• November 27, 2014

Dropped charges against soldier in handgun case draws comment

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Posted: Saturday, January 12, 2013 4:30 am

To the Editor:

I read Thursday’s (Jan. 10) headline “Charges dismissed against Fort Hood staff sergeant” with mixed emotions.

Clearly this man broke the law. Texas Penal Code (§ 46.035. (b) (4) reads, “ A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder’s person on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;”

There is no mention or requirement for hospitals to post any concealed carry license forbidden signs on their doors. The unlawful carrying of a handgun by a license holder is emphasized over and over in the four concealed carry classes I have taken.

There are also usually three or four questions on this subject on the CCL written examination as well.

Dismissing the charges through “legal wrangling” based on the fact that there was “no notification on the doors of the hospital’s ER indicating weapons were prohibited when this man entered the hospital” should have been a moot point. He should have known better.

This man also admitted that he had been drinking that night. Section 46.035 (d) reads, “A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.” The newest CCL class I took in 2011 said no alcohol may be consumed while you are carrying a concealed weapon.

I do not think the Killeen police officer who arrested him was the party with “a lack of education.” I think this staff sergeant got off easy. He did several things that evening that put his military career in limbo.

I hope he has learned something about personal responsibility from all this; however, from the tone of the article, it does not sound like he did. The judge should have required him to take and pass a CCL refresher course given by a qualified instructor.

George Van Riper

Harker Heights

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6 comments:

  • Bubba posted at 9:38 am on Sun, Jan 13, 2013.

    Bubba Posts: 753

    If memory serves, the security guard involved allegedly saw a "bulge' in the victim's clothing and inquired if he was carrying concealed. The victim answered in the affirmative, and was subsequently illegally arrested, imprisoned, and charged for exercising his legal rights.

     
  • Bubba posted at 9:36 am on Sun, Jan 13, 2013.

    Bubba Posts: 753

    What is your problem with Americans exercising their Constitutional rights? Where do you get off making these kinds of irrelevant, provoking comments?

     
  • Viktor posted at 3:42 pm on Sat, Jan 12, 2013.

    Viktor Posts: 317

    Same two people on their soapbox about gun rights.

     
  • Bubba posted at 11:13 am on Sat, Jan 12, 2013.

    Bubba Posts: 753

    PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person: (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate; (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06. [url removed] You're the one in need of training.

    Edited by staff.

     
  • Bubba posted at 10:47 am on Sat, Jan 12, 2013.

    Bubba Posts: 753

    The citizen was acting within his rights. The hospital, the guard, the police, and the DA all misapplied and broke the law. The citizen was unlawfully arrested and charged; he was unlawfully imprisoned, and had his personal property confiscated in violation of law. They should all be formerly charged for their offenses.

    There was no "legal wrangling" involved here; people rushed to judgment and acted irrationally and illegally, and then had the law instructed to them by the citizen. Clearly, none of those who perpetrated this act have any qualification to hold these positions and should be fired or allowed to resign. Starting with the Chief of Police and the DA.

    The law reigns supreme here in America, not the half-witted shriekings of those placed in a position to abuse their authority and ignore that very law.

     
  • Dr Strangelove posted at 10:01 am on Sat, Jan 12, 2013.

    Dr Strangelove Posts: 550

    Mr. Van Riper, I’m a member of the Texas Concealed Handgun Association. This link shows where you can carry in Texas: [url removed] There is a lot of confusion on carrying in a hospital or nursing home, amusement park, established place of religious worship, or meeting of a governmental entity where 30.06 sign is not posted. According to PC 46.035 (i) Subsection (b)(4), (b)(5), and (c) DO NOT APPLY if the actor was NOT given effective notice under section 30.06.’ Thus you may carry in these locations unless they post 30.06 sign or otherwise provide notice. I carry to Mass every week if I’m not notified by the Parish Priest or a 30.06 is not posted I can carry in a place of religious worship. That was one of the first questions I asked in my CHL class and was told under the old statute you could not carry inside those locatiions; under the revised statute we can. My question; in Texas we have CONCEALED carry so how did anyone find out he was carrying? Somehow that law was broken.

    Edited by staff.