The Texas state legislature voted 139-0 to reduce the penalty for licensed gun owners who accidentally bring their guns to the airport.
Bringing a gun to the airport under any circumstances is a 3rd degree felony in Texas, a penalty that one legislator called a “massive inconvenience.”
Under the new law, CHL holders who are stopped by security will be allowed to put their guns in their vehicles or check it with their luggage.
“One of the big arguments is, ‘What if someone is trying to use it to gauge our security? TSA will record it. If you try it multiple times during the day, you will be targeted,” said Rep. Drew Springer.Texas made it a felony to have guns at airports during the 1990s, when the state first started issuing concealed carry licenses.
The law generated national headlines when State Rep. Drew Darby was charged with a felony after trying to take a .38 caliber Ruger pistol through security at Austin-Bergstrom International Airport in 2013.
The number of guns confiscated at airports in the United States has reportedly quadrupled in the past decade, from 660 in 2005 to 2,212 this year.Darby told security that he forgot the handgun was in his bag.
"Under the new law, CHL holders who are stopped by security will be allowed to put their guns in their vehicles or check it with their luggage."
ReplyDeleteThe first thing I thought of when I saw this is that the new law seems to mirror Mike's philosophy in regards to the prosecution of felons who attempt to purchase a firearm, but are prevented from completing the sale because their status is discovered through the NICS background check. Mike has often said that as long as the system works and the sale is prevented, prosecution isn't a high priority.
"I don't think I said they SHOULDN'T be arrested. I said it's no big deal if they're not. An arrest for the paper crime of lying on a government form is nothing compared to the great good of having prevented the sale."
http://mikeb302000.blogspot.com/2013/09/on-armslist-craigslist-for-guns-1-in-30.html
Wouldn't the intent of this new law be quite similar to your feelings in regards to prosecution of felons attempting to buy firearms?
With this new law, security will be maintained by the firearm being properly stored in checked baggage or off the aircraft. As the article states, a first offense is a wake up call and the individual will be on notice that the next time their caught, it will likely go harder.
Well not exactly. The problem with these guys is if they're capable of forgetting they have a gun with them, they're failing to maintain proper control of that gun. That's a big no-no for permit holders in my opinion - or for gun owners with no permit in those gun-paradise states where that's allowed. You guys have to be totally responsible for your guns at all times.
DeleteMike, you are not acknowledging what ssgmarkcr’s point is. Is forgetting that you have a gun on you somehow worse than “forgetting” that you did time at the state penitentiary from 2007-2012? Or “forgetting” that felons are not allowed to own guns? Yes, we all know how you like to punish legitimate gun owners, but why do you want to go easy on the actual criminals? In the case of the NICS denials, you are ok with the transaction being stopped with no repercussions. To Sarge’s point, that would be the same as stopping someone from boarding the plane with a gun, with no criminal repercussions.
DeleteYes, absolutely, forgetting you have a gun on you - or failing to maintain control of your weapon - is far worse than lying on a government form. The first one involves a real gun that can do harm, the second one does not.
DeleteAnother step in the correct direction
ReplyDeleteDon't you think there's something wrong with a gun owner who doesn't know where his gun is or actually forgets he has one? Is that responsible behavior in your opinion?
DeleteMikeB: "Is that responsible behavior in your opinion?"
DeleteNo. Is it worth arrest, prosecution, and ruining someone's life over? No.
There you go over-dramatizing the result in order to grind your ax. "Ruining someone's life?" Who said that's what has to happen?
DeleteCriminal records really suck for people who want to live a good and productive life. It will ruin most careers. Of course, another conviction isn't a big deal to someone who already has six, but they are not the people you are after.
Delete"Don't you think there's something wrong with a gun owner who doesn't know where his gun is or actually forgets he has one? Is that responsible behavior in your opinion?"......YES and NO however I do not believe it to be behavior worthy of arrest
DeleteYou guys are so näive. What on earth happened to your basic understanding of airport security? Relaxing the rules only encourages crime. It encourages airport employee crime. Fer Crissakes! No penalty for attempting to bring a gun on to a plane?
