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Cedar Park Dad wrote:Unless he can prove he came in through the other door (video or some manner) I'd bet good money he loses if this is pursued.

However, I'd also bet the case is dropped-wait unless he hasn't actually been charged inwhich case I'd say he's never charged.

Interesting codicil. Say its dropped. how does he get his license back? Same to same if he's never even charged?

EDIT: I can't see the sign itself posted in the OP (work blocked for some reason). I'm assuming its a valid 30.06 sign

Not a valid 30.06. Not even close to anything resembling a 30.06. Just a 'handguns prohibited' sign. Will be a good test case.

Cedar Park Dad wrote: I'm assuming its a valid 30.06 sign

Nah, it's just a tiny little white gunbuster with the words "HAND GUNS PROHIBITED" also in white on a glass surface.

It is a fun buster sign with "hand guns prohibited"

Keith B wrote:
Not a valid 30.06. Not even close to anything resembling a 30.06. Just a 'handguns prohibited' sign. Will be a good test case.

If it gets taken to trial.
We'll see how much attention this gets... Stuff like this encourages demonstrations.

troglodyte wrote:It is a fun buster sign with "hand guns prohibited"

fun buster sign. You've livened up a difficult day.

Subscribed on this one.

cb1000rider wrote:

Keith B wrote:
Not a valid 30.06. Not even close to anything resembling a 30.06. Just a 'handguns prohibited' sign. Will be a good test case.

If it gets taken to trial.
We'll see how much attention this gets... Stuff like this encourages demonstrations.

Sounds like a fun road trip to the Great Plains.

I don't wish any harm to the guy, but this is what we've all been waiting for. We now have a volunteer to be the test case and I for one am glad since I can't afford it. Like everyone else I'm anxious to know the outcome. Please keep us updated.

Concealed is concealed.

I suspect the clinic now has a civil action against them if he decides he wants his legal fees reimbursed by someone.

Really hard to imagine this was in Texas.

I suspect some people in Levelland are shaking their heads.

Cedar Park Dad wrote:

Beiruty wrote:If the city lost the case, if the DA did not drop the charges, all legal fees should be reimbursed, no?

No. Thats not how the criminal justice system works.
Frankly thats not how our legal system works generally.

That is not how it works, true.

However, a wrongful arrest lawsuit should net him from $5 to $25k based on other firearm rights/wrongful arrest settlements I am aware of.

As far as "test case", highly unlikely this will ever go to trial. The statute language is so clear, that is why it is so clearly a wrongful arrest.

Jumping Frog wrote:

Cedar Park Dad wrote:

Beiruty wrote:If the city lost the case, if the DA did not drop the charges, all legal fees should be reimbursed, no?

No. Thats not how the criminal justice system works.
Frankly thats not how our legal system works generally.

That is not how it works, true.

However, a wrongful arrest lawsuit should net him from $5 to $25k based on other firearm rights/wrongful arrest settlements I am aware of.

As far as "test case", highly unlikely this will ever go to trial. The statute language is so clear, that is why it is so clearly a wrongful arrest.

His legal fees will be more than $25,000, I bet.

drjoker wrote: His legal fees will be more than $25,000, I bet.

Right now there isn't even an arrest if I read things right. They walked him out and made him put his gun is his car, showed him the sign, then took his CHL and said they would charge him. Couple of things wrong with that as I don't believe they can seize his CHL without an arrest and if they didn't arrest him then and there it will be the DA not the cops who decide so........

Honestly this is a stinker of a case. There is almost no way it even gets to court never mind being found guilty. I have trouble imagining this even being put in front of a judge but sometimes in small towns you get some surprising results. If this cost me more than $500 bucks I would figure an attorney was working me because this is a phone call case.

Yikes.

EEllis wrote: Honestly this is a stinker of a case. There is almost no way it even gets to court never mind being found guilty. I have trouble imagining this even being put in front of a judge but sometimes in small towns you get some surprising results. If this cost me more than $500 bucks I would figure an attorney was working me because this is a phone call case.

You can get very surprising results in small towns, especially when adjudicated by a JP. Course, if you can afford it, you can appeal to a real judge...
I didn't spot the part where he didn't get arrested - that's interesting..

I thinking he or his lawyer needs to call the DPS. I thought they were the ones who decide if your CHL is suspended or revoked, not the local PD.