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General Firearms Law Discussion / Новые тренаж
« Last post by AlexeyDrems on December 14, 2017, 06:01:10 PM »
 
 
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Ask the Lawyers / Re: HB435 Volunteer Emergency Services
« Last post by TexasLawShield on December 14, 2017, 02:07:02 PM »
Ng101,

You may qualify as “volunteer emergency services personnel.”

TPC § 46.01(18) defines volunteer emergency service personnel as “a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations.” This text requires only that you be a volunteer and that you provide services for the benefit of the general public during an emergency situation. Unfortunately, since this is a new law, we have no guidance on how courts will apply this text; however, this definition likely will apply to TEXSAR.

If it applies to you, this law eliminates criminal responsibility for carrying a handgun most places that weapons are prohibited. It creates a defense to prosecution if—while performing emergency services—you carry beyond a 30.06 or 30.07 sign or into a location listed in TPC § 46.035(b) or (c). The locations listed in § 46.035 include 51% establishments; sporting events; hospitals, places of religious worship, and amusement parks posted with 30.06/30.07; civil commitment facilities; or properly posted government meetings. But, you still may not carry into correctional facilities. Keep in mind, you must be performing the emergency services to qualify. This law is not a free pass to carry all the time. 

HB 435 also creates TPC § 46.15(a)(10), exempting you from prosecution under §§ 46.02 and 46.03 IF (1) you were carrying a handgun with a valid LTC and (2) you were engaged in providing emergency services. This means you cannot be prosecuted for unlawfully carrying weapons or carrying a handgun in a place weapons are prohibited (e.g., airports, polling places, schools, etc.) resulting from your provision of emergency services.

Your employer is allowed to make rules restricting your right to carry while on the job. These rules will not carry any criminal liability, but violating the terms set by your employer may subject you to discipline or termination.
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Ask the Lawyers / Private Sale
« Last post by AoV777 on December 12, 2017, 11:44:23 PM »
I live in Texas. I recently sold a pistol private sale to an individual. I had him sign the a letter stating he is legally allowed to own a firearm like most private sellers use. But an Ex police officer told me that letter people use is useless and would not protect you in court if the person lied to me and is in fact a felon. So now this Ex officer has me scared to sell privately. What does the law say? am I protected with the signed document in the state of Texas?
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Ask the Lawyers / Open and loaded carry of a rifle (long gun)
« Last post by Rusty on December 11, 2017, 11:15:36 PM »
Hello, I'm new to the forum and had some questions about open carrying a semi-automatic rifle for self defense. This may sound odd, but I live in MD and do not have a Wear and Carry handgun permit, nor do I plan on being successful in satisfying the good and substantial reasoning for obtaining one.  I'm not being funny or plan on touting myself around downtown, but I do wish to exercise what little right I have left to defend my family while out of our home.  I may be way off base here, so thank you in advance for your patience.

1) Can I open carry a non - banned firearm, as listed on the Maryland State Police website?

2) Can I carry mentioned firearm while loaded?

I can't seem to find much info on this, and I'm beginning to wonder if that is due to brandishing a weapon type violations. 

Thanks for your help,
-Rusty



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Gun Talk / Re: Conceal Carry with Basketball Shorts
« Last post by Hueyville on December 10, 2017, 07:19:51 AM »
Only thing I can think of are the grips with clip built in. I can't imagine trying to carry a gun using shorts or sweats with nothing but elastic band for support of weapon. Remember guns sometimes discharge when dropped. SIG is going through a big issue with some handguns discharging if dropped. Quite a few older model guns and even new designs have flaws that allow discharge upon dropping. Might have to make a different clothing choice.

