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Old October 30, 2011, 11:26 PM   #55
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 18,222
Quote:
Travelling was never properly defined in the Texas Penal Code in my day but was generally held to mean "travelling from one county, through another, to a third county with the intention of staying overnight," or so we were taught.
Correct. Unfortunately, in the absence of an official definition, judges could choose their own definitions.

The legislature first attempted to patch the problems with old law by saying that a person in a vehicle was "presumed to be travelling" which placed the burden of proof on the state to demonstrate that the person was not travelling. Several DAs in large TX cities banded together and basically made it public that they would instruct officers in their area to question any person stopped for traffic violations in such a way that the person would be likely to destroy the presumption of travelling with his answer. The legislature didn't take kindly to the DAs attempt to nullify their hard work and, in the next legislative session, passed a law that is "DA proof".
Quote:
...poor substitute for the training offered in any well-taught CHL class.
I like the fact that having a handgun in the car without a CHL is no longer an offense, however I agree that a CHL class has a lot of good information in it. On more than one occasion I've advised people who have no intention of ever possessing a gun outside their own home to take the deadly force section of a TX CHL class just so they'll know the self-defense laws of their state.
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Did you know that there is a TEXAS State Rifle Association?
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