Should you have an out of state license? — GRIT #086

Advantages of a Texas license

  • Texas does not release license status to the public
  • Federal Gun Free School Zones Law
  • Training on Texas Laws
  • Exemption to NICS background checks
  • Some states do not recognize non-resident licenses for reciprocity
  • You increase the numbers, and improve the statistics, that DPS releases regarding license holders
  • Texas Renewals are sometimes cheaper than other states
  • Texas Renewals do not require a class, some other states do

Reasons you should consider an out of state license in addition to a Texas license

  • Reciprocity with states that do not recognize a Texas license
  • Coverage to continue Carrying if Texas license is lost or stolen

Recommended out of state non-resident licenses

  • Arizona
  • Florida
  • Utah
  • Virginia

Should Texas Residents get a Texas License?

The basic answer is yes, if at all possible.  The advantages are numerous, it helps build up the statistics, and there is the added benefit that Texas Law Enforcement Officers do not have to determine if it is covered under reciprocity.  Additionally it helps protect reciprocity from efforts to limit or eliminate non-resident license coverage.

GUN RIGHTS IN TEXAS NEWS:

In Defense of Self and Others

Story: Officers in El Paso Texas discharged their weapons resulting in the death of a man who had made threats against them prior to making an overt gesture.  The gesture resulted in making the two officers fear for their safety and discharge their weapons.  As with all officer involved shootings in Texas this one will be investigated by the Texas Rangers.

Story: A University of North Texas Student who was fatally shot by police for approaching them with an ax had a BAC of .21% and had marijuana in his system.  An attorney for the student’s family said “no Tasers, no chemicals and no tolerance were used in this student’s killing,” showing his lack of understanding for self defense.

Story: An employee at a south Dallas Metro PCS store shot and killed a would be armed robber who had ordered everyone to the floor.  The employee who stopped the criminal heard the commotion from the back, retrieved a firearm, and stopped the criminal.  The suspect was transported to the hospital where he died from his wounds.  No victims or employees were reported as injured in the article.

Criminal Activity

Story: An Armed suspect was taken to the hospital after being shot by a Houston Officer.  The suspect had been observed shoving a beaten woman in the street prior to running at the officer.  The female victim was also hospitalized.

Story: Police are searching for three men who tried to rob a gun store in Garland Texas.  The men did successfully rob another man who was delivering water to another nearby business.

Politics

Story: The Texas Attorney General Ken Paxton will permit McLennan County to continue their ban on firearms in their courthouse with their plan to move a number of offices out of the courthouse and into another building.  While not an ideal solution this agreement does meet the letter of the law.

Story: Texas Counties are planning to push back against a new law that provides penalties for illegal gun bans by political agencies and political subdivisions of the State.  The refusal of these counties to obey the law shows the need to remove off limits locations for license holders and improve the fines for signs law.

Story: We have an article where we hear about the evils and dangers of fake firearms.  Essentially this is more of an education issue, this country has had fake firearms that looked real in it as long as it has had real ones, so why is it suddenly a problem?

Story: The Texas Medical Association wants to make it illegal to carry firearms in a hospital, which it already is because of Texas Penal Code Section 46.035(b)(4) provided the license holder was given notice per Texas Penal Code 30.06 and 30.07.

Crime on Campus

Story: The recent murder of a student on the University of Texas Campus has spiked interest in self defense classes for students across the nation.  In September Campus carry goes into effect for many colleges across the state which will allow some students to better protect themselves if attacked.

Misc

Story: Austin Texas officers who admitted a dog did not pose a threat before they shot it now face a lawsuit after a federal judge has ruled to allow proceedings to continue.  The judge did however dismiss claims that Austin PD was negligent for failing to develop proper policies regarding the use of force against dogs.

Story: In Lubbock two teens were examining a pistol when the younger of the two discharged the firearm wounding the older of the two in the neck.