I sometime pocket carry if need to be super low profile but 99% of time if outside of house wearing a belt so firearm has proper support. Also have to consider how difficult to draw weapon may be without a stable platform. Maybe a shoulder holster with light jacket or just a loose baggy shirt. Georgia allows open carry and when working outside on hot day I usually carry open. Keep a baggy short sleeve shirt in truck and long sleeve in winter to pull on without buttoning if need to cover gun. It would work fine with a shoulder rig.
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Gun Talk / Re: Conceal Carry with Basketball Shorts
« Last post by johnbleh on December 07, 2017, 07:40:53 PM »
thanks for the advice, ill look into it but would like something that would be comfortable sitting as well. Saw some holsters that have a "sticky" pad? Does anyone have any experience with these?
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Gun Talk / Re: Conceal Carry with Basketball Shorts
« Last post by Neighbor on December 07, 2017, 06:12:26 PM »
I sometimes carry my shield in a Smart Carry pouch. Somewhat like a belly band but carries weapon low in front at or just below belt line. Conceals very well, very comfortable standing or walking but not quite as comfortable when setting.
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Ask the Lawyers / Re: Tasers and Stun Guns in NJ
« Last post by TexasLawShield on December 07, 2017, 10:58:47 AM »
Possess - Yes.
Carry - No

Under NJ law, weapons are frequently governed by multiple statutes at the same time. So for example, there are per se prohibitions under 2C:39-3 for weapons such as switchblade knives, dirks, daggers, and stilettos.

Then there is also the general prohibition in 2C:39-5(d) on possession of weapons under circumstances not manifestly appropriate for such lawful uses as it may have.

For example, even though a dagger is subject to the per se prohibition of 2C:39-3, it is almost certainly also subject to the more general prohibition of 2C:39-5(d). So if, tomorrow, the legislature repealed the per se prohibition of daggers from 2C:39-3, a dagger would still be a weapon and therefore subject to the more general prohibition found in 2C:39-5(d).

So now applying that to stun guns. Stun guns were previously per se illegal under 2C:39-3(h). The result of the lawsuit is that 2C:39-3(h) was stricken as unconstitutional. So it is no longer per se illegal.

But a stun gun is still a weapon under 2C:39-1(r), and so it is almost certainly subject to the more general prohibition of 2C:39-5(d), that is, under circumstances not manifestly appropriate for such lawful uses as it may have. (Possession in one's home is exempted under 2C:39-6e.) The lawsuit did nothing to change this, nor do the new proposed regulations.
Under the New Jersey case of State v. Kelly, self defense does not count as a "lawful use" under 2C:39-5(d). The term "weapon" is very broadly defined under NJ Law. Thus, many items that fit the definition of "weapon" also have non-weapon uses, such as a baseball bat. So the idea is that the closer you are to possessing a weapon for its non-weapon purpose (like possession of a baseball bat at a baseball game), the better off you are under 2C:39-5(d).

So now applying this to stun guns, its hard to imagine carrying a stun gun in public for a non-weapon purpose.  What are you doing with it? Herding cattle in Newark? Without such a non-weapon purpose, carrying around a stun gun poses a very substantial risk one could be charged with violating 2C:39-5(d).

Do not carry a stun gun or taser in New Jersey.
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Ask the Lawyers / Re: Church Security Website Help, Please!!!
« Last post by TexasLawShield on December 07, 2017, 10:57:45 AM »
Hueyville,

Thank you for reaching out to U.S. LawShield regarding your questions and concerns. Due to the broad nature of your inquiry, our independent program attorneys would be best able to assist you through our member business line at 877-448-6839.
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Gun Talk / Conceal Carry with Basketball Shorts
« Last post by johnbleh on December 06, 2017, 09:10:21 PM »
 New to the conceal carry culture and was wonder if anyone had any suggestions on a holster that would hold well in some basketball shorts. I usually wear basketball shorts when I'm out doing some basic errands or just walking my dog and would obviously like to carry my weapon as well. I've done some looking into it and saw that a belly band was an options but I'm not too fond of a belly band and would prefer a holster instead. I'm currently carrying a S&W M&P Shield in a Blackhawk ARC holster when I have pants with a belt loop in them but would like a second holster for my basketball shorts or sweat pants. Any suggestions or tips would be greatly appreciated.
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