JJ

Joe >

01/11/2012 10:28 AM

Re: O/T: New York Lawyer vs Texas Sheriff

>>>>>>>>
* Follow along - three different sections of the Texas Penal Code:
1. You shall not carry a pistol on or about your person.
2. The foregoing does not apply to travelers,
3. Persons in their cars are travelers.
---------------------
Convoluted, yes.
'Traveler' routinely interpreted as crossing at least 2 county
lines. Equally meaningless, since that could be a matter
of feet depending on where you start and end.
Another portion of the law said 'carrying large sums of money'.
Also undefined. I had a store once and saw guys coming in fresh
from a couple of weeks offshore on a rig with thousands in cash
in their wallets and no thought of it. My store receipts may not have
been much over what I started the day with, but I carried on the daily
trips to the bank. And in those days, if I had 40 bucks in my wallet,
that was a large sum to me. Go figure.

><clip> ...for that is how they bankroll the budget.
And then there was Hungerford (59S).

-J





This topic has 1 replies

Hh

"HeyBub"

in reply to Joe > on 01/11/2012 10:28 AM

01/11/2012 8:39 AM

> * Follow along - three different sections of the Texas Penal Code:
> 1. You shall not carry a pistol on or about your person.
> 2. The foregoing does not apply to travelers,
> 3. Persons in their cars are travelers.
> ---------------------
> Convoluted, yes.
> 'Traveler' routinely interpreted as crossing at least 2 county
> lines. Equally meaningless, since that could be a matter
> of feet depending on where you start and end.
> Another portion of the law said 'carrying large sums of money'.
> Also undefined.

Ah, no, as to the definitions.

The actual law said "... does not apply to travelers" and completely ignored
the definition of "traveler."

Over the years, various courts have applied their own definitions: 1)
Crossing a county line, 2) More than 100 miles, 3) Overnight, and so on. The
courts strengthened even these definitions: Your route had to be by the most
direct path; you were not a "traveler" if you temporarily ceased moving,
such as getting gas or having lunch, and so on. There was never an
exemption, so far as I know, for carrying large amounts of cash.


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