Normalizing Open Carry — GRIT #085

Initially you want to Open Carry while doing things like

  • Pumping Gas
  • Walking the Dog

Until people are used to it you generally want to avoid open carrying:

  • Around crowds
  • Around schools (People need to get used to Open Carry first)
  • Around Parks, Playgrounds, and youth centers
  • Doing anything where you seek out someone for an encounter
    • Paying bills
    • Confronting your neighbor over their dog using your yard to relieve themselves.

When you Open Carry it is best to:

  • Dress professionally
  • Act professionally
  • Open and hold doors for people
  • Help someone needing something off the top shelf
  • Be nice, helpful, courteous, and friendly.
  • Appear happy, relaxed, and normal.
  • Draw attention away from the weapon, make people remember you and not it.

I am not saying this is the only way to open carry, I am saying that it is the best way to start getting the public used to it and moving on from there.  The basic idea is to ensure that over time people will simply get used to the idea of armed civilians going about their everyday business and not causing a problem.  The general public doesn’t pay attention to people driving red cars, nor do they consider them dangerous, because cars are normal.  The funny thing is cars are actually more dangerous than firearms but we allow teens to take them to school and operate them unsupervised.  We allow felons to own and operate vehicles, we even allow them to own and operate high-performance versions painted red.  All because as a society automobiles are normal, and a non-issue.  The weapon is non-issue to us, so let’s make it a non-issue for the general public.

GUN RIGHTS IN TEXAS NEWS:

Legal considerations

Story: A Texas man recently learned about the value of on body carry when his weapon fell out of his vehicle and resulted in him being arrested for what appears to be false charges.  The arresting officer claims the man pointed the weapon at him twice, which is denied by the man.  Additionally the off duty officer was buying alcoholic beverages while in uniform which is a violation of department policy.

Story: The gunman in a recent murder-suicide at Lackland Air Force Base was reportedly a former FBI agent.  Officials are currently investigating a number of facts, including if the shooter was authorized to have a weapon on base.

Politics

Story: Counties and other bodies across  state are now deciding if they wish to fight the Attorney General who has issued a number of letters regarding wrongful exclusion of license holders.  The linked article mainly addresses Dallas County, and their firearms ban, however it represents something that is playing out all across the state.

Story: More colleges and universities are progressing with their campus carry rules, including Texas A&M university.  A&M will permit firearms in classrooms and dorms, however their policy permits staff to request that their offices be placed off limits.

Story: We have another story where the media has once again discovered that other states non-resident licenses will work in Texas and that Texans are getting these licenses for various reasons.  The article does point out that Virginia, unlike Texas, does not protect the identities of license holders.  The article also points out that Senator Whitmire has intentions of changing the reciprocity system that Texans currently enjoy.

Guns and Ranges

Story: Precision Syndicate from Odessa Texas generated a bit of controversy when they customized a Glock with the paint scheme and logo from a 1980s Nintendo accessory.  The glock in question is reportedly a one-off job and is an example of the custom work they do.

Defensive Gun Use

Story: An armed man came to the aid of a young girl and her family when the girl escaped from an armed home invader and went for help.  The armed citizen went to his home, retrieved his weapon, and drove the suspect off.  Police found the suspect who was arrested, and property from the scene was recovered.

Fines for Signs, patience please! — GRIT #084

So the AG’s office has not actually taken a single governmental entity to court since the Fines For Signs law came into effect on September 1, 2015.  Lets look at what has been going on and consider why.

The law went into effect, and AG opinions were requested. Two opinions were requested that would have an influence on how the AG would proceed with the complaints relating to this law.

  • AG Opinion KP0047
    • This opinion relates to what portions of a building are off limits due to the language in 46.035 that states “Building or portion of a building”
  • AG Opinion KP0049
    • This opinion deals with what language a sign might have that would constitute a violation of the fines for signs law.

Because of these opinions being requested the AG’s office had to deal with them and publish them prior to taking any action.  Additionally he had to, out of fairness, give offending governmental bodies an opportunity to take corrective action once his opinions were made public.  Considering that these opinions were published towards the end of December 2015 the earliest the process could move forwards would be early to mid January of 2016

Once the AG opinions were published and offenders had time to correct their signs the AG could finally start acting on the opinions.  First he had to determine the validity of each complaint.  With that done he now had to investigate each valid complaint, and then decide if action was warranted or not.  How long does it take to investigate such a complaint?  First the property has to be determined that it is owned or leased by a governmental body.  Once that is determined an investigator could be dispatched to verify the details of the complaint and verify that the complaint is still valid.

