Recent Posts

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91
Ask the Lawyers / Re: Sword Canes, switch blades and new Texas knife law
« Last post by paul on August 08, 2017, 08:51:17 PM »
yes some place off limits
92
Ask the Lawyers / Texas state aquarium
« Last post by paul on August 08, 2017, 08:46:23 PM »
how can the Texas State Aquarium in corpus Christi keep up a 51% sigh when thy only sell alcohol on rental nights ?
93
Ask the Lawyers / oklahoma city zoo
« Last post by egris52788 on August 08, 2017, 06:41:59 PM »
Our zoo in OKC has "no firearm" signs at the entrances which enable them to ask you to leave if the concealed weapon is detected correct, therefore, I can carry there?  Not considered a city premise or building(s)?
94
Ask the Lawyers / Sword Canes, switch blades and new Texas knife law
« Last post by Jaycee on August 08, 2017, 05:28:24 PM »
When the new Texas knife law takes effect on September 1 will sword canes (over 5 1/2 ") or switch blades be legal to carry?

Thanks,

Jaycee
95
Ask the Lawyers / What building laws are changed when facility is leased?
« Last post by mvaughn25 on August 08, 2017, 10:38:09 AM »
Municipalities cannot ban carry, but individual parties can when they lease municipal property. Gun shows lease the coliseum in Ft. Worth and do this, and the organization that leases and maintains the Ft. Worth City Zoo does the same. Are restrictions based on the owner or the lessee? The fact that property leased by a municipality, but owned by someone else, has laws applied to it as if it was city owned seems to imply that laws are more pointed the lessee than the actual owner.

How does this apply to organizations that lease school district property for private events? Does the property lose designation as a school and become a private location during the duration of that lease? I see other cases where the ability to allow or restrict firearms is based on the lessee and not the property owner, but this does not appear to be a clear designation with school district property. Most items I have found to read on this simply conclude that a court has yet to clarify the interpretation and it is best to apply the most restrictive interpretation to be safe.

This could apply many ways, leasing unused property long term, a school building for a day, an athletic facility for a few hours, etc.
96
Ask the Lawyers / Re: Carry at Night School
« Last post by SirBobsalot on August 04, 2017, 06:37:00 PM »
Thank you for your answer. 

97
Ask the Lawyers / Re: Carry at Night School
« Last post by TexasLawShield on August 02, 2017, 03:12:52 PM »
SirBobsalot,

Yours is an interesting question and like most interesting questions, there is no clear-cut answer. The law does not define when a building-under-construction becomes a building. The broadest interpretation is that a site becomes a building when there are any improvements to real property. This would mean  that a concrete slab in a field is a building because it is an improvement to real property. The narrowest interpretation might be that a site becomes a building when the first person enters its doors.

Because there are so many different interpretations, a law enforcement officer or prosecutor might take the stance that a concrete slab is a building and as a result, charge you with carrying a firearm within a school. While this is unlikely, it is still a possibility. Therefore, the safest thing to do is to leave your gun in the vehicle as soon as there are any improvements to real property.
98
tbetress,

All situations are entirely fact dependent as well as attorney dependent. What I mean by that is that if you change one little fact, it may change everything. Several attorneys looking at an event may interpret the law differently.

It is absolutely not the law in Pennsylvania that if someone is breaking into your attached garage that you can kill them. As a very strong rule, you cannot kill someone if they are merely stealing your property regardless if it is inside the house or outside the house. The only benefit that you gain when the location of an intruder is your attached garage (regardless of whether or not he or she is attempting to break into your car) is that it is considered to be part of your “dwelling” and therefore the Castle Doctrine applies.

I would refer you to these two blog posts to help you with the law and likely scenarios

http://www.pennlago.com/justified-part-3-castle-doctrine-stand-ground/
http://www.pennlago.com/castle-doctrine-pennsylvania-rebuttable-presumption/


Thank you for being a member.
99
Gun Talk / Re: Gunfight Golden Rules #12
« Last post by ramosisr on August 01, 2017, 06:03:23 PM »
When you have to shoot, shoot. Don't talk.
Tuco's rule.
100
General Firearms Law Discussion / Re: Texas Law Regarding Shooting a Dog
« Last post by Bob Maverick on August 01, 2017, 09:35:07 AM »
This link will likely answer your question concerning Texas state law. I'm not qualified to interpret or explain the details and implications. I suspect civil litigation may be more of an issue than any criminal charges if you kill someone's pet.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.822.htm

See Title 10, Chapter 822, Sub chapter B,  section 822.013 (1)

Best Regards,
Bob
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