Burkablog

Thursday, January 17, 2013

Guns in school and everywhere else

I can’t conceive of any valid argument against expanded federal background checks for gun sales. We came within one vote on the Public Safety committee when Bush was governor of passing a requirement for background checks, and my recollection is that Bush killed it with a phone call.

If we are going to have guns in school, as Dewhurst wants to do, I don’t think we should arm teachers. I would favor hiring veterans or former or off-duty peace officers to work at the schools. The worst idea is funding CHL classes for teachers. I have nothing against CHL classes, having taken one myself, but I don’t think we should arm people who are not comfortable with guns.

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Wednesday, June 23, 2010

Straight shooting

Yesterday I took the all-day course to qualify for a concealed handgun license, or CHL, also known as bypass into the Capitol. The course ran from 8 a.m. to 6 p.m. and concluded at a shooting range in the hills northwest of Austin. Our group consisted mostly of lobbyists, who were the first to discover the value of having a CHL.

The day consisted of a lecture by our instructor, who I will call Joe, about the laws pertaining to CHLs, interspersed with his observations. He read from a packet that each of the ten members of the class had. Joe started with the eligibility requirements. You must have a valid ID, be a U.S. citizen, be at least 21 years old, can’t have a felony conviction or be a fugitive from justice or be chemically dependent, and you must not have a psychiatric disorder that would make you unable to exercise sound judgment about the proper use and storage of a hand gun. Nor can you have been dishonorably discharged from the armed forces, or be delinquent in making child support payments or state or local taxes or be in default of an education loan, or be subject to a protective or restraining order. I found it particularly interesting that the CHL process becomes a collection point for child support and back taxes. In the afternoon, we would be tested over all this information.

Joe read out loud the material we were supposed to know: the length of a license (four years), how to renew your license (take another course), possible restrictions (employers may prohibit CHL holders from carrying on the job and from keeping a firearm in his car on the premises at their workplace, when a license can be suspended (for example, if you fail to submit a change of address when you move).

So far, it’s all been boilerplate. But then we learned that it is a crime to carry a weapon on his person if he is not on his own premises, or inside a motor vehicle that he owns or that is under his control. Further, it is a crime to have a weapon in your car that is in plain view. You can cover it with a jacket, but if you display it in plain sight, it is considered to be a threat.

You can carry a concealed handgun inside a vehicle or in route to your vehicle but it must be concealed in the car. Joe recommended attaching a lock box in the trunk.

CHL holders cannot carry a weapon onto the premises of a public or private school, into a passenger transportation vehicle, or a polling place on election days, or into a government court, or a race track, or the secured areas of an airport.

You can’t exhibit a firearm in a school parking lot or any other area that is school property.

You can’t carry a handgun that intentionally is not concealed, or on the premises of a building that derives 51% or more or its income from alcoholic beverages sold for on-premises consumption.

Other no-nos: a sporting event (high school, college, or pro), correctional facility, hospital or nursing home, amusement park, church or other place of worship, or governmental meeting place, or hospital or nursing home. As someone who has never liked right-to-carry, I was surprised to find out how many restrictions there are.

Criminal trespass: carrying a concealed handgun on the property of another if entry is forbidden or remaining on the property is forbidden.
(The license holder must receive either oral or written notice from the owner.)

The next section is about making a firearm accessible to a child. A person commits an offense if a child gains access to a readily dischargeable firearm and the person failed to secure the firearm, or left it in a place where the child could gain access. Gun dealers must display a warning to customers that it is unlawful to store unsecured firearms in a place where children can obtain access.

The prohibition against allowing a person to possess a firearm in a place that sells alcoholic beverages does not apply unless the business is a “51% business” (presumably a bar or tavern).

State law does not authorize the seizure or confiscation of any firearm or ammunition from a person who is lawfully possessing or carrying the firearm or ammunition.

The “castle doctrine” removes the requirement to retreat before using force on someone who enters your home, vehicle, or workplace. The force used still must be justified. Our instructor warned us to “exercise caution.” How do you justify using force? That is a question I hope I never have to answer.

The next section was on non-violent dispute resolution. Our instructor urged us not to use rash words. Don’t focus on anger, blame, accusations, and harsh words. Listen to what is said, listen to the other person. This was the only touchy-feely part all day. We learned about parent-adult-child “ego states.” CHL holders should be in their “adult states” in a confrontation. The idea is to avoid an escalation of tensions. Not to be polite. But because the other fellow might be carrying too.)

We have now reached the guts of the course: the use of force.

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