TexasCHLforum.com

anygunanywhere wrote:

WildBill wrote: He may also have some kind of immunity as an elected official.

No elected official should ever have any type of immunity for anything they ever do.

They can not have immunity from us. They work for us. We are their employer.

Anygunanywhere

Technically while you do pay their wages indirectly from your taxes, they are an elected official, thus they have an implied employment contract. You can only fire them the same way you hired them, by an election or special election. Unless you can get another governing body to impeach them from office (if that is even in the statutes at the local level of Baytown.)

KaiserB wrote:Technically while you do pay their wages indirectly from your taxes, they are an elected official, thus they have an implied employment contract.

I know what you are getting at, but technically I don't think that is true. If I made as many false promises to my employer as a politician does to the voters, they would certainly fire me.

KaiserB wrote:

anygunanywhere wrote:

WildBill wrote: He may also have some kind of immunity as an elected official.

No elected official should ever have any type of immunity for anything they ever do.

They can not have immunity from us. They work for us. We are their employer.

Anygunanywhere

Technically while you do pay their wages indirectly from your taxes, they are an elected official, thus they have an implied employment contract. You can only fire them the same way you hired them, by an election or special election. Unless you can get another governing body to impeach them from office (if that is even in the statutes at the local level of Baytown.)

Actually I pay their wages directly from my taxes, not indirectly.

Along with their implied employment contract they have sworn an oath to do what they promised to do, and that is to uphold the constitution and obey the law.

Anygunanywhere

KaiserB wrote:

anygunanywhere wrote:

WildBill wrote: He may also have some kind of immunity as an elected official.

No elected official should ever have any type of immunity for anything they ever do.

They can not have immunity from us. They work for us. We are their employer.

Anygunanywhere

Technically while you do pay their wages indirectly from your taxes, they are an elected official, thus they have an implied employment contract. You can only fire them the same way you hired them, by an election or special election. Unless you can get another governing body to impeach them from office (if that is even in the statutes at the local level of Baytown.)

The mayor of Baytown is not an employee. He receives no salary or compensation. Impeachment is not in the Baytown statutes.

As an aside, the mayor made one of my bosses a little angry with this (the alcohol part mostly). We have been handling questions and complaints about it for two days, some even claiming that TABC said to stop selling alcohol. He was adamant that we not only did not say this, but neither we nor the mayor had the authority to ban alcohol sales for this time period. He did note the gun ban was also illegal, but was more upset about the alcohol ban, which I saw as somewhat justified. That is his area of course.

srothstein wrote:As an aside, the mayor made one of my bosses a little angry with this (the alcohol part mostly). We have been handling questions and complaints about it for two days, some even claiming that TABC said to stop selling alcohol. He was adamant that we not only did not say this, but neither we nor the mayor had the authority to ban alcohol sales for this time period. He did note the gun ban was also illegal, but was more upset about the alcohol ban, which I saw as somewhat justified. That is his area of course.

Do you think there will be a repercussions for the mayor?

Probably not publicly. There might be something said quietly and behind the scenes.

Disappointed to receive the following reply from Jim Dark, Exec Dir of the TSRA:

Mike,

According to our local government code, municipal or county governments can stop the sale of firearms in times of declared emergency.

What they cannot do is confiscate, or regulate legal carry of any sort, other than to temporarily disarm a citizen during questioning for officer safety. If no arrest occurs, they are obligated to return the firearms.

Jim Dark

I live outside the city limits so I don't even get to vote against him next time.

Even more disappointed to learn that WalMart and at least one pawn shop in Baytown are still refusing to sell firearms based on last weekend's prohibition.

I have seen no notice of the ban being extended, so this may just be misinformation.

Mike1951 wrote:Disappointed to receive the following reply from Jim Dark, Exec Dir of the TSRA:

Mike,

According to our local government code, municipal or county governments can stop the sale of firearms in times of declared emergency.

What they cannot do is confiscate, or regulate legal carry of any sort, other than to temporarily disarm a citizen during questioning for officer safety. If no arrest occurs, they are obligated to return the firearms.

Jim Dark

I didn't think that was the case, and I'm still not convinced that it is.

LGC § 229.001. FIREARMS; EXPLOSIVES. (a) A municipality
may not adopt regulations relating to the transfer, private
ownership, keeping, transportation, licensing, or registration of
firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(4) regulate the use of firearms in the case of an
insurrection, riot, or natural disaster if the municipality finds
the regulations necessary to protect public health and safety;

The code is specific: the only exception allowed during disasters or riots, is a declaration about the use of firearms. Not sales or possession.

KBCraig wrote:

Mike1951 wrote:Disappointed to receive the following reply from Jim Dark, Exec Dir of the TSRA:

Mike,

According to our local government code, municipal or county governments can stop the sale of firearms in times of declared emergency.

What they cannot do is confiscate, or regulate legal carry of any sort, other than to temporarily disarm a citizen during questioning for officer safety. If no arrest occurs, they are obligated to return the firearms.

Jim Dark

I didn't think that was the case, and I'm still not convinced that it is.

LGC § 229.001. FIREARMS; EXPLOSIVES. (a) A municipality
may not adopt regulations relating to the transfer, private
ownership, keeping, transportation, licensing, or registration of
firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(4) regulate the use of firearms in the case of an
insurrection, riot, or natural disaster if the municipality finds
the regulations necessary to protect public health and safety;

The code is specific: the only exception allowed during disasters or riots, is a declaration about the use of firearms. Not sales or possession.

I agree with KB. Look at the very beginning of section (a)

A municipality
may not adopt regulations relating to the transfer, private
ownership, keeping, transportation, licensing, or registration of
firearms

Correct me if I'm wrong, but a sale is a transfer of a firearm, is it not? The law specifically states that a municipality cannot regulate the transfer of firearms, etc. Use can be regulated, but not transfer, which should mean sales.

barres wrote:Correct me if I'm wrong, but a sale is a transfer of a firearm, is it not? The law specifically states that a municipality cannot regulate the transfer of firearms, etc. Use can be regulated, but not transfer, which should mean sales.

That's how I read it. Which would make the mayor's actions criminal.

"...according to local government code" made the whole statement invalid to me.

All in all a pretty stupid declaration (the Baytown Alcalde) to make...But seeings how I am posting this on generator power, and I have all the firearms I need at this particular juncture, all I need to do is make sure the ammo supply is fat...

I hope the voters in that district remember this in a few weeks if he is up for re-election...

Oh yah...by the way..the Mayor of Baytown is also a practicing LAWYER!

Joy!!!

Seems that there is a rash of pinhead decisions by some of the "leaders" of my town

Wanna see...come to http://www.hotpursuit.com/" onclick="window.open(this.href);return false; its own own hometown forum