Latest / Live to Shoot - Defending our 2nd Amendment Rights / Even Texas Gun Owners Can Get Arrested

Transcript

Even Texas Gun Owners Can Get Arrested · Live to Shoot - Defending our 2nd Amendment Rights

• 0:14
  Welcome to the Live Shoot podcast.
• 0:15
  My name is Jeff Dowell, and I've been a licensed firearm dealer for the last 18 years.
• 0:19
  And this podcast talk about all things related to the Second Amendment, anything else going on in the world, sports story, or anything else that I might find int- interesting.
• 0:26
  So welcome, welcome, welcome.
• 0:28
  So, little bit longer gap between episodes, and that is v- primarily because I did a little traveling last week.
• 0:35
  I made a trip out to Florida, and I can't remember if I've mentioned it on my podcast or not, but a, a month ago, I had my first grandbaby born Wyatt, and he is awesome.
• 0:51
  But also 11 days before that, I had my first great nephew born.
• 0:57
  I- his sister is my great-niece, and she is amazing.
• 1:03
  And Christopher was born 11 days prior and in June, and we went out to meet him for the first time in Florida, and we had an amazing time.
• 1:15
  And he is awesome.
• 1:17
  His sister is awesome.
• 1:18
  We got to spend a lot of time just hanging out with them, their parents but primarily we went to see them.
• 1:25
  And again, Christopher is amazing.
• 1:28
  And if you don't have any babies in your life, I've got two now, a great gr- a grandbaby and a great nephew.
• 1:36
  They're awesome.
• 1:37
  You need to get some.
• 1:38
  Highly recommend them.
• 1:40
  And like I said, my great-niece, she's cool too, and we just love hanging out.
• 1:45
  We saw Toy Story 5.
• 1:47
  Pretty good.
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  Might recommend it.
• 1:49
  So but, you make your own choices.
• 1:52
  So what are we talking about this week?
• 1:54
  Well, we are talking about how important it is to know what your local and even federal gun laws are.
• 2:02
  And, and what is that?
• 2:03
  What what am I talking about?
• 2:04
  Well, I want to just give you a little story, and I don't know if you followed it or heard the story of James Harden.
• 2:09
  He's a NBA basketball star.
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  Now he plays for the Cavaliers.
• 2:15
  He was with the Clippers.
• 2:17
  But he spent a good portion of his career in Houston, and he was arrested last week in Houston.
• 2:23
  And when you hear a celebrity got arrested, you, you're gonna think drugs, DUI, something like that.
• 2:28
  But no, James Harden was arrested over a firearm.
• 2:31
  And when you hear about a celebrity or an athlete getting arrested over a firearm, you're thinking New York, LA, someplace like this.
• 2:39
  No, we're talking about in Texas, a legally owned firearm.
• 2:43
  And the issue wasn't that he had a gun, it was how he was traveling with it.
• 2:47
  So we don't know every single detail about this.
• 2:51
  It's been a little unclear, but we can kind of s- surmise what has happened, and it's where you can get in trouble if you don't know the law.
• 3:00
  So let's talk about Texas for a second.
• 3:02
  Texas is widely considered one of the most, gun-friendly states in the country.
• 3:06
  We have constitu-constitutional carry.
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  We have o- are one of 29 states that have constitutional carry in the US, and those are states like Alabama, Arkansas, Florida, among many others that have this constitutional carry.
• 3:21
  We have strong protection for gun owners.
• 3:23
  People move here specifically because they feel like their Second Amendment rights are respected, and all that's true.
• 3:28
  But in Texas, there can be legal traps if you don't know every single rule in your bro- book.
• 3:34
  So we- Like I said, we have to carry a handgun without a permit if you're under twenty-one years old and not otherwise prohibited.
• 3:42
  And that's constitutional carry, and that was signed in law in twenty twenty-one.
• 3:47
  Now, here's an example of where the law can get you.
• 3:50
  The law in Texas says under twenty-one, but there's a federal a, a law out there right now that has enjoined it that, that allows it to be up to eighteen.
• 4:00
  So in Texas, you could potentially carry, open carry under eighteen, but if you get caught the Texas law is twenty-one, federal law is eighteen, again, could be some ramifications.
• 4:13
  But again, there are other restrictions like where you can carry, how y- the firearm needs to be stored whether you're in a vehicle, types of property, and so much...
• 4:23
  so and so on.
• 4:24
  So what's that mean for somebody like James Harden?
• 4:26
  Well, it means even in Texas, with a legally purchased firearm, the way you handle it, it can get you-- can mean something.
• 4:35
  So think about that.
• 4:36
  You bought a gun legally, you own it legally, you have a right to possess it, but you get put in the wrong spot in your car or you carry it in a way that technically violates some provision, and now you're in handcuffs.
• 4:46
  And that's the core h- issue here.
• 4:49
  This isn't about James Harden.
• 4:51
  It's about you and me and every other gun owner who assumes that because they're in a pro-gun state, they automatically in the clear.
• 4:57
  You're not, and not always.
• 4:59
  So laws exist, and I'm not saying they...
• 5:02
  there should be zero regulations on how firearms are transported, but the complexity of these laws creates a real problem.