Once that is done the AG has to decide if he wishes to prosecute the complaint now, hold off, or even prosecute it at all.  Keep in mind that the Attorney General is, by definition, an Attorney and will choose cases he can easily win before choosing cases that carry a higher risk of failure.  This means that he must prioritize each case and then notify the offender of their violation.  Once the required time has passed after the offender has been notified he has to determine if they are still in violation, and, if so, start the legal action.

GUN RIGHTS IN TEXAS NEWS:

Campus Carry

Story: Texas Universities are still formulating rules for Campus Carry which goes into effect, for the most part, on September 1, 2016.  This article discusses various rules some universities are planning to implement.

Story: Texas Tech has announced their Campus Carry Policy which will restrict carry in some dorms, but not all.  Texas Tech has a number of policies that can be found in a link in the article.

Politics

Story: The “Bureau for American Islamic Relations”, also called BAIR, and the Huey P. Newton Gun Club held opposing protests while armed in Dallas Texas.  Tensions got pretty high during the protests and police eventually ordered BAIR to leave the area.

Story: Texas Attorney General, Ken Paxton, has decided that the Dallas Zoo meets the technical requirements to be considered an amusement park.  Now Texans are considering other avenues to deal with the posting of signage that prohibits licensed carrying of arms while at the zoo.

DPS and licensing

Story:  The Texas DPS has seen a massive 139% increase in license applications.  This explains the delay in processing that many people are reporting.  While some parties claim that open carry is the reason for the sudden increase in license applications, I find it unlikely as this trend is not limited to Texas, but nearly all states are reporting an increase in applications.

Reports are that more 30.06 signs have come down — GRIT #82

I dropped the notebook that had the show notes, email, and all the other show related material.  With that one incident the hard drive seems to be toast and this episode is mostly unplanned and super short.  With that said listeners have emailed to say that they have gotten signs taken down and there are similar reports showing up on the TexasCHLforum.com website.

GUN RIGHTS IN TEXAS NEWS:

In Defense of Self and Others

Story: In Panola County Texas a state trooper was was involved in a shooting that left one man dead.  As a result of the officer involved shooting Texas Rangers are investigating and will forward their findings to the District Attorney’s office.

Politics

Story: The headline “University Of Texas to allow students to carry hand guns” is full of errors so the content of the article is questionable as well.  The Texas Legislature passed legislation in the previous session that permitted students with a Carry License to be armed on campus while permitting colleges to restrict carry in limited cases.

Story: Supreme Court Justice Antonin Scalia passed away at the age of 79 at a ranch near Marfa Texas.  His death could dramatically impact the nation and all rights the citizens of this great nation enjoy.

The San Jacinto Battlefield, Why no Open Carry in the news, and more — GRIT #081

Carry Tip: Install the Texas3006.com mobile app on your smartphone.

The Texas 3006 mobile app is available for iPhone and Android platforms.  The website is essentially a database of user reported Signs that such as 30.06, 30.07, and 51% prohibitions.  The mobile app will warn you when you are close to a posted business, allow you to browse posted locations across the state, and let you add entries to the database.

The battlefield at San Jacinto is sacred ground to Texans.  That sacred ground still has areas that have yet to be excavated so that historical artifacts can be removed and preserved.  Should the dumping of dredge material happen before these artifacts can be removed and preserved these artifacts will be difficult at best to excavate and many will degrade or be destroyed before they can be saved.  Please listen to the Texas History Podcast Come And Take it for details and learn how you can help save these artifacts, then restore the marsh.

Are gun owners indifferent to open carry, or is there another reason that we are not seeing reports of open carry in the news across Texas?

