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Some worried by law that allows drivers to have weapon
The Dallas Morning News ^ | Saturday, January 19, 2008 | STEVE THOMPSON

Posted on 01/24/2008 6:02:27 PM PST by pwatson

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To: onja

I want that law here in georgia.


21 posted on 01/24/2008 6:27:39 PM PST by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: Paleo Conservative

The problem started with ambiguity in older law.

“Texans have always believed that they could travel with a gun, even though traveling wasn’t necessarily defined,” Mr. Isett said.

Since 1996, when the state’s new concealed carry law first allowed those with licenses to carry concealed guns, lawmakers have supported the principal that people didn’t need permits when traveling.

Problem was, nobody quite knew how to define traveling. Did you need to pack a suitcase? Cross the county line? Stay overnight?

In 2005, the Legislature passed a bill to clarify things. It stopped short of defining traveling, saying instead that if drivers met certain conditions, they would be “presumed” to be traveling.

Essentially, you were “presumed” to be traveling if you were not in a gang, not on parole or otherwise prohibited from carrying a gun, not committing any crimes, and did not leave the gun in plain view.

To many prosecutors, the law was as clear as mud. What if a driver met all the conditions to qualify for the “presumption,” but was only headed around the corner for a carton of milk? Was he traveling?

Some prosecutors, such as Bell County Attorney Richard Miller, told their police agencies to keep making arrests much as they had before. In a memo, Mr. Miller advised officers to leave it to his office “to sort out the legal niceties.”

Such policies incensed lawmakers, who said they had created the law to stop such arrests. They also drew the ire of the American Civil Liberties Union, which, in an unusual political partnership, backed the National Rifle Association on the issue.


22 posted on 01/24/2008 6:28:15 PM PST by pwatson
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To: onja

That is a most sensible law. I see no reason to carry a weapon and have to conceal it. Makes no sense.


23 posted on 01/24/2008 6:30:24 PM PST by 353FMG (Vote for the Person who will do the least damage to our country.)
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To: pwatson

I wish this law had been in place when I worked in down town Dallas. I hated being parked at a stopli$% ght, waiting for green so I could get on the high way, and a *&^*! would try to open my passenger side door.
I always kept them locked the moment I was in. But my employer didn’t allow guns on the premises, so I couldn’t carry my Glock with me to work. Although that was probably when I needed it most.
Now it’s law ... and I don’t work in Dallas anymore.


24 posted on 01/24/2008 6:31:03 PM PST by tbw2 (Science fiction with real science - "Humanity's Edge" - on amazon.com)
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To: ButThreeLeftsDo

Open carry with no permit and concealed with permit.

So both.


25 posted on 01/24/2008 6:32:46 PM PST by onja (Reluctant McCain supporter. Best remaining option, strong on my primary issues.)
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To: onja

Same in NC, open carried with no permit, there are few exceptions like parades and sporting events and Govt buildings.

It is a good law, glad Texas has joined the club.


26 posted on 01/24/2008 6:33:23 PM PST by padre35 (Conservative in Exile/ Isaiah 3.3)
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To: pwatson
The officers lacked evidence to attribute the gunfire to the driver, 25-year-old auto technician Jorge Alberto Espinoza. But they did arrest him on a charge of unlawfully carrying the gun.

That arrest, which resulted in a case that is pending, is the sort that officers no longer can make.

"If someone out there is carrying a gun, but they don't have a criminal record, and they haven't committed a crime, and they're not a member of a gang, that tool might be out of our box," Chief Waldrop said.

What tool is that, Chief? Busting people who haven't committed a crime?

27 posted on 01/24/2008 6:33:27 PM PST by varyouga ("Rove is some mysterious God of politics & mind control" - DU 10-24-06)
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To: onja

Got it. Thanks.

Permit required in MN. Open or concealed. Your choice.


28 posted on 01/24/2008 6:36:26 PM PST by ButThreeLeftsDo (Tracking The "Flyin' Imams" since 11/20/06)
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To: imahawk

It’s already law if I’m not mistaken(loaded, in glove box). Go ahead and get your permit anyway so you can pick up good deals at gun shows and avoid over-zealous LEO’s looking for points.


