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91
Ask the Lawyers / Church Security Team and Florida Law
« Last post by 10canyon53 on November 20, 2017, 11:18:40 AM »
My church is putting together a security/medical team and I was wondering just how organized we can get while staying within Florida law.  The team is all volunteer and is not restricted to CWFL licensees.  In fact, volunteers are not even asked whether they have a CWFL or carry concealed.  The core of the team is made up of law enforcement officers and EMS personnel.  To stay legal, does all organization need to stay verbal, not written down?  Can we get training as a group, or does all training have to be acquired privately and individually?  Is there a level of organization that requires a security license?  Are there any other legal issues we need to be aware of?  We are trying to provide a safe environment while staying on the right side of the law.
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Ask the Lawyers / Re: Tasers and Stun Guns in NJ
« Last post by tj4214 on November 17, 2017, 07:03:09 PM »
This might help look for a copy of the - New_Jersey_Use_of_Force_Booklet  - this can be download if you are a member.
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Ask the Lawyers / Re: How to handle an issue when someone is pick pocketed
« Last post by TexasLawShield on November 15, 2017, 03:32:39 PM »
In the scenario you described, unfortunately, there is little you can do as a law-abiding citizen to keep that person from escaping. You can use force to protect or recover your property, but you are not allowed to use force once the property is recovered.

Detaining someone at the scene is typically considered a “citizen’s arrest.” In Texas, citizens are only allowed to arrest someone when they witness the person commit a felony or an offense against the public peace. This is a limited scope, that requires (1) a felony, and (2) that the citizen witness the crime. In you case you did not witness the crime, and the crime was probably not a felony.  It should be noted that even if you are allowed to perform a citizen’s arrest, you still might not be justified in pulling your firearm. You can threaten to use deadly force. However, at no point may you actually use deadly force for the purpose of detaining someone at the scene.

As your rightly pointed out, drawing your firearm in this scenario would be a non-justified use of force or even deadly force. 


94
Ask the Lawyers / Re: Carrying to an "un-Designated" Sporting Event
« Last post by TexasLawShield on November 15, 2017, 03:31:49 PM »
Halftime Oracle,

(1) You are most likely correct that a club sporting event is excluded from TPC 46.035(b)(2). Section 46.035(b)(2) prohibits LTC holders from carrying a handgun at a “high school, collegiate, or professional sporting even or an interscholastic event.” Clearly, what you described will not fall into high school, interscholastic, or collegiate events, even if the participants are the age of schoolchildren. For instance, it is perfectly acceptable to carry your handgun at a “pee wee” football game, as long as it isn’t school sponsored or posted with 30.06/30.07 signs.

Unfortunately, we do not have a definition for what constitutes a “professional” sporting event, so it is a bit of a gray area. A general rule is that as long as the game is amateur in nature, it likely falls outside of 46.035(b)(2). But, it’s worth noting that the event can morph into something different. For example, if there is a significant prize associated with victory, it may cross the line into a professional sporting event and into the territory of TPC 46.035. Based on your description, these club sporting events are likely amateur events outside the scope of TPC 46.035(b)(2).

To be on the safe side, any time you may be going to an event that may fall under TPC 46.035, please feel free to contact Texas Law Shield and speak with an independent program attorney.

(2) Under Texas Penal Code 30.06 and 30.07, any written notice provided by the organization must be consistent with the text of the statute or be substantially compliant so as to give you effective notice. Whether a sign has given you effective notice is ultimately up to a judge and jury.

With that in mind, the policy written on the club’s website will be insufficient. Remember though, the organization is entitled to post 30.06/30.07 signs at the entrance or to give you oral notice that carry is prohibited. Either approach is enforceable with criminal penalties, and if you’re given oral notice, refusal to leave is a class A misdemeanor.
95
Ask the Lawyers / Tasers and Stun Guns in NJ
« Last post by fakwak1987 on November 13, 2017, 08:52:36 PM »

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NJ Taser and Stun gun law
« on: November 11, 2017, 04:41:40 PM »
NJ recently was taken to court by the New Jersey Second Amendment Society(NJ2AS.org) and the States 30+ year old law on tasers was deemed unconstitutional. Will USLAWSHIELD cover the members for any issues we may have carrying these protection devices?
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General Firearms Law Discussion / Re: NJ Taser and Stun gun law
« Last post by Neighbor on November 13, 2017, 07:38:52 PM »
Might want to ask this question in the "Ask the Lawyer" section.
97
Gun Talk / Re: Issues finding a good open carry hip holster
« Last post by 10canyon53 on November 11, 2017, 05:04:53 PM »
Check out the Alien Gear Cloak Mod OWB Holster.

http://aliengearholsters.com/alien-gear-cloak-mod-owb-holster-outside-the-waistband.html

I have one for my M&P Shield 9 and one for my S&W SD9VE and am very pleased with both.  My Shield does not have the Crimson Trace but Alien Gear does offer a shell for the Shield 9 with the Crimson Trace LG-489.
98
General Firearms Law Discussion / NJ Taser and Stun gun law
« Last post by fakwak1987 on November 11, 2017, 04:41:40 PM »
NJ recently was taken to court by the New Jersey Second Amendment Society(NJ2AS.org) and the States 30+ year old law on tasers was deemed unconstitutional. Will USLAWSHIELD cover the members for any issues we may have carrying these protection devices?
99
Ask the Lawyers / Carrying in ATV parks
« Last post by Txer on November 08, 2017, 11:31:41 PM »
Want to start visiting a few different ATV parks in Texas to ride some trails.  I would like to be able to conceal carry my handgun (or have in ATV box).  Is there any issue carrying at an ATV park?
100
Ask the Lawyers / Re: Legal Aliens Concealed Carry
« Last post by TexasLawShield on November 08, 2017, 04:12:59 PM »
leeoconnor2522,

You’ve started an interesting discussion. This is a place where the actions of Texas DPS may not be strictly compliant with the state or federal law. While it’s great that you were issued your LTC, whether or not you were eligible poses an interesting question.

Texas Government Code § 411.172 lists the criteria for obtaining a Texas LTC. Among that criteria is that a person must be “fully qualified under applicable federal and state law to purchase a handgun.” An individual must be eligible to purchase a handgun in order to be eligible for a Texas LTC, and this is why Texas DPS usually will not grant an LTC to a nonimmigrant alien.

Federal law specifically prohibits individual who “ha[ve] been admitted to the United States under a nonimmigrant visa” from owning firearms under 18 U.S.C. § 922(g)(5)(B). There are some exceptions to this rule. Notably, 18 U.S.C. 922(y)(2)(A) provides an exception for aliens who are “in possession of a hunting license or permit lawfully issued in the United States.” This exception allows a nonimmigrant alien who is legally in the United States and who has a valid hunting license to purchase firearms under federal law. If this is the case, that individual will be eligible to obtain a Texas LTC. Otherwise, a nonimmigrant alien is not eligible. The other exceptions to the prohibition on nonimmigrant aliens purchasing firearms apply solely to official representatives of foreign governments or foreign law enforcement officers.

As you can see, this is a complicated issue involving the interplay of state and federal laws. Since you were admitted under a work visa (I-766), you are technically a nonimmigrant alien until you are approved and receive your Green Card. But, if you fall into one of the exceptions under federal law—particularly the hunting license exception—you may still be eligible for your LTC. Once you are approved and receive Green Card status, you are no longer a nonimmigrant, and these disqualifications no longer apply.

If you choose to carry and do not fit into the exception we discussed, be careful. The penalty for possessing firearms as a nonimmigrant alien is 10 years imprisonment and/or a $250,000 fine. We understand that this intersection between immigration law and firearms law can be a bit tricky so feel free to reach out to our independent program attorneys with any additional questions or concerns that may arise.
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