  • Those who Open Carry are for the most part behaving themselves.
  • Those who are Open Carrying are wearing jackets.
  • The public is not reacting to Open Carry because they know those licensed to carry are not a threat.
  • The media is too busy trying to find blood in the streets to look for anything else.
  • The media is too busy attributing every gun ban, campus carry discussion, or other news item to being part of the open carry law.
  • Gun Owners are simply not open carrying.

GUN RIGHTS IN TEXAS NEWS:

In Defense of Self and Others

Story: A Bastrop County Texas Deputy possibly owes his life to the failure of gun control advocates.  Had those advocates been successful in disarming the public then Marine Veteran Scott Perkins would not have had his concealed weapon to ward off the suspect who was brutally beating the Deputy.  http://www.bizpacreview.com/2016/02/02/texas-cop-brutally-attacked-roadside-until-hero-marine-shows-up-with-his-gun-301290

Story: A mother in Benbrook Texas purchased a handgun after being attacked in a mall parking lot.  She is grateful that her attackers sprayed her with mace rather than using the hammer they had in their back their backseat.  Now however she plans to carry and only go to businesses that do not prohibit carry.  http://www.frontpagemag.com/point/261648/texas-mom-who-was-robbed-decided-get-gun-daniel-greenfield

Politics

Story: The Hale County Texas Commissioners Court has decided to ban open carry in their court house and all other county owned buildings using Texas Penal Code 30.07.  This is truly ironic as Texas Penal Code Section 30.07(e) which reads as “It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.”  http://www.myplainview.com/news/article_450f93f0-cead-11e5-9240-77fc02348081.html#user-comment-area

Story: Contrary to popular belief the NRA is not dedicated to supporting just Republicans.  Infact the A rating of Gene Green (D) is a point of contention his opponent is attempting to use in a bid to defeat him in the upcoming primary election.  http://www.politifact.com/texas/statements/2016/feb/05/adrian-garcia/adrian-garcia-mischaracterizes-nras-support-gene-g/

Bad Behavior

Story: A Texas Tabloid has threatened to publish the Address of all San Antonio Texas Police Officers.  This is a deplorable tactic on the part of the Tabloid and an effort to increase sales by promising to place police officers and their families at risk.  People associated with the hands up don’t shoot movement and other anti-police movements have made threats of violence against police officers and have been linked to attacks on police officers including the murder of officers.  http://www.cbsnews.com/news/antroine-scott-shooting-san-antonio-tabloid-publish-all-cops-addresses/

Story: Some Open Carry Texas members have reportedly been making a scene at Walmart stores when asked to show their license.  Once more Open Carry Texas is doing what they do best, and that is showing gun owners what not to do.  http://www.chron.com/news/houston-texas/texas/article/Texas-Open-Carry-gun-advocate-Walmart-worker-6801297.php#photo-9161309

How to Get 30.06 signs removed and Gaines County Courthouse update — GRIT #080

Carry Tip — Know the difference between Cover and Concealment

Gaines County will NOT be posting their Courthouse off limits with improper signage and therefore will not subject themselves to fines by the Attorney General’s office.  In fact they will remove the existing gun busters signs and will look into allowing employees who are licensed to legally carry.

Over at the TexasCHLforum.com website one member reported success at having a 30.06 sign removed by a business in this thread, and a copy of his letter can be found in the first post of that thread.  Afterwards he posted a comment to the entry for the business at Texas3006.com and they have since updated the entry so that it reflects only the 30.07 sign posted at the entrance.  I interviewed him in person and in the process we gave you a double dose of Aaron for this episode.  Listen to this episode to hear how you can also repeat his efforts.

GUN RIGHTS IN TEXAS NEWS:

Criminal Activity

Story: An east Texas traffic stop turned into a manhunt when a gunman shot and killed a Constable K9 deputy.  Two out of three suspects are in custody as of the time the article was published.

Politics

Story: The Houston Chronicle has an article titled “Local governments under fire for gun bans.”  In all honesty they should be because they do not have the authority to impose any bans on licensed carry outside of the Texas Penal Code sections 46.03 and 46.035.

