License to Kill

Arrests Involving Texas Concealed Handgun License Holders

Section One: Arrests

• In 1996 Texas concealed handgun license holders were arrested for weapon-related offenses at a rate 22 percent higher than that of the general population of Texas aged 21 and over.⁸

• In the first six months of 1997 the weapon-related offense arrest rate among Texas concealed handgun license holders was more than twice as high as that of the general population of Texas aged 21 and over.⁹

• While proponents of concealed handgun laws deny that licensees will attempt to take the law into their own hands, DPS data reveals that 236 concealed handgun license holders have been arrested on weapon-related offenses including deadly conduct/discharging a firearm, failure or refusal to display handgun license, failure to conceal a handgun, and unlawful carrying of a handgun.¹⁰

• According to the DPS, 42 arrests of concealed handgun license holders involved family violence, including: one alleged murder; one arrest for attempted murder; and, seven arrests for aggravated assault with a deadly weapon.

• six charges of murder or attempted murder involving at least four deaths;

• two alleged kidnapping incidents;

• forty-nine cases of alleged aggravated assault with a deadly weapon; and,

• two-hundred nineteen individuals charged with driving while intoxicated.

Kidnapping

Aggravated Kidnapping—Seguin, Texas

• On April 28, 1997 concealed handgun license holder Diane James was arrested by Seguin, Texas police in the aggravated kidnapping of a young woman. According to the San Antonio Express-News, Diane James and her husband David abducted a San Antonio woman in her 30s off the street as she walked home. According to police reports the woman was assaulted with a stun gun, pulled into the James' van, and then taken to their home where she was kept naked and in chains. The woman reportedly told police that David James told her she was going to be "trained" as a sex slave. The woman escaped the next morning and ran to a neighbor's home. David James—armed with an AR-15 assault rifle—followed the woman to the neighbor's home. When the police arrived at the scene a shootout ensued in which David James was killed. Diane James was convicted of aggravated kidnapping on November 21, 1997 and was sentenced to 15 years in the Texas Department of Criminal Justice Penitentiary.

Capital Murder—Houston, Texas

• On May 15, 1996 concealed handgun license holder Francisco Santos-Rojo was arrested for attempted capital murder in connection with the robbery-slaying of diamond broker Janos Szuc in Szuc's southwest Houston office on January 24, 1996. Houston police report that Santos-Rojo allegedly paid off a cleaning woman for security access into Szuc's office building and waited outside in a getaway car during the incident. According to the Houston Chronicle, brothers Alberto and Reinaldo Dennes allegedly shot and wounded a security guard in Szuc's building with a 9mm pistol fitted with a silencer, shot and killed Szuc, and then stole $3.6 million in diamonds from Szuc's office safe before driving off with Santos-Rojo. The Dennes brothers were arrested and charged with capital murder in late February 1996, and Santos-Rojo was arrested in May. He was later indicted for capital murder. Houston police state that Santos-Rojo was released on bond and is awaiting trial.

Felony Arrests of Concealed Handgun License Holders in Texas January 1, 1996 to October 9, 1997

• On May 19, 1997 concealed handgun license holder Daniel Meehan of Pinehurst, Texas was arrested for the alleged shooting death of a woman who had been living with him. According to reports in the Orange Leader, Selma Pieruccini was found dead in her home from a 9mm gunshot wound in the back. At the time of her death she was separated from her husband who was caring for their four children in Pennsylvania. The Beaumont Enterprise reports that Meehan was charged with murder and remains in custody at the Orange County Jail without bail.

• On July 9, 1997 the Midlothian Police Department arrested concealed handgun license holder Stephen Ray Harrelson for attempted murder. According to an article in Midlothian Today, Harrelson allegedly entered his estranged wife's home and forced her into a back room. There, he allegedly stuck a pistol to her head. The woman contacted her children in front of the home and they were able to alert the police by calling 911. A struggle broke out and the woman was able to get Harrelson to leave. A police pursuit of Harrelson—who still had his firearm—ensued. According to police, when he was located Harrelson threatened to kill himself. He eventually laid down his weapon and surrendered. Harrelson was released on bond and is awaiting trial.

According to the Department of Public Safety there have been 219 incidents in which concealed handgun license holders were arrested for driving while intoxicated. The Texas Penal Code states that the holder of a concealed handgun permit commits an offense if he carries a handgun while intoxicated regardless of whether it is concealed.

