Texas Penal Code 46.06 (2) (c) and 46.13 (c) (1)

[cbp210]

We had this conversation with coaches and parents of some shotgun teams as we just had a recent incident involving another team member. Several weeks ago he was at school and had a flat of shotgun shells in his trunk. No gun but only shells still in its factory boxes. There was a lockdown at this school and K9 explosive dogs from the SROs got a hit positive on his trunk. They pulled him from his class and asked to search and found the flat. He was not part of the lockdown but they still questioned him and he told them he was part of a shotgun team and he normally transports flats. They gave him hassles but let him go. This action led to several teams including my daughter team to researching the legal aspect of our kids going to practices and back and forth with sporting equipment. I researched both these sections of law and notice it states both charges under (C) it is an affirmative defense to Prosecution but nothing about arrests. According to this the police officer can still arrest and seize. Any inputs especially from State peace officers?

 

[jordanmills]

Generally, a DA would not bother prosecuting something where there is a clear affirmative defense. The LEOs in that jurisdiction would have general directives to not arrest for that, since the accused would just get out of jail when the prosecutor won't file charges. Or the LEOs would just know not to bother since they've probably seen it before. Or, by newer policies in some especially mismanaged jurisdictions, the LEOs would have to call in and get approval before making an arrest.

 

[dfwpi]

Similar situation years ago, but involved a “knife” in the bed of a truck. Security was checking cars using a narcotics detection dog and saw this knife in the bed of the truck. Kid pulled from class, officers called and then I was asked to respond the scene as I was the shift sergeant.

In a nutshell, kid had been fishing with his grandfather over the weekend, a sandwich was made and the butter knife used to spread mayo was left in the bed of the truck. I told officers to clear the scene, VP threw a fit saying there was a zero tolerance for weapons on school property, and I basically told him, in a politically correct way, to pound sand, and we weren’t making an arrest for kitchen utensils and that we don’t enforce school zero tolerance policies.


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[cbp210]

Generally, a DA would not bother prosecuting something where there is a clear affirmative defense. The LEOs in that jurisdiction would have general directives to not arrest for that, since the accused would just get out of jail when the prosecutor won't file charges. Or the LEOs would just know not to bother since they've probably seen it before. Or, by newer policies in some especially mismanaged jurisdictions, the LEOs would have to call in and get approval before making an arrest.

So very true but there are times when you have radicals running local government like Harris County DA and want to either make an example or discourage activities. I see this used as a potential abuse if the wrong people like Judge Lina or Kim Ogg or others in Blue Cities in Texas take full charge kind of like what is happening in California. Hell shooting clubs can no longer publish youth tournaments without the threat of prosecution. We are in the process of seeking more guidance from the Kim Ogg office but no response.

 

[cbp210]

Similar situation years ago, but involved a “knife” in the bed of a truck. Security was checking cars using a narcotics detection dog and saw this knife in the bed of the truck. Kid pulled from class, officers called and then I was asked to respond the scene as I was the shift sergeant.

In a nutshell, kid had been fishing with his grandfather over the weekend, a sandwich was made and the butter knife used to spread mayo was left in the bed of the truck. I told officers to clear the scene, VP threw a fit saying there was a zero tolerance for weapons on school property, and I basically told him, in a politically correct way, to pound sand, and we weren’t making an arrest for kitchen utensils and that we don’t enforce school zero tolerance policies.


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That is awesome. This is why we need clarification as you will have radical-minded people like that VP looking to make a name for themselves by punishing others. Your incident is a clear example of why there needs to be uniformity. Imagine if you had a yes-man uniformed officer rather than yourself at this incident.

 

[BigRed]

Why the circle jerk?

Tell them they can go **** themselves all the way to Hell.

 

[Wiliamr]

Bless their pea picking souls.