ReplyDeleteYou're completely out of your minds. You're not thinking straight.
What you do with a succesion of well-heeled numbnuts who refuse to believe they can't carry their weapons on to a passenger flight is you set up special airport police. You make it as inconvenient as possible. You carry them off to the lock-up where somebody has to post their bail. You confiscate their weapons. You give them a choice of 90 days in the slammer or posting some serious cash. This creates a revenue flow at the same time as discouraging bad behavior.
Never happen at LAX. The Lone Star State is truly going to the dogs.
Sweet! I liked this idea before, and after hearing from you, FJ, I like it even better!
DeleteWhat on earth happened to your basic understanding of Freedom and liberty FJ?... Do you support the Naziesque Real ID act FJ? your Gov is telling you it will keep you safer so we must need that kind of infringement of our liberty right
DeleteHow does it encourage airport employee crime FJ?
"Relaxing the rules only encourages crime. It encourages airport employee crime."
DeleteI'm not really understanding how this law affects airport employee crime FJ. As for your suggested course of action for those that violate laws, what you suggested sounds a lot like what is done with those who violate drug laws. How exactly is that drug war thing going so far?
In fact, I recall a posting on this very blog relaxing state drug laws to allow recreational use of marijuana has resulted in decreases in crime.
http://mikeb302000.blogspot.com/2014/09/green-states-legalized-marijuana.html
I'd be a little bit nervous if California, "legalized" pot. As far as I'm concerned, it's quite enough to have legal medical marijuana. I was a big proponent of medical weed in the 1990s because I knew how much it could alleviate suffering associated with cancer, chemotherapy, AIDS and an assortment of extremely serious maladies. I'm sure it can help people with lesser maladies as well. Suffice it to say, the intent of the law has been abused. Pesonally, I'm not gonna go out tomorrow and apply for a card for occasional mild depression just yet. Just look at the sharks and organized crime that this new industry has spawned. The authorities have no way to tell whether all of this weed for sale was grown legally or where the hell it came from. Big players are behind the big grows. There is no way to monitor the sales. It's a shadowy, semi-legal world of scofflaws. I think everything was a lot safer when it was simply illegal. If it was really legal, then we could just buy seeds at the garden center. Fuck taxing it. If I hear one more liberal totalitarian talk about the benefits of this I may go through the roof.
DeleteI think "decriminalization" is the key to drug law reform. Making shit legal doesn't always work out just quite right. That Green States website is a scream. If those poor bastards in Denver can finally get some good weed, then I guess they might feel a little bit better about killing each other.
I don't see how any of this relates to people thinking that they are above the law and that they deserve to carry their guns on airplanes.
"I don't see how any of this relates to people thinking that they are above the law and that they deserve to carry their guns on airplanes. "
DeleteI was using the legalization of marijuana as an example of how relaxing the rules doesn't result in an increase in crime, though in hindsight I think I might have put it wrong.
The issue of airport security is sort of a multijurisdictional mess in that while the regulations regarding what is allowed on an aircraft is controlled by a government agency, arrest and prosecution seems to be done at a local level.
This would seem to be an opportunity to see if is better for everyone involved. Supporting airport security, while not turning a lapse in memory into something that can have a lifetime consequence.
And in effect, what is being proposed in Texas is also a form of decriminalization. Even LAX isn't immune to people suffering the same lapses as happens in Texas, and the outcomes seem to depend on how the system is worked,
"Two recent Airport Court Cases: First, Matthew was hired by a Washington state resident after he was arrested at the LAX airport for having a handgun in his carry on bag. The weapon was detected as he went through the metal detectors. He was booked on a felony, released on bail and given a future Court date. Matthew went to Court for him, he did not need to travel back to California, at Court Mr. Ruff negotiated a deal with the Los Angeles City attorney to have all charges dismissed after the client completed 80 hours of community service in his home state. What is particularly noteworthy about this case is the fact that the client did not need to return to CA for his Court appearance. Even though he was on bail, Matthew was able to handle all appearances for him, thereby sparing him the substantial cost and expense of travel to resolve the case."
http://www.bestlegaldefense.com/Criminal-Defense/Los-Angeles-Airport-Court-Attorney.aspx
Flying Junior: “I don't see how any of this relates to people thinking that they are above the law and that they deserve to carry their guns on airplanes.”