Driving While Intoxicated—Cleveland, Texas

• On March 8, 1996 concealed handgun license holder Thomas Earl Richardson was arrested by the Cleveland, Texas police department for driving while intoxicated and unlawfully carrying a handgun by a license holder. The officer who filed the report noted that "the ‘92 Toyota came close to hitting the concrete wall on the right side of the highway three times and the vehicle crossed the left center lane four times." The reporting officer also noted that he had to pull a stumbling Mr. Richardson away from oncoming traffic as he exited his car: "Due to Richardson's demeanor, poor balance, and inability to walk without going sideways, this officer felt that it would be safest to take Richardson into custody and placed him in the patrol car before he got hit by oncoming traffic." The officer found a loaded Colt .45 pistol and two extra loaded clips in Mr. Richardson's car. The reporting officer noted that the Intoxilyzer revealed that Mr. Richardson's alcohol level was nearly twice the legal limit. Mr. Richardson plead guilty to the driving while intoxicated charge. He received one year probation, a $400 fine, and $232 in court costs. His driver's license was probated for 90 days. The charge for unlawfully carrying a handgun was dropped.

  
  

Charge	Number of Offenses
Assault Aggravated Assault w/Deadly Weapon Assault Causing Bodily Injury or Involving Family Violence Terroristic Threat Retaliation Assault on a Public Servant Assault Assault-Warrant for Arrest	120 1 106 9 1 1 1 1
Weapon-Related Offenses Unlawful Carrying of a Weapon Failure or Refusal to Display Handgun License Deadly Conduct Deadly Conduct/Discharging Firearm Disorderly Conduct/Discharging Firearm Deadly Conduct/Displaying Firearm Disorderly Conduct/Displaying Firearm Disorderly Conduct/Discharging or Displaying Firearm Failure to Conceal Handgun	194 129 40 18 1 1 1 1 1 2
Conduct-Related Offenses Disorderly Conduct Harassment Lewd or Indecent Conduct Official Oppression	15 4 6 4 1
Sexual Misconduct Prostitution Indecent Exposure Possession or Promotion of Child Pornography	15 12 2 1
Automobile-Related Offenses Driving While Intoxicated Driving While License Suspended Failure to Stop & Give Information Reckless Driving Obstructing Highway Passage	228 215 6 4 2 1
Drug-Related Offenses	24
Theft/Burglary/Larceny	29
Criminal Mischief	16
Violation of Protective Order	7
Criminal Trespassing	7
Unlawful Sale of Alcoholic Beverages	4
Fraud	5
Arrest-Related Offenses	14
Other12(1)	5
Total Number of Offenses	683

The Texas concealed handgun law restricts carrying in several settings including: bars, courtrooms, schools, and hospitals. Concealed handgun license holders are provided with a list of restricted areas in the penal code section of the guide distributed by the Department of Public Safety. Private businesses are also allowed to restrict concealed carry on private premises. However, records from the Department of Public Safety reveal that there have been 163 arrests for unlawful carrying.

Unlawful Carrying—Houston, Texas

• In an incident reported by the Houston Police Department, a concealed handgun license holder was arrested on April 10,1996 at the George Bush Airport for carrying a firearm in a prohibited area. Details on the offense noted that the "defendant placed carry-on bag on the X-ray belt at the airline screening check point with handgun inside." The officer noted that "defendant stated that she thought she had left the gun at home and did not know the gun was inside her bag."

Proponents of concealed handgun laws often object to proposals for psychological or emotional testing of concealed handgun license applicants. In the February 1995 public hearing of the Senate Judiciary Committee on the Texas concealed handgun bill, Senator Royce West asked the bill's author, Senator Patterson, "If police officers have to go through psychological testing in order to have the right to carry a gun and make a decision on life and death, do you think that citizens should likewise undergo psychological testing?" Senator Jerry Patterson responded: "I do not. We're not training police officers, we're arming citizens...." Suicidal tendencies may be one disqualifier that would become apparent through psychological testing. In fact, according to the DPS, there have been at least three suicides involving concealed handgun license holders and several attempted suicides. The VPC was able to obtain records on one of these incidents.

