined:
    Jul 21, 2008
    Messages:
    503
    Location:
    SE Michigan
    I don't really know if this is the reason, but the issue could be that the PD/government are NOT FFLs. Can they regularly sell guns as a business enterprise to another non-FFL? Maybe, maybe not. I can see a bit of CYA there.
     
  10. borntxn

    borntxn Member

    Joined:
    Apr 9, 2006
    Messages:
    14
    Although I agree we have to be careful to assume our perception of the situation is the full picture. IOW all the parties they have to satisfy to get this stuff passed require compromise.

    Well said.
     
Thread Status:
Not open for further replies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice