CHL Related Court Cases

October 28, 2008

November 4 is Election Day. Our right to vote is also an obligation to help chose those who will make the decisions for our country.
Be sure that the person WE vote for has a program and belief to ensure the people’s rights in all phases of life. The more we allow the government to take care of us and the more laws, codes and rules we put in place; the more freedom we give up.

We are doing a special Basic Handgun Class at the Lone Star Gun Range on Saturday, November 15.

The Personal Protection in the Home class is a very in depth study on preparation, practice, thought processes, and working with your family to be prepared. We have done one class and are working on simple drills to help you improve your defensive shooting. It takes approximately 8 - 9 hours. Let us know if you have people interested. Our next class will probably be in January.

The Heller Supreme Court Decision came in favorably and affirms our right to be able to defend yourself, but just barely.
The opinion is very good and gives a great history for the basis of the decision. Hopefully this is the first of many good decisions that will enable people to be free in this great land but it will require us all to be involved, prepared, and willing to stand up for our rights. Be aware of what is happening around you, keep involved inthe daily decisions of your communities and make sure that decisions are not made that may chip away our rights piece by piece.

Several cases have been brought to our attention. One, Mr. Horn in Pasadena. The Grand Jury has “no billed” him of any charges in his defense of his neighbor’s property being stolen. This is the perfect case for believing in your decisions. He said “I know that” there is a new law and we don’t have to put up with this any more. He believed that he was doing right even though the new law may not have exactly meant what he believed according to some. (He still had to pay a great price in bad publicity, money for attorneys and harassment.)

A second case was a young man here in Austin who did not have a concealed handgun license. He was stopped with a loaded handgun in his console. He told the policeman about the handgun. He was arrested and charged with illegally carrying in spite of the new laws that passed September, 2007. His attorney pled him guilty and as part of the punishment he had to come and take a class. He can’t apply for a license because of the plea.

We have been told that the powers that be don’t feel the deputies and policemen capable of deciding if you are “legally where you are, not doing any of the exceptions, and have the right to have the handgun in your car.” What ever the problem is, tell anyone who does not have a CHL license to be careful carrying a handgun in their vehicle especially in the city areas.

Another touchy area is the new Education Code law that a weapon cannot be intentionally exhibited, used or threatened to exhibit or use, including parking lot, garages or parking areas or on a school bus used to transport children. Section 37.125. The Department of Public Safety says that with your CHL license you can still have your gun locked in the car on the parking lot when you go to the school to talk with the teachers or pick up your child.

Even though ISD agreed to remove the signs prohibiting CHL licensees from parking in the parking lot, be cautious of entering if the sign is present. It appears some are still out there. Let Alice Trip of the Texas State Rifle Association know if you see one of these signs.

We are still having delays in issuances of licenses and renewal licenses. According to an article in the CHL Instructor’s Association newsletter, a spokeswoman for DPS at a meeting concerning the delays in issuance of licenses said your license information would still be available to the DPS trooper showing that you have an expired license. Some feel they can still carry in their vehicle under the Motorist Protection Act even though their license is expired and further that they are not required to tell the officer they have a gun in the vehicle under that act. Can’t give you legal advice, but suggest if you decide to do such that you seek legal guidance to be sure you don’t jeopardize you CHL license for many years to come. Our suggestion is that you begin your application for renewal as soon as you get your notice from DPS or as soon as you realize it is 6 months prior to your expiration.

There is a waiver of taking the class and qualification at the range for renewals who are doing their 3rdrenewal - got your license, renewed once, renewed twice and on the 3rdrenewal. You still must request your application package from DPS (512/424 7293), complete it, have fingerprints, photos, and notarization of your affidavits and send you renewal fee to DPS.To find out if you qualify, call for your renewal application package and ask the person you talk to if you qualify for not taking the class and range qualification.

We are doing the fingerprints, photos, and notaries for those who don’t need the class if you want to come to one of our classes right after the range time. The charge is $35.00. Just give us a call so we know you are coming.

If you are traveling, be sure to check when and how you can carry at http://www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htmor at the Texas Concealed Handgun Association website http://www.txchia.org. You must carry in their state under their rules.

We will try to keep you posted on cases and decisions that may affect your carry license. Lots of people are applying for licenses or reapplying for licenses they have let lapse. Should improve the number licenses in the state of Texas. Let us know if you have stories or events that may give incite into the best ways to carry, interpretations of the laws by authorities or courts or anything that may affect the concealed handgun carrier in this state.

Ross and Dottie

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