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How do those DA "change" what the STATE LEGISLATORS put into force

Isn't that breaking the law in a sense?

I would make it a point to Jury Nullify straight against him if I was on a trial where that blockhead was throwing his judicial weight around regardless of the laws!

This has been discussed many times, but since you joined recently I'll try to explain it briefly.

The law makes it an offense to possess a handgun. Then it provides exceptions. One of the exceptions is when you are traveling. The 2005 modification of the law, which is in effect through the end of this month, says that you are presumed to be traveling if you are in a private motor vehicle (and other conditions are met).

The prosecutor can rebut the presumption that you are traveling. That is what prevents this type of arrest and prosecution from being outright malfeasance.

None of these cases goes to a jury trial, AFAIK. The citizen is arrested, his car is impounded, and his weapon is seized. He has to hire a lawyer and pay through the nose to get it ironed out.

- Jim

seamusTX wrote:None of these cases goes to a jury trial, AFAIK. The citizen is arrested, his car is impounded, and his weapon is seized. He has to hire a lawyer and pay through the nose to get it ironed out.

Which leads me to a most desireable prediction:

"Former DA (insert yer favorite person ) was soundly defeated in yesterdays election..."

stevie_d_64 wrote:Which leads me to a most desireable prediction:

"Former DA ... was soundly defeated in yesterdays election..."

We can wish, but no one is running on this issue. Most of the DAs involved are in liberal counties. Mr. Rosenthal is unique, as far as I know; but Harris seems to be a "yellow dog Republican" county.

- Jim

seamusTX wrote:

stevie_d_64 wrote:Which leads me to a most desireable prediction:

"Former DA ... was soundly defeated in yesterdays election..."

We can wish, but no one is running on this issue. Most of the DAs involved are in liberal counties. Mr. Rosenthal is unique, as far as I know; but Harris seems to be a "yellow dog Republican" county.

- Jim

I have only three word to say to that. "Lynn-Bradshaw Hull"
nuff said

A lot of those listed counties are rural counties not city counties. Colorado County (Columbus) for instance.

Doug.38PR wrote:A lot of those listed counties are rural counties not city counties. Colorado County (Columbus) for instance.

I did not realize that.

Columbus is on I-10 between San Antonio and Houston. Maybe they have a lot of trouble with transient traffic.

Not that that is a good reason to disregard the law.

- Jim

While we are discussing Chuck, I believe he also fought for Cities and Counties right to use 30.06.

^
That's kind of a moot point anyway isn't it? 30.06 or not, you're not supposed to carry in county and city government buildings (and schools) anyway according to the law.
Yet I've seen many county courthouses tha thave 30.06 postings on their entrances, Liberty and Harrison to name two off the top of my head.

Doug.38PR wrote:^
That's kind of a moot point anyway isn't it? 30.06 or not, you're not supposed to carry in county and city government buildings (and schools) anyway according to the law.
Yet I've seen many county courthouses tha thave 30.06 postings on their entrances, Liberty and Harrison to name two off the top of my head.

Schools, prisons and courthouses are off limits. All other government buildings are perfectly legal. A 30.06 sign is meaningless in a government building unless it's posted at the entrance to a meeting of a governmental body. In all other cases it's either invalid, or redundant (because the particular building is off limits by statute).