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Thread: Legislation wish list

  1. #1
    Regular Member stealthyeliminator's Avatar
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    Legislation wish list

    From the big, sweeping changes like constitutional carry, to the tiniest nuances like cleaning up administrative requirements for certain places to post ineffective signage, what's your legislative wish list for Texas?

    I'd like to see...

    Constitutional carry, of course;
    Carry for non-violent felons (which I think needs to be carefully separated from any constitutional carry bill, due to the way the felon possession prohibition and the general prohibition line up);
    Carry in bars for designated drivers (to be dubbed "designated carriers" thereafter, hehe), or others not partaking in alcohol;
    Repeal the neutered GC 411.205 (requirement to display license);
    Fix transportation code that has been misused as catch-all offense;
    Repeal the unused and unconstitutional portion of transportation code that sought to authorize LEO to stop vehicle solely to check DL;
    Remove or clean up GC 411.204, notice required on certain premises (I'm guessing this was prior to notice being required for prohibition to be effective, to make sure signs warned carriers of original off-limits places)

    What would you add?
    Advocate freedom please

  2. #2
    Regular Member TXOC16's Avatar
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    Well, let's see, given that, as a demographic, Texas CHLs/LTCs are demonstrably, documentably, and quite significantly more law abiding than Texas LEOs, my preference would be for the removal of any and all restrictions that prevent CHLs/LTCs from carrying in any method, manner, and location they see fit anywhere Texas LEOs are permitted to do the same.
    Last edited by TXOC16; 07-07-2016 at 12:44 AM. Reason: Typos, of course...

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    Quote Originally Posted by TXOC16 View Post
    Well, let's see, given that, as a demographic, Texas CHLs/LTCs are demonstrably, documentably, and quite significantly more law abiding than Texas LEOs, my preference would be for the removal of any and all restrictions that prevent CHLs/LTCs from carrying in any method, manner, and location they see fit anywhere Texas LEOs are permitted to do the same.
    This.

    I understand why 30.06 was created back in the day but at this point its blatantly obvious that we're not the bad guys at this point. Getting location restrictions removed is at the absolute top of my wish list.

  4. #4
    Regular Member stealthyeliminator's Avatar
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    Someone here once mentioned that in some other states signs don't carry weight of law at all, putting them on the same level as other signs like a shirt required sign... Still, of course, if asked to leave, that'd have legal weight. I think that might be ideal.. Start eliminating prohibited places, and undue the 30.06/30.07 mess. I'll add to my personal wish list. Thanks
    Advocate freedom please

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    Quote Originally Posted by stealthyeliminator View Post
    Someone here once mentioned that in some other states signs don't carry weight of law at all, putting them on the same level as other signs like a shirt required sign... Still, of course, if asked to leave, that'd have legal weight. I think that might be ideal.. Start eliminating prohibited places, and undue the 30.06/30.07 mess. I'll add to my personal wish list. Thanks
    Requirement to provide for personal security of everyone on the property where 30.06/30.07 is posted and strict liability of owner/lessor for any assault, etc on such premises.
    Last edited by jordanmills; 07-08-2016 at 12:33 AM.

  6. #6
    Regular Member stealthyeliminator's Avatar
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    Well, I won't be adding that one to my personal wish list... I don't think it's consistent with principles of liberty or private property rights. I know there are some that would agree with you though.
    Advocate freedom please

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    The big one for me would be addressing the fact that virtually every largish employer I'm aware of forbids employees from carrying.

    The reason I end up unarmed 80% of the time is because I can't carry at work, I do virtually all of my errand-running on the way home from work, and an honest risk assessment leads me to the conclusion that it's far more likely that my car would get broken into and my pistol end up in the hands of criminals than it would be for me to need it for self-defense. (although with open carry, it's now much easier to put a belt holster on and off in the car!)

    To this end:
    - Forbid commercial insurance companies from raising rates or denying coverage for companies that allow employees to carry according to Texas law.
    - Eliminate liability for the actions/negligence of employees carrying with an LTC and involving the firearm.
    - If a company does forbid employees from being armed at work, they are responsible/liable for their safety. (I would also support shielding a company from liability if they DO allow carry, but that could be messy with special cases and exceptions)

    I don't think it would be appropriate to straight up make it illegal for companies to forbid employees being armed, but the above three changes would at least probably address some of the reasons for prohibitions.

