You are only talking about EMS people.What’s my DtP? It’s right in .06(f) and in .07:
(f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01 .
You are only talking about EMS people.What’s my DtP? It’s right in .06(f) and in .07:
(f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01 .
You are only talking about EMS people.
Using your logic nobody can be trespassing if they claim to be EMS. I don’t know why you think that this is a viable defense to prosecution for the average person that carries past a no trespassing sign.No, I’m not. Did you read 46.01, where volunteer emergency services is defined.
Here, let’s just get it out in the open:
(18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001,
That’s pretty plain language, but I’ll repeat it here absent all the other words around it and within the grammatical confines:
any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations.
There is no further definition or limitation. That’s a statute wide enough one can can drive an aircraft carrier thru it.
How does one provide proof of being a volunteer?
Using your logic nobody can be trespassing if they claim to be EMS. I don’t know why you think that this is a viable defense to prosecution for the average person that carries past a no trespassing sign.
Don't quote me arrest data. Your argument for defense to prosecution is to claim EMT status or to be providing emergency services which for a non-EMT is during an actual emergency, as the law says. If your argument is valid nobody can be successfully prosecuted for any trespass of any kind by claiming such status. But note that for non EMT there has to be an emergency. Sorry you are tired about this. It is a hypothetical situation but I don't believe a LTC holder carrying past a 30.06/07 sign will get off the hook saying he carried past the sign because he was there to provide services in an emergency situation (unless there really was such an emergency).This is getting tiresome. The statute says what it says in plain language. You keep insisting that statute only applies to EMS and you’re flat out wrong.
You’ve said anyone printing in a .06 place is going to get LEO attention real quick. The data shows less than about 3 thousandths of one percent of the relevant firearms convictions are for a .06 or a .07 violation.
Your beliefs are not supported by the statute or by the data.
Don't quote me arrest data. Your argument for defense to prosecution is to claim EMT status or to be providing emergency services which for a non-EMT is during an actual emergency, as the law says. If your argument is valid nobody can be successfully prosecuted for any trespass of any kind by claiming such status. But note that for non EMT there has to be an emergency. Sorry you are tired about this. It is a hypothetical situation but I don't believe a LTC holder carrying past a 30.06/07 sign will get off the hook saying he carried past the sign because he was there to provide services in an emergency situation (unless there really was such an emergency).
Ham radio?No, I’m not. Did you read 46.01, where volunteer emergency services is defined.
Here, let’s just get it out in the open:
(18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001,
That’s pretty plain language, but I’ll repeat it here absent all the other words around it and within the grammatical confines:
any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations.
There is no further definition or limitation. That’s a statute wide enough one can can drive an aircraft carrier thru it.
Ham radio?
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We already have a surprising amount of progress there. Volunteer emergency services personnel are exempt from 30.06/30.07. No definition in law, so it's basically up to you to define for yourself. For the sake of all of us, please make sure it's honest, legitimate, and verifiable. Get an amateur radio license and a storm spotter certification and/or participate in ARES/RACES, register for and work an event on crowdsourcerescue.com, etc.This is what needs to be eliminated next. Enforceable signs.
Arguably. For better coverage (and for the benefit of all of us) make sure you participate in a storm weather net at a minimum. Get in with ARES/RACES (organized emergency response group, but most local groups require use of services that are illegal for amateur radio operators to use as amateur radio operators outside of emergencies, so I won't participate in their ops).Ham radio?
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I think you're not reading what you're talking about. Not all EMTs qualify for the exemption. Only volunteer EMTs would qualify. They also qualify for exemptions to other sections, such as carrying in "bars", but only while engaged in providing those services. That seems clearly indicate legislative intent to carve out different levels of exemption for a perceived difference in level of relevance to an emergency (for example, a volunteer storm spotter would likely not be spending time hanging out in a bar like they might be in a grocery store picking up milk when a line of tornadoes breaks out and their immediate participation is needed, but a EMT in a VFD might need to enter a bar to treat someone for a life-threatening condition that comes up while the victim is at the bar).Don't quote me arrest data. Your argument for defense to prosecution is to claim EMT status or to be providing emergency services which for a non-EMT is during an actual emergency, as the law says. If your argument is valid nobody can be successfully prosecuted for any trespass of any kind by claiming such status. But note that for non EMT there has to be an emergency. Sorry you are tired about this. It is a hypothetical situation but I don't believe a LTC holder carrying past a 30.06/07 sign will get off the hook saying he carried past the sign because he was there to provide services in an emergency situation (unless there really was such an emergency).
I think you are mixing me up with that other fellow. You seem to be arguing my points.I think you're not reading what you're talking about. Not all EMTs qualify for the exemption. Only volunteer EMTs would qualify. They also qualify for exemptions to other sections, such as carrying in "bars", but only while engaged in providing those services. That seems clearly indicate legislative intent to carve out different levels of exemption for a perceived difference in level of relevance to an emergency (for example, a volunteer storm spotter would likely not be spending time hanging out in a bar like they might be in a grocery store picking up milk when a line of tornadoes breaks out and their immediate participation is needed, but a EMT in a VFD might need to enter a bar to treat someone for a life-threatening condition that comes up while the victim is at the bar).
Like I said, I don't think you're reading what you're talking about.I think you are mixing me up with that other fellow. You seem to be arguing my points.
I respect your convictions. I may not agree with your interpretation but I respect someone who practices what he preachers.Here’s real world data. Since that language was added in 2017, I’ve ignored all .06/.07 and now .05 signs. I carry a 1911 pretty much al day, every day and don’t take a whole lot of precautions to make sure I don’t print.
I’ve yet to have an LEO encounter, much less have been asked to leave a posted location. The only place I have been asked leave was posted .06 and not .07, so I openly carried in there. Took until after our meal was ordered and I had been back and forth to the restroom before somebody came and said they knew it wasn’t posted .07, but would appreciate it if we would take our order to go. So we did. It was a cordial conversation in a popular area of San Antonio, which another member here has sworn SAPD has arrest on site orders for situations like this.
Hell I even carried past six NPS LEO Rangers who were within arms reach inside an NPS facility in New Mexico a year ago and nothing happened. It wasn’t until I went to use the restroom as we were leaving that I had an oh shit moment.
You have have you’re beliefs and that’s fine, but you simply cannot disprove mine.
And I have no idea what you are saying here.Like I said, I don't think you're reading what you're talking about.
You're saying that there's something goofy with people understanding an exemption to 30.06 and 30.07 for anyone who has a legitimate claim to being called "volunteer emergency services personnel" under the definition in TPC 46.01, right?And I have no idea what you are saying here.
Just the reverse. I think that it is logical to have the exemption. The words here are legitimate and emergency. I think that just like in good samaritan laws anyone responding to an emergency should have a defense to prosecution or lawsuit.You're saying that there's something goofy with people understanding an exemption to 30.06 and 30.07 for anyone who has a legitimate claim to being called "volunteer emergency services personnel" under the definition in TPC 46.01, right?