From: [an 168742] at [anon.penet.fi] (Spimby) Newsgroups: tx.guns,talk.politics.guns Subject: Texas AG says CHL Metro ban not legal Date: Fri, 31 May 1996 15:25:33 -0600 -----BEGIN PGP SIGNED MESSAGE----- Haven't seen anyone else post this...so here it is... Spimby Public key available at BAL's PGP Public Key Server AUSTIN, Texas, May 29 (UPI) -- A legal opinion issued Wednesday by Attorney General Dan Morales effectively guts city ordinances against carrying concealed handguns on buses. The ruling states that criminal trespass cannot be committed on a bus. Several transit authorities in Texas have attempted to restrict access to mass transit by threatening prosecution under criminal trespass laws of licensees who board buses while carrying concealed weapons. State Sen. Jerry Patterson, R-Pasadena, a co-sponsor of the handgun law in the 1995 Legislature, said the legal opinion means that transit authorities cannot enforce restrictions on licensees. ``This is the first of many ill-conceived and unconstitutional restrictions placed on concealed handgun license holders that will be found to be legally unenforceable,'' Patterson said. Patterson added: ``Concealed handgun license holders may ride the bus without fear of retribution if their weapons remain concealed.'' The legal opinion, which has the force of law unless overturned by a court, means mass transit authorities cannot enforce restrictions against carrying guns on buses under criminal trespass laws. Such restrictions have been adopted by mass transit authorities in Houston and Austin. Morales, citing a state appeals court ruling, said Texas law clearly restricts criminal trespass to a habitation or building. ``The Texas Court of Criminal Appeals is the highest authority on the criminal law of Texas, and it has made clear that criminal trespass may not be committed on a motor vehicle,'' the opinion states. ``We conclude that the offense of criminal trespass...may not be committed on a bus.'' -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQB1AwUBMa9jq528KlPUz6rFAQE+NwMA0tmxoTVtUK4NwMbPR0Blvjyf+yOXD9S3 IIRtfHXDQJ0rxR45yr/sAvh+7B6rJABbrbK9XTNFzJTpX7DowL7k5MtFicDvWW8/ 1SFKl5laJ8vFE+ChO9XWyfmPGWdNQEVz =ebaV -----END PGP SIGNATURE-----