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by KBCraig
Tue Oct 02, 2007 3:28 am
Forum: 2007 Texas Legislative Session
Topic: Wait 'til next year
Replies: 66
Views: 34776

Nitrogen, we think alike! Including the reservation about federal legislation, even though we would enjoy the result.

I opposed LEOSA, even though I benefit from it. I don't believe Congress should pass laws that override state laws.

Kevin
by KBCraig
Thu Aug 23, 2007 6:18 pm
Forum: 2007 Texas Legislative Session
Topic: Wait 'til next year
Replies: 66
Views: 34776

When it comes to public institutions (agencies, schools, universities, etc.), aren't any rules concerning the wearing or bearing of arms contrary to the Texas constitution?

Article 1 - BILL OF RIGHTS
Section 23 - RIGHT TO KEEP AND BEAR ARMS
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.


As the courts have held, only the Legislature has this authority; subordinate governments do not. The Legislature reinforced this when they made it clear that government agencies cannot use PC 30.06 to restrict CHLs. Local Government Code 229 also makes it clear that municipalities cannot restrict carrying of arms, although they can restrict some discharge of firearms (but not all).

Public universities, colleges, and schools are all "taxing authorities", whose boards are elected officials; they are governments. Is there a section of the statutes that authorizes them to restrict possession or carry of arms?
by KBCraig
Wed Aug 22, 2007 3:01 am
Forum: 2007 Texas Legislative Session
Topic: Wait 'til next year
Replies: 66
Views: 34776

Re: Wait 'til next year

tomneal wrote:It's not too early to start our list for 2009.
GMTA! I've been thinking about "Goals for 2009" for a few days now.

- SB501 - 30-06 has no meaning when cities post their facilities. Make it a Felony for the any government official that posts a building in Texas, including federal buildings. Also includes the Houston Red Badge of CHL. (This falls under the heading of Dream Big.)
I prefer a different approach. (Although I do like the idea of attaching personal criminal liability to any government official who orders signs posted without authority -- the feds call it "Deprivation of rights under color of law", and it's a felony.)

I suggest a back-door approach. Neuter PC 30.05 by eliminating 30.05(d), which enhances criminal trespass from Class C (same as a speeding ticket) to Class A (up to 1 year in jail), if in possession of a "deadly weapon". That enhancement is why 30.06 was so important to pass: CHLs had much more to lose if they "trespassed" beyond a "no guns" sign.

Federal

- Buy and sell guns anywhere in the US. If they are doing the background check in Washington, there is no reason I shouldn't be able to buy a gun in Nevada.
The problem is that some states are their own point of contact for NICS. Not all calls go to the NICS center. Some states are NICS for long guns, and state police for handguns.

And then the bigger picture is that it's not the federal government's business who buys a gun from whom, in which state.

- Carry in National Parks

- Carry in Post Offices. (Did I read that it's only a $50 fine? Maybe I'll just spot them the $50 if they spot me and take offense.)
Solution: Eliminate all federal "no guns" zones. Don't allow any federal agency (including DoD) to have rules that are more restrictive than those of the state where that site is located.

- Make it legal to use abbreviations on a 4473 yellow form. Remove County from the form. (TX, Hou., Y, N Should all be ok.) (If you know the city, state, and zip, Why do you need the county?)
This is administrative, not legislative. ATF makes their own forms, and the rules for filling them out.

Which leads us to:
- Dissolve the BATF.
I know just how to do that. :grin:

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