Suicide—Austin, Texas

• On March 10, 1996 Austin Police reported the handgun suicide of a white male who was a concealed handgun license holder. According to the police report, the victim's wife had moved out of their house earlier that day. The victim had reportedly called his wife threatening to kill himself. When his wife arrived at the house she found her husband dead of an apparent gunshot wound to the chest. She reported that while her husband had never previously threatened to kill himself, he did suffer from depression, was on medication, and had a "drinking problem."

Unintentional Shooting—Austin, Texas

• On March 23, 1996 Austin police were dispatched to a shooting call after concealed handgun license holder Harry Hart was reported to have unintentionally shot himself in the foot at the Thrift Town discount store in Austin. In the police description of the incident, the reporting officer noted, "Harry advised that he was in the rear of the store in the book area. He had gotten a book and was sitting down on the bench. He had in the rear of his pants in his lower back area a loaded Springfield Armory model 1911-A1 .45 semi-automatic [pistol]....As Harry sat down the weapon was uncomfortable in his back/buttocks area. As Harry attempted to adjust the weapon it fired one round. The hammer on the weapon was cocked and locked and there is a safety on the hand grip. The round exited the holster, Harry's blue jeans, went through the bench and into Harry's right foot. There was no exit wound in Harry's right foot....Harry holds a valid concealed handgun license...." Four days later the reporting officer wrote, "I informed him [Harry Hart] that we would not be pursuing charges, but I encouraged him to seek safe ways to carry his weapon. I did not find anything in the new gun laws involving licensed permit holders involved in accidental shootings. I also contacted Diane Lawson, the person who instructed his gun class to let her know what happened, and ask that she stress safety in carrying weapons."

6) The DPS is responsible for administering and reviewing concealed handgun license applications, providing statistical data on concealed handgun license holders, and directing the application and training process for the certified handgun instructors.

7) According to the Department of Public Safety, between January 1, 1996 and October 9, 1997 there were 263 felony and 683 misdemeanor arrests involving concealed handgun license holders. There were also more than 400 "miscellaneous" incidents involving license holders reported by the department. Miscellaneous arrests include out-of-state incidents as well as felonies and misdemeanors committed prior to licensure that the department did not identify during the application process. These included such crimes as: statutory rape; violation of the Private Investigators and Private Security Agencies Act (acting as a security guard when not on duty); breaking and entering; larceny of dangerous animals; involuntary manslaughter; and auto theft. The miscellaneous category also includes incidents involving concealed handgun license holders that do not fit into the felony or misdemeanor categories.

8) In 1996, according to the DPS' Crime Records/Crime Information Bureau/UCR, 9,135 persons aged 21 and older were arrested for weapon-related offenses (illegal carrying, possession, etc.) in Texas. According to the Texas State Population Estimates and Projections Program at the Texas State Data Center, in 1996 there were an estimated 12,698,243 adults aged 21 and older in Texas. The 1996 weapon-related arrest rate among all Texans aged 21 and older was 72 per 100,000. Arrest records from the DPS list 101 weapon-related arrests among concealed handgun license holders in 1996. The DPS reports that there were 114,809 concealed handgun license holders in 1996. The 1996 weapon-related arrest rate among Texas concealed handgun license holders was 88 per 100,000.

9) In the first six months of 1997, according to the DPS' Crime Records/Crime Information Bureau/UCR, 4,373 persons aged 21 and older were arrested for weapon-related offenses (illegal carrying, possession, etc.) in Texas. According to the Texas State Population Estimates and Projections Program at the Texas State Data Center, in 1996 there were an estimated 12,698,243 adults aged 21 or older in Texas (1996 estimates are the most recent available). The weapon-related arrest rate among all Texans aged 21 and older for the first six months of 1997 was 34 per 100,000. Arrest records from the DPS list 113 weapon-related arrests among concealed handgun license holders in the first six months of 1997. The DPS reports that as of June 30, 1997 there were 142,324 concealed handgun license holders. The weapon-related arrest rate among Texas concealed handgun license holders for the first six months of 1997 was 79 per 100,000.

10) There have also been five felony-related arrests in which concealed handgun license holders were arrested for impersonating a police officer.

11) Other includes: retaliation; perjury; and tampering with government records.

12) Other includes: failure to appear, cruelty to animals, failure to make a political meeting public, abuse of official capacity, and possession of gambling equipment.