Commentary by Bill Pickle
On September 1, 2007 House Bill 1815 went into effect without much fanfare. The bill is an amendment to Texas’ “traveling rule” in regards to concealed handguns. House Bill 1815, which was supported by both the National Rifle Association and the Texas chapter of the American Civil Liberties Union clears up the 2005 law that allows Texas residents to carry a concealed weapon in their privately owned vehicles without a concealed carry permit. This is a big step toward liberty for Texas gun owners.
Texas has a long tradition of being able to posses a gun while traveling but what traveling meant has not always been clearly defined. In most cases the burden of proof was on the driver of the vehicle. The State legislature tried to clear things up in 1997 by removing unlicensed carrying of a weapon as an offense while traveling but what exactly was considered traveling was still vague. Most people believe the urban legend that you had to be traveling across two or more counties to be considered traveling. This was never the case.
Lawmakers sought to remove the haziness in 2005 by stating that anyone in a private vehicle who was not engaged in criminal activity or otherwise barred from possessing a firearm was “presumed to be traveling,” and thus exempt from restrictions on concealed handguns. However, District Attorneys and police officers continued to make arrests because the burden was still on the driver to prove that he was traveling. There was no presumption of innocence for Texas gun owners.
Hopefully House Bill 1815 will be the final word. The new bill states that a person cannot be charged with unlawfully carrying a weapon (UCW) in their personal vehicle unless the hand gun is in plain view, the person is engaged in criminal activity other than traffic violations, the person is legally not allowed to own a weapon, or the person's name is in the state of Texas' criminal street gang database.
District attorneys can no longer pickup criminals for small offenses and then add a gun charge to force a quick plea bargain. Average citizens who want to protect themselves and their families will no longer be treated like hardened criminals. It is worth letting a few criminals go to protect the rights of honest citizens.
http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/HB01815I.htm
http://www.reason.com/blog/show/119544.html
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4 comments:
The author of this piece states a really strong argument about the House Bill which allows Texas residents to carry a concealed weapon in their privately owned vehicles without a concealed carry permit. He gives his opinions and offers much in the way of argument. He also mentions about the tradition of processing a gun while travelling and then clarifies about the “travelling” part. Moreover, he also criticizes the District Attorneys for not protecting their citizens which lead to the situation that “average citizens who want to protect themselves and their families will no longer be treated like hardened criminals.” I also think that he does a really good job on analyzing and I totally perceive the message.
However, I want to add my opinion towards the Bill. I believe that it has pushed the crime into a higher level because everybody could carry a gun without carrying their permit by using the excuse of travelling. In this case, the Governor should find a solution to increase the security instead of letting the citizens protect themselves by owning a gun. On the other hand, some may abused by using guns for other illegal purposes.
I could not help but notice Bill Pickle’s article on gun ownership in Texas, not only because the first word of the title is “bastard”, but because gun control (or lack there of) is an important and controversial issue in the world today, especially in Texas.
For some reason Texans have always thought that the world is out to get them. Maybe it dates back to the fact that Texas was its own independent nation once upon a time, and the people residing here feel they should still be a little better than the rest of the country. I’m not sure, I don’t consider myself one of them. I personally am not for or against gun control but I would like to react to an interesting bit of Mr. Pickle’s commentary.
He states, “Average citizens who want to protect themselves and their families will no longer be treated like hardened criminals.”
I consider myself to be an average Texas citizen. I was born and raised here; I have a job, I go to school, I can vote, etc… I have also driven across the country many times including to and from Maine, to and from Colorado, to and from Southern California, and numerous times to and from a family friend’s beach house in Galveston. I have never ever, not even once, been threatened while traveling. I’ve done all of this traveling from the time I got my license at 16 up until last summer when I turned 19. I’ve done it with my siblings, my parents, and even my girlfriend. Let me re-emphasize, I have never been threatened while traveling.
The kind of person that becomes threatened when traveling, is the kind of person that threatens while traveling. This, I believe, goes back to the arrogant and self-centered nature of Texans and their feeling of righteousness. You simply don’t need a gun to protect yourself while traveling, and if you really think you do, you should obviously never travel because it’s too dangerous. You never know when one of those gun-carryin’, car travelin’ Texans will threaten you and your family. Remember, they could be anywhere so watch out.
i don't think that any average citizen should carry any sort of weapon inside their private vehicle, no matter what the circumstances are--especially without a concealed weapon permit. If everyone could carry weapons in Texas, it would be just too dangerous. Criminals could easily take advantage of the opportunity. Also, many average citizens lose control over their behaviors and emotions some of the time, and if a person looses his temper for whatever ridiculous reason, he could use that weapon against anybody, even his own family or himself.
On one hand, this law could be good for an average citizen because it could protect an innocent gun carrying citizen from being charged by a law enforcement officer for not having a permit. However, it also encourages real criminals to feel that they are free to carry guns.
If anybody feels like they need guns in order to provide safety for their families, they should be allowed to carry a gun inside their car and elsewhere--but only with a permit.
Let's not forget that before any person can get a permit he need to pass a criminal background check, and this is an important step any gun-carrying citizen should have to take. Making all gun carriers have permits will protect every one's safety better in the end.
In reply to Bastards
I read this article with my tongue planted firmly in my cheek. I do not agree with Mr. Pickle on this issue and personally I feel less safe now that House Bill 1815 has been passed. I find it appauling that my safety and that of my fellow texans has been compromised by the irresponsibility of the legislature. Being from west Texas I know the kind of people who own guns and I really don't want them to be able to carry them in thier vehicle ready to shoot on whim. Road rage in this country is insane. People get angry over nothing. Seriously though why is this a safety issue? I have personally never felt threatned enough in my car to need a firearm for reassurance but, I might now that this bill has been ammended. This article I found in the Dallas Morning News sheds some light on the horrors of road rage:
A man shot and killed a 15-year-old boy in east Oak Cliff early Friday during a road rage incident in which each pulled a gun on the other.
Anthony Gray, 30, told police he was heading home along Marsalis Avenue about 3:45 a.m. when the teenager, Frank Vega, cut him off in a 2004 Cadillac.
The two exchanged words at the stoplight where Marsalis meets Saner Avenue.
Either at the stoplight or soon after, both men pulled out handguns.
Mr. Gray fired multiple shots, and a bullet hit the teenager in the chest.
The teen's Cadillac ran off the road nearly a mile away near Overton Road. Mr. Gray pulled off the road and called 911.
"We don't know who displayed a weapon first, but both were armed, and we believe it could be a case of self-defense," said Sgt. Bruce McDonald, a Dallas police homicide supervisor.
Authorities say the teenager did not fire his weapon.
Police plan to refer the case to a grand jury.
Mr. Gray could not be reached for comment.
"It's sad that we have a 15-year-old out on the street at
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