"I thought you lived in Texas"

E

Eghad

New member
HOUSTON, April 4 — Keith Patton was driving home one night in February when police officers pulled over his red Ford Explorer for a traffic stop.

His license and insurance form were in his gym bag on the floor near the back seat. Under the bag was a .357 Magnum.

Mr. Patton, 51, an oil-field geologist, software tester and martial arts instructor from suburban Katy, told the police about the gun, which he said he had bought hours before from a co-worker for target shooting. Moments later, he was handcuffed and on his way to jail, facing a charge of unlicensed carrying of a weapon.

Tim Curry, the criminal district attorney in Tarrant County, which includes Fort Worth, concurred, according to the report, which quoted him as advising the police, “A trip to the grocery store with plans to return home does not constitute traveling.”

Mr. Keel disagreed. “It’s no longer an issue of how far you’re going,” he said. “The Legislature ended that debate.”

That view was small comfort to Mr. Patton, who won dismissal of his charges but spent a night in jail and was out not only his $300 pistol but also $1,500 to his lawyer, Samuel Cammack III, and $268 for the towing and impoundment fee for his Ford Explorer.

Almost worse was the mortification. “Everyone thinks this is the Wild West,” Mr. Patton said. “My dad was incredulous. He said, ‘I thought you lived in Texas.’ ”
Click to expand...

Amazing that elected DAs can willfuly violate the spirit and intent of a state law. Mr Curry needs to be sent to the house.

Mr Curry is also a Republican to boot....lol proving once again that politicians of any flavor cant be trusted to preseve our 2nd Amendment Rights. We the people need to speak loudly and carry a very big stick when it comes to politicians and gun rights.

http://www.nytimes.com/2007/04/05/us/politics/05guns.html
 
Moments later, he was handcuffed and on his way to jail, facing a charge of unlicensed carrying of a weapon.
Click to expand...

Huh? surley there is more. Was the gun loaded? did they concider as carry8ing a concieled in the back seat under a bag?
I know here we can have one on the seat nextto us loaded but not under the seat comcieled without a CCW


Will this stick be made out of steel, have .50 inch opening, and be attached to a mechanical mechanism?
Click to expand...
Huh?
Wack not smoke them weeds.
 
That view was small comfort to Mr. Patton, who won dismissal of his charges but spent a night in jail and was out not only his $300 pistol
Click to expand...

So if the charges have been dismissed why do they still get to STEAL his gun from him?!!!:mad:
He should get HIS gun back. It is HIS property!
 
Quote:
Moments later, he was handcuffed and on his way to jail, facing a charge of unlicensed carrying of a weapon.
Huh? surley there is more. Was the gun loaded? did they concider as carry8ing a concieled in the back seat under a bag?
I know here we can have one on the seat nextto us loaded but not under the seat comcieled without a CCW
Click to expand...

Loaded or unloaded doesn't matter. In Texas, you are prohibited from having a handgun on or about your person, and the law doesn't address loaded or unloaded, concealed or open. The law then gives a number of exceptions, such as having a Concealed Handgun License, traveling, being on property you own or control, etc.

Because the law doesn't define traveling, and there was never a statewide court ruling on the matter, the legislature made a backhanded definition by adding this:
a person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.

"Presumed" means it can be rebutted at trial, but it's pretty hard to rebut that someone was "in a private motor vehicle". That's why the charges were dropped. Still, some big-county DAs have declared that they want people arrested and charged anyway. The current session of the legislature is working on slapping down the DAs who have a reading comprehension problem.

They could do the job best by eliminating all of PC chapter 46, but that's probably a bit too much to hope for.

Kevin
 
Yep, I live in Texas and damn glad of it

And that, sports fans is why I live on my own small farm six miles from the nearest small community ! Have a Texas CHL but seldom carry as there is
very little need to in these parts.

Life is too brief to waste any of it in Houston, Dallas, Ft. Worth, etc.
 
Yep, I live in Arizona and damn glad of it

Do you think he has a lawsuit on his hands?
I'm not saying to get rich, Im saying this to get the fees he must now pay, his firearm returned or replaced and some compensation for being arrested and held overnight?

Not knowing the whole case, it appears he was wronged.
 
Should've kept his mouth shut and handed him the license and registration.

"Sir do you mind if we search your vehicle?"

"Yes I mind."
 
Actually, Patton didn't even need the "traveling" defense if he bought the gun that day (legal to transport to & from the place of purchase). Probably why the DA dropped the charges.

Patton does have grounds to demand his firearm back from the police--esp. if no charges have been filed. Unfortunately, he may have to go to court to get a writ & spend more than he did for the gun itself (hope he or his attorney at least insisted upon a receipt from the PD).

LEO's and DA's are NOT your friends. Use your rights (esp. search & seizure rights) accordingly.... :mad:
 
LEO's and DA's are NOT your friends. Use your rights (esp. search & seizure rights) accordingly....
Click to expand...

Seriously. If you know what you're doing isn't against the law, you've no reason to ever let an officer search your car. Heck, even if you've got a trunk full of explosives and marijuana you've no reason to let an officer search your car (and even more reason not to let him).

Of course, if the gun is in plain view this isn't going to help you much.

Also, and I think I've brought this up before, how exactly is it you can be made to pay fines and/or fees when you've clearly done nothing illegal and all charges have been dropped? How is this not simply extortion by the government? The guy in this case should be able to sue the city for legal costs. As well as "pain and suffering" or possibly just compensation for time concerning that night in jail. Sounds dangerously close to false arrest to me.
 
The carry law in TX applies specifically to Center and rimfire handguns. Pack a Navy model. Also, loaded long guns in a vehicle are legal in TX. Why pack a pistol when you can have a Mossy 500 or a CAR-15?
 
Tim Curry was badly tromped by the great Racehorse Haynes in the murder case against Cullen Davis several years ago. Against a million dollars and one of the greatest criminal attorneys, Curry couldn't cut the mustard. He is just pure small town, good on DWIs and Non-payment of child support and defendents with little money for an attorney.
 
Unfortunately, it seems these days that many prosecutors are more concerned with winning than they are in seeing that justice is done.
 
+1 Juan

If I had a brand new car and was on the way home from the dealer I would tell a LEO " no get a warrant if you want to go thru my personal stuff".
 
You must log in or register to reply here.
Back
Top