• 5:09
  The average gun owner, and I talk to them every single day, the average gun owner does not have a detailed understanding of every statute and sub-statute related to carrying and transporting their firearm.
• 5:19
  They ask me those questions, and I try and give them good advice, but I am not a lawyer.
• 5:23
  I don't even play one on TV.
• 5:25
  So they know they have constitutional carry, they know they can have a g- a, a gun in their home, but the finer points, those specific rules those locations, those types of things, they c- they can be confusing and people should always be aware of and understand what those laws are.
• 5:42
  So- The broader point I want to make is when we talk about defending the Second Amendment, we often focus on big fights like federal legislation, ATF overreach, Supreme Court, and they matter.
• 5:54
  They matter enormously.
• 5:55
  But stories like this remind us that some of the most dangerous threats to gun owners comes from the small print, the local ordinances, those state-level technicalities, the regulations that turn a legal gun owner into a criminal over what might be a paperwork issue.
• 6:12
  So what do you do?
• 6:14
  First, know your state laws, and I mean really know them.
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  Don't just assume.
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  If you carry in your vehicle, understand exactly what that means.
• 6:21
  Every state has different rules, and that's-- and what's perfectly legal in Texas might be a felony in another state.
• 6:25
  And third, consider getting a license to carry.
• 6:28
  Even, even in Texas, they don't require it.
• 6:31
  Having a license to carry can provide additional legal protections, and it recognizes in, in other states, the reciprocity agreements, and it's just good insurance.
• 6:41
  So what happened to James Harden?
• 6:43
  Well, here's what we think happened.
• 6:44
  He was in his vehicle, and he had a, a firearm in there, and he would be, quote-unquote open carrying it probably because and, and he probably did not have it in a, in a what is considered a holster.
• 7:01
  He may have had it as a magnet that was attached under his dash.
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  He may have had it in the little holder in the, in the, in your side of the door.
• 7:08
  He may have had it in the cup holder, something of that nature.
• 7:12
  But it was not holstered, and that is the key t- requirement in Texas if you're going to open carry, is it has to be in a holster.
• 7:20
  And here's the catching part too.
• 7:21
  Holster is not defined in the, in the statute.
• 7:24
  So that's another sticking point.
• 7:26
  People make an assumption of what they believe a holster is, and this may be an argument that James Harden makes when he-- if he goes to court about how he was transporting it and how he was carrying it.
• 7:37
  Now, if he just had it sitting on his seat, probably not much of an issue.
• 7:41
  But if he had it in something that was attached to the vehicle, that may or may not been what others would consider a holster, could be an open...
• 7:49
  We don't know because it's not really laid out in, in the arresting records at this point in time.
• 7:54
  But that's what we suspect happened.
• 7:56
  The difference is if you're concealed carry, you have a license to carry concealed you don't have to have a license if you're concealed carry, it has to be concealed.
• 8:05
  Doesn't have to be in a holster.
• 8:07
  But if you sh- but your point with carrying when a concealed is if you reveal it, if it's not being concealed, that's where you get in trouble.
• 8:15
  Doesn't have to be in a holster.
• 8:17
  But if your shirt rides up or something of that nature.
• 8:20
  Open carry is you don't care.
• 8:23
  It can be wide open, but it's got to be in a holster.
• 8:25
  Those are kind of two distinguishing differences.
• 8:28
  So- And know your laws.
• 8:33
  It's important.
• 8:34
  Know your laws.
• 8:35
  Understand what they mean.
• 8:37
  Understand what happens if you're in, in one state and you're moving over into another state.
• 8:42
  Is there reciprocity?
• 8:43
  Do you have a license to carry?
• 8:44
  Do they have constitutional carry?
• 8:47
  Does it apply to you?
• 8:49
  All those things are important.
• 8:50
  And there's resources out there.
• 8:52
  The US Con- Concealed Carry Association and such can give you some of those broader stints of r- rules.
• 8:59
  You can go to Grok, you can search some of those.
• 9:02
  But make sure you understand what those rules are and always err on the side of s- being conservative, because if you don't know, it's better to, to, to not carry into a place that you may be restricted from or such, versus fi- facing some felony charges.
• 9:22
  It's very important.
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  But know your laws.
• 9:25
  Know your laws.
• 9:26
  And other point, kids.
• 9:29
  Get kids.
• 9:30
  They're worth the time.
• 9:32
  They're fun.
• 9:32
  So if you found this valuable, subscribe, share, share it with somebody, especially your friends who carry.
• 9:38
  Give it five stars.
• 9:40
  Do all that kind of stuff to, to help spread the word.
• 9:43
  It's important.
• 9:44
  I'm Jeff Dowles, Live to Shoot.
• 9:46
  And just stay informed and stay armed and know your laws, and I will talk to you next week.