Story: The Texas Attorney General, Ken Paxton, is set to review 34 complaints about improper postings relating to government property.

Signs and Open Carry

Story: Austin’s The Daily Texan has an article with the headline of “Open carry divides businesses along the Drag” and it essentially talks about options that various businesses are considering in response to Open Carry.

Story: Gun control advocates are pushing businesses to ban open carry, and when possible they want to also ban concealed carry as well.  Many license holders are feeling the pain of new 30.06 postings as a result.

Story: In addition one gun control group, Moms Demand Action, has reportedly been going door to door in an effort to encourage businesses to ban the legal carrying of arms on their property.

Story: The most important story, and most predictable result, about open carry being legal in Texas is that it has been a non-event.

Law Enforcement

Story: This podcast can trace it’s history back to a number of events that happened in Andrews Texas.  With that in mind anytime something happens in Andrews it pops up on the Radar here in the Road Noise Studio.  This article is about an officer involved shooting in Andrews where a passenger in a vehicle was wounded by police fire.  The wounded individual was released from the hospital after treatment.  The officer fired at the vehicle when it drove at an officer who approached it while investigating a kidnapping.

Gaines County Courthouse, gun signs, and more — GRIT #079

This episode I talk about the Gaines County Commissioners Court, my interaction with them, and why I feel they are about to make a mistake.  Too many Texas Counties have or plan to ban firearms even though they do not have any legal authority to do so based on the opinion of Attorney General Ken Paxton.  This intentional and blatant disregarding of the legislature’s intention with the fines for signs law will lead many counties to pay large penalties for violating the rights of their citizens.

 

GUN RIGHTS IN TEXAS NEWS:

Guns and Business

Story: Trent Brooks, the owner of the BBQ joint “Brooks’ Place” in Houston, said it was a business decision to reward customers who were legally carrying handguns with a 10% discount.

Story: There is some confusion as to how businesses licensed to sell alcohol for off premises consumption are supposed to deal with Open Carry.  Some businesses have simply opted to post 30.07 signs, some are assuming that anyone carrying a handgun is doing so legally, and others are asking customers to show their license.  Walmart’s policy in Texas puts them in the latter category, although I did not have anyone ask me for my license earlier this week when I had to run in.

Happy Open Carry New Year — GRIT #078

Due to self inflicted hardware issues this is a stripped down episode with no show notes, no music, and no audio clips.  However Open Carry is legal in Texas for those with a CHL and LTC.  For this episode I discuss Open Carry then I go off topic and talk about how draconian Texas laws are in regards to recording with Quadcopters aka Drones aka UAS aka UAVs.  Then I bring the episode back onto topic and wrap it up.

Loose ends for 2015 — GRIT #77

Carry Tip: Carry Quality, plan for failure

Always carry a quality firearm, in a quality holster, on a quality belt if applicable.  Quality means fail less, not fail-proof.  Since firearms are machines, and because machines fail we need to plan for failure as well as plan around it.

Main Topic: 2015 Loose Ends.

OCT making noise…

Open Carry News…

Campus Carry

Federal Stuff

  • No Fly then No Buy push
    • Due Process
    • Secret List
    • No notice your rights are infringed until you attempt to exercise them
  • Compare and contrast three terror attacks
    • Garland Texas
    • Paris France
    • San Bernardino California

GUN RIGHTS IN TEXAS NEWS:

Law Enforcement and Defensive use

Story: The city of San Antonio will begin to deploy a gunshot detection system to fight crime.

Politics

Story: A Rosenberg Texas seventh grader was told that his shirt was banned because the Star Wars Character displayed on it had a fantasy gun used in the film “Star Wars: The Force Awakens”.

Story: The Van Zandt County Courthouse will reportedly be posted with both 30.06 and 30.07 signs.  The posting of this facility is likely to bring complaints to the Texas Attorney General’s Office.  Van Zandt County is located east of Dallas on I20.

Story: Some restaurants in Odessa Texas plan to ban open carry for various reasons.  As license holders we should work to politely convince businesses such as these to change their policies.