Author Topic: TLS and 30.06 arrests  (Read 5007 times)

Ruark

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TLS and 30.06 arrests
« on: November 04, 2014, 02:42:26 PM »
First, thanks to TLS for starting this forum site and for being actively involved in its operation.  I just registered, and have a question.

It's not completely clear just when TLS does and doesn't provide assistance to its members.

For example, does TLS provide legal assistance in cases where you are unjustifiably arrested for a 30.06 violation?  I entered a movie theater recently (unarmed) and noticed 30.06 signs that were perfect, but the letters were 1/2" tall instead of the required 1".  I thought to myself, "if I carried in there and got arrested, would TLS help?"  Would you?  What if it wasn't "close" - say if it were some totally invalid, generic gunbuster sign and I were arrested by an overzealous LEO? Would TLS help then?  Even if the case were thrown out, I could still incur significant legal costs which I can't afford.

Another example is being arrested for failure to conceal, when it's due to an unintentional exposure (e.g. wind blowing your shirt up) or questionable printing.  Say somebody spots your firearm and gets hysterical and calls the police.  Would TLS help?

Your web site states that TLS will come to your assistance if you "use" your firearm, but it would be helpful to know just what your specific criteria are for providing assistance.

Thanks again for this site,
Ruark
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Ruark

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Re: TLS and 30.06 arrests
« Reply #1 on: November 06, 2014, 08:47:04 AM »
It'd be nice to get a response to this post.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

spanman

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Re: TLS and 30.06 arrests
« Reply #2 on: November 07, 2014, 09:28:55 AM »
Ruark, Sometimes it takes them a day or two, they will respond, you might try posting on the "Ask the lawyers forum".
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

yabu

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Re: TLS and 30.06 arrests
« Reply #3 on: November 09, 2014, 07:33:42 AM »
My impression is that the TLS lawyers only get involved in cases where you actually use your weapon.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: TLS and 30.06 arrests
« Reply #4 on: November 18, 2014, 09:09:37 AM »
Ruark,

It is my understanding that you are primarily concerned with the language in our contract restricting coverage to events involving a use of a firearm where justification is a defense.  That is the core of our program and that is what it was designed to protect and cover.  Your reading of the contract is correct.  However, we have underwritten several cases over the years for our members that were not covered by the technical terms of our contract.  Our program was started by staunch Second Amendment supporters and we look for every opportunity to help our members and advance overall gun rights, even though their particular case may not be covered by the contract.  We have helped members with wrongful arrests, inadvertent displays, all the way to open carry issues   This is on a case-by-case basis at our discretion, but we truly do want to stem the tide of anti-gun officials, law enforcement and misguided beliefs.        

We have provided program attorneys to our members in a number of cases where the conduct was not directly covered.  In fact, we have about dozen cases pending right now that do not involve a defensive use of a firearm.  While we want to help in certain cases where the Second Amendment is impaired, the language in our contract purposefully excludes certain categories of conduct (for example, taking your AR to an elementary school as a protest, intentionally carrying in a bar serving alcohol, but later claiming it was inadvertent,  carrying on an airplane, etc.).

In the 30.06 example, while the gun buster sign is completely incorrect, we do advise our members to be wary of 30.06 signs where the only incorrect facet is one such as coloring, or letter height. There has been no case law at the appellate or supreme court level showing whether or not you received notice by .99 inch letters instead of 1 inch letters, so we certainly advise caution in carrying past such signs.

Similarly, in the examples pertaining to failure to conceal, it is not against the law to accidentally print or unintentionally expose parts of your firearm. The law states that it is illegal to intentionally display your handgun in a public place to another person.

I hope you found this information helpful. Feel free to let us know if you have any other questions.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »