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Ask the Lawyers / Legality of carrying with "Clipdraw"
« Last post by mrjlw on January 17, 2018, 03:23:27 PM »
I am by no means a lawyer, but it would seem to me that since "Clipdraw" is technically not a holster, it would potentially be unlawful to use in Texas. Is "Clipdraw" lawful or unlawful to use in Texas?

I was reading through some Penal Code and found this, and thus why I am questioning the legality of this product (which I absolutely love, so it would suck if I can't use it). The specific portion in question is in bold.

"Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person:
(1)  intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and
(2)  is not:
(A)  on the person's own premises or premises under the person's control; or
(B)  inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1)  the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
(2)  the person is:
(A)  engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;"
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So You Had To Use A Gun, Now What?

Is this valid in Wisconsin/Are there lawyers in Wisconsin to protect me?
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Ask the Lawyers / Loaded Truck Gun with Handgun License in OK
« Last post by swatkins on January 13, 2018, 06:13:03 AM »
I have an OSBI issued handgun license. I’d like to start carrying an AR 15 in my truck. So I have a few questions:
 
  • can I store the rifle loaded under the back seat?
  • can the rifle be chamber loaded? If not, can it be mag loaded, chamber empty?
  • If it’s an AR pistol chambered in 5.56, can it be fully loaded?

I appreciate your time.
swatkins
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Hello -  We live in Va Beach, Va.  My son is taking archery through the local Rec Center.   Being a responsible parent and citizen, i've read the ordinances and they appear to allow practice on your private property, when exercising prudent safety as follows:

"It shall be unlawful for any person to shoot with a bow and arrow ... except within an archery range having clearly designated boundaries and a safe area of impact sufficient to prevent personal injury and property damage..."

Here is a link to the ordinance:  http://virginiabeach.elaws.us/code/coor_apxid147521_ch38_sec38-3.2

I have read all the law around this, and do not see where there is special permit needed for an "archery range".   So, it stand to reason, we can setup an archery range with archery target.. We live on the edge of town and from our backyard have half-mile think forest to the next neighborhood.

If you see different, please advise.

Thx! Fletcher (Frodo9mm)


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Is it possible to park off your employer's property - like on the street or in a neighboring lot?

What is the possibility of them searching your vehicle (i.e. have they ever searched a workers vehicle before).

Do they have a written policy for all employees?

This is one reason I just don't ask. If it's posted legally or written plainly in a policy statement, fine but I will not ask because once you ask and get this kind of answer it's hard to say you had no idea.
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Ask the Lawyers / Re: Hand cuffing a robber and warning signs. State of PA,
« Last post by Aludy on January 08, 2018, 01:52:47 PM »
Thanks very much. Well written easy to understand.
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General Firearms Law Discussion / Mossberg Shockwave
« Last post by jimbobb70 on January 06, 2018, 11:52:46 AM »
What is the law regarding having shockwave loaded in driver's compartment of a vehicle?
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Ask the Lawyers / Re: TASER carry
« Last post by TexasLawShield on January 05, 2018, 05:04:12 PM »
The Texas Penal Code does not specifically address TASERs. For that reason, it is legal for you to carry a TASER openly or concealed. TPC 30.06 and 30.07 signs specifically prohibit carrying a handgun, and they do not prevent you from carrying a TASER. That being said, your experience at the restaurant is not surprising because TASERs resemble handguns when holstered. The 30.07 sign does not make you a trespasser. But, once you receive verbal notice that you cannot have your TASER in the restaurant and you refuse to leave, you become a trespasser under TPC 30.05. Although this is not the same crime as trespassing with a concealed handgun, it is a crime nonetheless. The restaurant owner or manager has the right to kick you out or refuse to serve you, but not the right to charge you with a fine. If the owner called the police, the officer may charge you with a fine, but it would likely be much less than $10,000.

Neighbor brought up a good point. A TASER is a weapon. While a TASER is generally designed to be non-lethal, it can be used in a manner that could cause serious bodily injury and therefore it could even be considered a deadly weapon in some circumstances. For that reason, you would be justified in defending yourself against someone unlawfully attempting to stun you with a TASER.
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Ask the Lawyers / Re: Hand cuffing a robber and warning signs. State of PA,
« Last post by TexasLawShield on January 05, 2018, 04:58:54 PM »
All use of force cases, deadly and non-deadly, are fact specific. The right answer in one specific case can be the wrong answer in a slightly different one. Without developing a lot of the facts, writing in generalities is difficult. However, we will try here.

The question is really one more of tactics than of law.

If you are actively being robbed (meaning in the legal sense a theft with some level of force) or it is both objectively and subjectively reasonable to believe under the totality of the circumstances that you are imminently going to be robbed, yes, you can actually use lethal deadly force to defend yourself. The most frequent of these types of things that we see are in the case of the ATM. Perhaps it is not your best day in terms of situational awareness and someone gets the drop on you with a gun, you are then being actively robbed. As such, the law authorizes you to use deadly force, not merely display or reference, but actually kill. Change the facts a little and the result can be totally different. Suppose you are at an ATM and you see someone is merely behind you (Not a great place to find yourself generally. Perhaps the best thing to do is to let that person cut in front of you or cancel the transaction, but that is situational awareness and threat avoidance, not the law), this person who is behind you shows no pre-incident indicators, is like most people nose deep into his phone, and appears to be not a threat. You may not use deadly force because it is not objectively reasonable (even though you may subjectively feel) that you are about to be robbed.

Those are extreme cases that provide bookends. The murky area is in that great middle that we call the real world. It is a world where you have to make split second decisions based upon incomplete information, one where hesitancy can equal your death, and one where a bad decision can lead to jail.

So, let’s examine a more complicated scenario. Suppose you are at the ATM. Because you are practicing good situational awareness, you see a person lurking about 15 meters away. They are exhibiting several pre-incident indicators such as “picking” at their waistband area, loitering with no explanation, and seem to be looking all around (looking to make sure that there are no witnesses). You turn to orient yourself to the potential threat but not aggressively so. His reaction is to grab in his waistband with high elbows in a drawing fashion for what you believe to be a gun, but it turns out in a split second to be a knife. You react by pulling your gun. The robber does the math and realized that he brought the wrong tool to work today. He throws down the knife immediately before you are on target with a good sight picture and have made sure your back drop is sound. He throws his hands up in the air and otherwise totally surrenders. Can you now use lethal deadly force? Absolutely not. No immanency. He just stands there. You instruct him to face away. He decides to practice run-fu and takes off. Can you now use lethal deadly force? Absolutely not. No threat and we do not live in a fleeing felon world for private citizens. Change the facts. You order him to turn around. He does. You order him on his knees. He does. You order him to cross his feet at the ankles. He does. You instruct him to put his hands behind his neck and interlace his fingers. He does. Can you now use lethal deadly force? Absolutely not. Now you think to yourself, I want to make sure he doesn’t get away so I want to physically restrain him. Can you legally do so? Perhaps. But boy is that dumb. Police officers get many, many hours of training on how to restrain someone. They usually do it in a team or in such a way that the polyester dogpile can help overcome resistance. The notion of putting handcuffs on someone or tying up their arms is really really risky. First, a firearm is a distance tool best used at distance. Restraining someone is a contact event meaning no distance. Not a good idea. Plus, what are you going to do with your weapon, re-holster it? Not the best move versus just keeping him at distance and at gun point. You are not the police. Wait for the police. Keep the gun in one hand while you fiddle with handcuffs and/or zip ties? Not a great idea because of sympathetic reaction that may come with attempting to restrain causing a negligent discharge. Even if you have significant open hand skills, even if you are former LEO, don’t close that gap. And if he runs off, don’t pursue the fleeing felon and for goodness sake don’t shoot the fleeing felon. You are not police.

As far as signage goes, myself personally, my home has surveillance and an alarm. I DO post those signs because I want the potential burglar to know that he has other easier options to choose from that will be easier. As far as “beware owner has a gun” signs, it is up to you, but I am personally not a big fan. But all sorts of those signs are lawful (subject to HOA or zoning ordinances). The big advantage that any private citizen has in a home invasion is that it is your home and you are familiar with it. Why give the bad guy who is bent on entering your house despite the alarm and surveillance posting, despite the audible alarm going off, and despite the video recording being perfect evidence against him or her any clue as to what level of resistance he or she may encounter?

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The statue you mentioned—Texas Labor Code § 52.061—states part of the answer to your question. This statute reads:

A public or private employer may not prohibit an employee…from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

Under this law, an employer may not prohibit you from storing a firearm in your locked vehicle while you are working. There are exceptions to this law for employer-owned vehicles, federal employees, plant workers parking in a secure lot, and some others; however, as a retail worker, these exceptions do not apply to you. You should be perfectly entitled to store your firearm in your vehicle while working, and your employer should not be permitted tell you differently.

Unfortunately, this statute provides no penalty to an employer who violates it, and the attorney general has weighed in on the issue, saying this means no penalty is available at all. In other words, an employer can violate this law, prohibit you from keeping a handgun in your vehicle, terminate you for doing so, and face no legal repercussions. You are not committing a crime by violating your employer’s handgun storage policy, but doing so potentially risks your job.

So you are correct and incorrect. There is a law requiring your employer to allow you to store a firearm in your vehicle while you work. But, your employer can violate it without consequences.
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