 

[jordanmills]

So very true but there are times when you have radicals running local government like Harris County DA and want to either make an example or discourage activities. I see this used as a potential abuse if the wrong people like Judge Lina or Kim Ogg or others in Blue Cities in Texas take full charge kind of like what is happening in California. Hell shooting clubs can no longer publish youth tournaments without the threat of prosecution. We are in the process of seeking more guidance from the Kim Ogg office but no response.

You're right. A lot of these defenses and affirmative defenses need to be turned into exceptions.

 

[Ausländer]

A politically motivated/power hungry DA won't care that the charges won't stick. They will get free press online, on TV, in print, etc to help them run for higher office and it will potentially cost the person/their family who was charged $$$$ to defend (not to mention the negative press/social media that will follow the person).

This is a win/win in the eyes of the left.

 

[cbp210]

A politically motivated/power hungry DA won't care that the charges won't stick. They will get free press online, on TV, in print, etc to help them run for higher office and it will potentially cost the person/their family who was charged $$$$ to defend (not to mention the negative press/social media that will follow the person).

This is a win/win in the eyes of the left.

California is a good example with their new BS marketing gun law. They are threatening to go after shooting clubs and 4H teams.

 

[cbp210]

Why the circle jerk?

Tell them they can go **** themselves all the way to Hell.

I would love too but they have the power to destroy our loved ones if we are not careful.

 

[cbp210]

You're right. A lot of these defenses and affirmative defenses need to be turned into exceptions.

Exactly. All we need is a radical biased leftist like Kim Ogg and Lina Hidalgo which can destroy a person.

 

[Tnhawk]

California is a good example with their new BS marketing gun law. They are threatening to go after shooting clubs and 4H teams.

The insane liberal laws of CA usually are minicked soon after by the liberals om the east coast.

 

[cbp210]

The insane liberal laws of CA usually are minicked soon after by the liberals om the east coast.

That is what we need to stop.

 

[Pelicandriver]

That is awesome. This is why we need clarification as you will have radical-minded people like that VP looking to make a name for themselves by punishing others. Your incident is a clear example of why there needs to be uniformity. Imagine if you had a yes-man uniformed officer rather than yourself at this incident.

There are plenty of government bureaucrats who work hard and want to do a good job. But, there are those, like that vp, that turn into petty tyrants when given some power.

 

[cbp210]

There are plenty of government bureaucrats who work hard and want to do a good job. But, there are those, like that vp, that turn into petty tyrants when given some power.

All it takes is that one and your kids life is destroyed for nothing. As another poster stated we need exceptions not affirmative defense to prosecution.

 

[dgax65]

California is a good example with their new BS marketing gun law. They are threatening to go after shooting clubs and 4H teams.

Of course. It's easier to scare the law-abiding into ceasing an activity than it is to get criminals to obey laws. They have shown by their actions that they are more interested in ending lawful ownership of firearms than they are criminal use of firearms. They don't look at criminals as being a threat to the ruling class. Hell, they treat them like a valued constituent group. Armed free citizens on the other hand...

 

[dsukid]

The issue is effectively two fold.

A. It is a boring fix legislation that the LE community will balk at.
B. They keep adding to the problem each session.

 

[CharlieWH2O]

Similar situation years ago, but involved a “knife” in the bed of a truck. Security was checking cars using a narcotics detection dog and saw this knife in the bed of the truck. Kid pulled from class, officers called and then I was asked to respond the scene as I was the shift sergeant.

In a nutshell, kid had been fishing with his grandfather over the weekend, a sandwich was made and the butter knife used to spread mayo was left in the bed of the truck. I told officers to clear the scene, VP threw a fit saying there was a zero tolerance for weapons on school property, and I basically told him, in a politically correct way, to pound sand, and we weren’t making an arrest for kitchen utensils and that we don’t enforce school zero tolerance policies.


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Do schools no longer have dinner knives in the cafeteria?

 

[seeker_two]

Do schools no longer have dinner knives in the cafeteria?

At our school, students only get flimsy plastic sporks.....