DeleteI’m pretty sure that’s not what’s going on. If that were their intent, they would then sue the TSA for violating their constitutional right to carry a gun on a plane. Yet none of these thousands of cases a year have generated such suit. These are people who forgot there was a gun in the bag. Just like the people who forgot they had a knife, scissors, or screwdriver which happen far more often, and they don’t get arrested.
Freedom and Liberty are just alright. Everyone is free to drive their car and deal with local authorities, local laws, local interpretations of the fourth amendment. Airport security is a high priority. I think we can all agree that x-ray body scans and other extreme measures are an inconvenience. But I never even winced when TSA asked me to do anything. I'll take the pat-down over the x-rays. I just smile and thank them for doing their job.
ReplyDeleteFucking guns on planes? You guys are off the deep end. If all of these NRA idiots weren't intentionally breaking the law, we could afford to be lenient. I don't think it's an appropriate response given the seriousness of the crime and the widespread abuse by right-wing, dickhead gun enthusiasts.
Airport employee crime is as creative as their wicked little minds can dream up. Didn't Mike post about some guys that were busted.smuggling guns in checked baggage? These guys don't think like us. They think outside of the box.
No fucking way. You guys are dead wrong.
FJ - the change in the law does not make it legal to carry a gun onto a plane. It simply reduces the penalty to something that is viewed as more appropriate. And I don't think this would apply to airport employees at all since they are not walking around with carry on luggage at the airport while trying to go through security screening.
DeleteYou guys are off the deep end. If all of these NRA idiots weren't intentionally breaking the law, we could afford to be lenient. I don't think it's an appropriate response given the seriousness of the crime and the widespread abuse by right-wing, dickhead gun enthusiasts."
DeleteFJ, current procedure when a firearm is discovered by airport security is that someone gets arrested and that person will likely never see their firearm again, though I have heard of some exceptions.
So why would anyone intentionally try to take a firearm through security involving metal detectors and x-ray scanning, knowing that this will be the outcome?
"Didn't Mike post about some guys that were busted.smuggling guns in checked baggage?"
I recall the posting though I cant find it FJ. When I did a search though it appears that the employee was helping to bypass security and was getting guns into carry-on luggage. Transporting guns in checked baggage is perfectly legal.
"Investigators said security footage showed Henry carrying a backpack and walking toward a gate in the B concourse around the same time he began texting Harvey. Harvey later entered a men's restroom across from the gate where Henry was waiting, and security footage recorded Henry walk into the same restroom soon after. A minute later, Henry walked back out carrying the backpack where the guns were later found."
http://www.huffingtonpost.com/2014/12/23/eugene-harvey_n_6371620.html
What we are fighting is terrorism. It seems that it is a more real threat today than it has ever been in the past. I don't have any problem drawing absolute lines which cannot be crossed. I have felt this way since the first time I flew after September 11, 2001. I flew from San Diego to London via Dallas. We were all of one accord. Each one of us felt deeply our patriotism and loyalty. It was a way that people come together after a crisis. I know you guys felt it too.
ReplyDeleteI don't believe that these people simply forgot that they were carrying guns. I didn't try to smuggle any weed into New York the summer of 2004.
I don't believe for two seconds that one out of ten of these guys, (and occasional gals) has truly forgotten that they are carrying a gun. I see it as arrogance. They hope to get away with it. They know they probably won't go to jail if they do get caught. That doesn't make it a smart thing to do. But that's the way I see it.
FJ who is the we in "What we are fighting is terrorism" because i am certainly not fighting it and I do not believe you are either unless you have joined delta force recently...The idea that "we" are fighting terrorism by being scared into giving up our liberty's or more appropriately having them stolen from us is hogwash
Delete