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    Parkiing Lot Preemption

    One thing to consider for the employer-employee relationship that even many strict property rights libertarians can get on board with is "Parking Lot Preemption." Employers retain the right to control what enters their buildings or onto their property generally. However, they are barred from taking any employment action based on lawful items that are inside an employee's car and out-of-sight even if the car is parked in the employee parking lot. The employer is provided explicit protection from liability for any misuse of said firearms.

    Utah's Parking Lot Preemption is contained in a section of code that protects the ability to have both firearms and religious material in your car. It has been on the books since 2009 with no reported problems. One might just as easily write the code to provide protection for any lawful item depending on what unpopular items might need protections, or what might make for good political talking points. Utah's Parking Lot Preemption can be found in our general labor code at URS-34-45.

    Best of luck.
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

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    Other ideas

    Here are other ideas to consider. These are based on the notion that incremental changes, building on each other lead to large changes over time. Also, that laws reinforce social mores. They are also offered without much knowledge of current Texas law, so apologies if I suggest something you already have.

    1-As discussed above, remove the legal weight behind private gun bans. If dress codes are not enforced, why should private gun bans be enforced? Leaving legal weight to private bans in private residences or houses of worship can be offered up as a reasonable "compromise" and can serve the secondary purpose of helping to make clear that homes and churches are different than all other locations. This can bring advantages as non-RKBA liberty issues come to the courts.

    2-Eliminate all discretion in what permits Texas honors. Honor all permits. Utah has protected recognition of our permit by requiring non-residents who reside in a State that recognizes our permit, to have a home-State permit first, before they can get a Utah permit. This eliminates instructors or even the State itself from wanting to drop recognition of the Utah permit so as to avoid lost income on their home-State permit.

    3-Permit free carry is the ultimate goal. Look for chances to expand where a gun can be carried without a permit. Permit-free car carry is a nice step. Permit-free carry outside incorporated areas might work. Permit free carry at home, at a business you own, or on any other property you own or with permission of the owner can also be reasonable steps.

    4-Permit holders should be able to carry into schools. Teachers, college employees, and most other government employees should be protected against no-gun employment policies. While a private employer might claim a right to discriminate against gun carriers, the government doesn't get to discriminate.

    5-Work to eliminate as many off limits locations as possible including college campuses, dorms, etc.

    6-Require off limits locations to provide real security (metal detectors, controlled access, etc) and storage for lawfully carried guns that cannot be carried into the off limits location. Courts may resist the storage requirement as courts are independent branches of government. But all executive offices and facilities can be compelled by a law signed by the governor.

    7-Look at your civil liability laws and see if additional protections can be offered to LACs involved in DGUs.

    8-Limit the circumstances under which an officer can disarm an LAC to cases where there is RAS that the armed citizen poses an actual danger. Prohibit the "are you armed" fishing expeditions during routine traffic stops. Eliminate all duty to inform.

    9-Reducing the cost and training requirements for carry permits is a good idea and reduces burdens to lower income citizens legally carrying guns.

    10-A couple of States have passed laws declaring that guns made and sold within the State are not subject to federal gun laws. Other States have passed laws preventing the enforcement of any new federal gun laws they deem to be unconstitutional. These are probably mostly "message laws" but Texas is a big State when it comes to sending messages.

    11-Consider on how public schools should handle gun education. If comprehensive sex ed is good for reducing pregnancy, why no comprehensive gun safety education to reduce accidental gun deaths? Should high school students be able to get PE credit for gun-related activities?

    12-Not directly related to guns, but I'd love to see someone get a law that requires the state to reimburse defendants acquitted of crimes for the cost of their legal defense.


    Good luck.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  10. #10
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    Quote Originally Posted by utbagpiper View Post
    One thing to consider for the employer-employee relationship that even many strict property rights libertarians can get on board with is "Parking Lot Preemption." Employers retain the right to control what enters their buildings or onto their property generally. However, they are barred from taking any employment action based on lawful items that are inside an employee's car and out-of-sight even if the car is parked in the employee parking lot. The employer is provided explicit protection from liability for any misuse of said firearms.

    Utah's Parking Lot Preemption is contained in a section of code that protects the ability to have both firearms and religious material in your car. It has been on the books since 2009 with no reported problems. One might just as easily write the code to provide protection for any lawful item depending on what unpopular items might need protections, or what might make for good political talking points. Utah's Parking Lot Preemption can be found in our general labor code at URS-34-45.

    Best of luck.
    Weve had something similar on the books since 2011, but it lacks teeth. We're a right to work state so if you get fired for that lawfully concealed weapon in your car at a location where its prohibited under the employee handbook, there's no real recourse.

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