Interesting new gun law in Texas, don't need CC permit now

[masraum]

Interesting new law that pretty much makes the concealed carry permit obsolete. Now you can carry a gun without a CC legally.

http://www.thefirearmsforum.com/showthread.php?t=41380

The new law, the first bill Governor Rick Perry signed from the last session of the Legislature, now allows gun owners without a permit to carry a concealed gun both "to and from" their premises and their vehicles. Guns can be carried in cars with a few restrictions: They must be hidden from plain view, and the owner cannot be involved in criminal activity or a criminal street gang or otherwise prohibited by law from carrying a weapon.
In other words, if you're caught carrying a concealed pistol on the street and don't have a permit, tell the cop you're walking between your car and your home, either getting ready to travel somewhere or coming home. The burden now falls on the police officer to prove you are not really "traveling," which Dallas District Attorney Craig Watkins says is virtually impossible.

"If you read the new statute, it essentially does away with the concealed handgun law," Watkins says. As of September 1, his office no longer accepted most UCW (unlawfully carrying a weapon) charges that involved the "traveling" issue and dismissed pending cases.

"Actually we didn't really have a choice," Watkins says. "The law had changed, and some of the individuals could have fallen under the old statute, but it would be an unfair standard if we prosecuted them. And it's impossible now for us to prove those charges when we get them. Now it makes it the responsibility of the state to disprove that a person is on their way to or from their car, and that's pretty difficult to prove. It does a disservice to law enforcement. They have to prove this person was not on their way to somewhere. Why should they even bother [to arrest them]? I see it as a possibility for a lot of individuals with criminal intent to be carrying weapons."

The change has some police officers grumbling.

"It's insane," says one Dallas officer, who asked not to be named. "They basically destroyed the concealed gun law. We're letting drug dealers with Glocks under the seat go and say have a nice day. In the past we could have charged them at least with a weapons violation and confiscated the gun. Texas is wide open now. It's a huge story. This has just gone under everyone's radar."

Though felons are prohibited from carrying a concealed weapon, the officer says most police officers can't do thorough criminal background checks during traffic stops.

[M.D. Holloway]

Welcome to the wild wild west! Seriously though, I don't see an issue. Please prove to me that this is gonna be a bad thing for a private citizen who is for the most part law abidding.

[legion]

Exactly. The criminal element ignored CC laws already.

Now if only Illinois had some form of CCW...

[masraum]

I don't think this is a bad thing. On the contrary, I think it is a good thing. More crime could/may happen, but more crime could/may be thwarted or avoided.

[Rick Lee]

Good for TX. That cop's statement at the end is outrageous.

"We're letting drug dealers with Glocks under the seat go and say have a nice day. In the past we could have charged them at least with a weapons violation and confiscated the gun. Texas is wide open now. It's a huge story. This has just gone under everyone's radar."

Uh no. They're already breaking the law by being a drug dealer. If they ignore those laws, they probably don't bother going through the CCW process either. And if a cop has no probable cause to search a car on other grounds, then he wouldn't come across the gun anyway. I highly doubt any career drug dealer has a totally clean criminal record, which you would need to possess a gun at all, let alone carry it. BTW, in VA if you have no CCW and carry in your car, the gun has to be VISIBLE, i.e. on the dashboard, front seat, center console. Before AZ had reciprocity with VA, but open and car carry was ok, I just put my SIG P220 in the cup holder. Border Patrol stopped us a few times, saw the gun and said nothing at all.

[70SWT]

+1 to the below.

Criminals, by definition, do criminal things like carry guns whenever they like regardless of what the laws are...uh, that's what makes them criminals. Literally, you can't get an anti-gun person to have a rational discussion about that fact, since there is no real defense against the point.

The guy who needs every legal leg up he can get is the law abiding citizen. The cops also need a leg up in dealing with the actual criminals, but it shouldn't occur at the expense of the rights of the innocent.

As long as a big percentage of this freaking planet is made of iron and there are people on its surface, there will be firearms or something similar. The only question is who has access to them.

Originally Posted by Rick Lee

Good for TX. That cop's statement at the end is outrageous.

"We're letting drug dealers with Glocks under the seat go and say have a nice day. In the past we could have charged them at least with a weapons violation and confiscated the gun. Texas is wide open now. It's a huge story. This has just gone under everyone's radar."

Uh no. They're already breaking the law by being a drug dealer. If they ignore those laws, they probably don't bother going through the CCW process either. And if a cop has no probable cause to search a car on other grounds, then he wouldn't come across the gun anyway. I highly doubt any career drug dealer has a totally clean criminal record, which you would need to possess a gun at all, let alone carry it. BTW, in VA if you have no CCW and carry in your car, the gun has to be VISIBLE, i.e. on the dashboard, front seat, center console. Before AZ had reciprocity with VA, but open and car carry was ok, I just put my SIG P220 in the cup holder. Border Patrol stopped us a few times, saw the gun and said nothing at all.

[Rick Lee]

I should also say that I'd rather the cops not get into a game of gotcha on the legalities of gun possession with otherwise clearly law-abiding citizens. This new law might help toward that end so they can focus on real criminals. In the link pasted in the first post here, cops complain that people stopped on foot for illegally carrying concealed will be let go. How does anyone know if you're carrying concealed? How often does a pedestrian get stopped by a cop and asked if he's carrying or not? Hasn't happened to me (I carry every day) and I'd refuse to even give my name or show ID if a cop stopped me while walking somewhere. VA has no stop and identify law. They'd have no probable cause to search you in any event, doubly so if they didn't know who you are.

[M.D. Holloway]

...I see it as a possibility for a lot of individuals with criminal intent to be carrying weapons....

This has to be one of the stupidest statements ever! Like a law is gonna stop someone with criminal intent? Gawd dang I hope this guy doesn't make a lot of money for what he does...

[speeder]

Agreed, he's a ******* idiot.

[Rick Lee]

Originally Posted by LubeMaster77

This has to be one of the stupidest statements ever! Like a law is gonna stop someone with criminal intent? Gawd dang I hope this guy doesn't make a lot of money for what he does...

Hey, lots of people actually think "gun-free zones" make you safer.....as if some suicidal nut bent on mass murder will be deterred by a potential weapons possession charge.

[Joe Bob]

An "armed society" is a "polite society".....

[RickM]

The contrast between states kills me. In NJ you literally need a supreme court judge to grant a CCW license to a citizen....and that just doesn't happen.

[Moneyguy1]

Not taking sides here, Mike, but I have also heard it said that an armed society is a fearful society. There really is more than one way to look at it and I, too, live in the Wild West".