29 posted on 01/24/2008 6:38:38 PM PST by Rocketwolf68 (Bring back the crusades)
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To: pwatson

I’m sorry, but I need to ask: If you can’t carry a pistol in your car, how the hell are you supposed to take it anywhere?


30 posted on 01/24/2008 6:38:47 PM PST by ozzymandus
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To: Candor7

IMO retrieving your piece from the glovebox takes too long. I keep mine tucked between the drivers seat and the center console. Nice and convenient!


31 posted on 01/24/2008 6:39:45 PM PST by diverteach (http://foolishpleasurestudio.com/eyewool/slap_hillary.html)
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To: Paleo Conservative
Oh come on. It's been legal in Texas since the 19th century to have a gun in your vehicle (or on your horse or buggy) if you are travelling across county lines.

Not true. My husband was charged with unlawfully carrying a weapon right after the concealed carry permit law went into effect.

He was pulled over for speeding and a mistake in the computer showed he had a suspended license (he did not), and they hauled him to the Williamson County jail on a Saturday afternoon. When they towed his truck, he had a gun in the glovebox and they added the weapons charge.

The next day when he saw the judge, they immediately discovered the clerical error regarding the suspended license and dismissed it, but the judge told my husband to get a lawyer to deal with the gun charge. They didn't care that he was in Williamson County and we lived in McLennan County.

It cost us over $4000 and took 18 months, and he had to plead guilty to disorderly conduct, but he eventually got his gun back and the right to get a CHL.

32 posted on 01/24/2008 6:43:24 PM PST by kellyrae
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To: mysterio
It’s bad enough that drivers have weapons, but now even the weapon drivers have weapons?

I hope they have somebody riding shot gun.

33 posted on 01/24/2008 6:44:50 PM PST by Graybeard58 ( Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: pwatson

Who would be worried?

Other than the criminals?


34 posted on 01/24/2008 6:46:28 PM PST by BenLurkin
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To: diverteach
The glove box is for ammo!LOL

LOL. I usually have mine between the folds of an OD folded military wool blanket. At other times in a shoulder holster, on my person, under jacket.

I pick between an H&K VP70 ZX, and a Colt Python.

In 20 years, never had to pull 'em yet.

And the only person who knows is wifey, which is the way I like it.

35 posted on 01/24/2008 6:58:01 PM PST by Candor7 (Fascism? All it takes is for good men to say nothing.)
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To: Rocketwolf68

I keep it between the seat and console for quik access. When I have been pulled over I just let the LEOs know I have a weapon in the car is all.Have had no problems and i let them know I am on their side.


36 posted on 01/24/2008 6:58:59 PM PST by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: diverteach

I live North of Houston. I keep a Taurus P145 Mellenium Pro in the glove box.


37 posted on 01/24/2008 7:01:14 PM PST by Antoninus II
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To: pwatson
>>took effect in September,<<

Uh oh! I thought that's what that box on the right side of the dash was for. Why else would my 38 fit it so well?

38 posted on 01/24/2008 7:01:29 PM PST by Muleteam1
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To: Antoninus II

Lots of people downtalk Taurus as being an inferior product. I LOVE my Taurus .357, it’s my favorite.


39 posted on 01/24/2008 7:03:46 PM PST by diverteach (http://foolishpleasurestudio.com/eyewool/slap_hillary.html)
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To: pwatson
The author tries every angle to make the reader distrust this law. Example:

"...To many prosecutors, the law was as clear as mud. What if a driver met all the conditions to qualify for the "presumption," but was only headed around the corner for a carton of milk? Was he traveling?..."

The author repeatedly tries to play up the ambiguity of the word "traveling" and gets no traction. He assumes the reader drank the gun control Kool Aid also, but his bias is apparent to me.

40 posted on 01/24/2008 7:04:04 PM PST by -=SoylentSquirrel=-
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