TexasCHLforum.com

http://www.thefiringline.com/forums/sho ... p?t=243724

The story in this link says it all.

Burns me up that they stole his gun from him after he won dismissal charges.

Read a comprehensive article here on this case and carrying in Texas in general, requires free registration with The New York Times.

Opposites The National Rifle Associatioin and The American Civil Liberties Union have united on this front.

http://www.nytimes.com/2007/04/05/us/po ... 5guns.html

Mr. Patton, ... won dismissal of his charges but spent a night in jail and was out not only his $300 pistol but also $1,500 to his lawyer, ... and $268 for the towing and impoundment fee for his Ford Explorer.

This is why I keep pointing out that getting arrested is not a minor thing.

- Jim

Losing respect for both the law and those who claim to enforce it, one taxpayer at a time . . .

He's still got a nice 1911.

Although we don't know the details of the incident...

My initial reaction is that he should file suit and civil rights violations against the officer and department.

I stand to be corrected, but isn't this the guy who testified at the committee (impact witness) where HB 1815, or the "Motorist Protection Act" was being heard???

I thought I recall this guy being one of the folks who have been effected by this issue...

stevie_d_64 wrote:I stand to be corrected, but isn't this the guy who testified at the committee (impact witness) where HB 1815, or the "Motorist Protection Act" was being heard???

I thought I recall this guy being one of the folks who have been effected by this issue...

stevie_ , you are absolutely correct. He made a VERY effective witness.

I wasn't able to get there in person but I watched the whole discussion of HB1815 on the archived video of the House Law Enforcement Committee meeting.

He said that it cost him about $4000 and was still trying to get his pistol back.

This is UNBELIEVABLE!

I guess the legislature is going to have add some verbiage like, "If one gets in a vehicle, turns the engine on and proceeds to put in gear he/she is traveling."

This story also confirms one of my original motivations to get my CHL.

This fellow might decide to get a CHL. I guess I not very smart
but I thought if he beat the charges he would get his gun back.

First I'd state that I was a Criminal Justice major is school and used to have idealistic views of serving the greater good. Well needless to say I ultimately took my life in another direction.

At the same time I have many relatives and friends that are LEOs today.

It saddens me to see the rift that is growing between the public and the LE community.

Many in LE have lost the view that the power of arrest resides with the People. It is granted to peace officers by way of the People.

Many have lost any perspective that it is about protecting and serving. This has unfortunately been backed by the highest courts in the land by ruling that there is no obligation for the police to protect the citizens.

For that matter the Attorney General of the US stated the other day that Habeus Corpus was not a right of all citizens.

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Attorney General Alberto Gonzales testified that habeas corpus -- the right to go to federal court and challenge one's imprisonment -- is not protected by the Constitution.

"The Constitution doesn't say every individual in the United States or every citizen is hereby granted or assured the right of habeas,'' Gonzales told Sen. Arlen Specter, R-Pa., during a Senate Judiciary Committee hearing Jan. 17.

Gonzales acknowledged that the Constitution declares "habeas corpus shall not be suspended unless ... in cases of rebellion or invasion the public safety may require it.'' But he insisted that "there is no express grant of habeas in the Constitution.''
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When the laws of the People are ignored and the police become nothing more than Enforcers of the State. That compounded by the State hiding behind warped logic and twisted speech... Well, only tragedy can follow.

I hope that in the end sanity reigns and those in the LE community stand up to DAs and superiors that twist and corrupt the laws. I suppose it's OK to hope.

I have just one question:

How can they keep HIS gun??

I know some of you will be able to explain this to me.

Thanks, OE

OverEasy wrote:I have just one question:

How can they keep HIS gun??

I know some of you will be able to explain this to me.

In the end, they can't. But they're putting him in the position of making them give it back, which is going to cost him a lot of money.

Call it sour grapes, vengefulness, or just plain pig-headedness; it's the same attitude that caused them to arrest and charge him in the first place, even though he was within the law.

Kevin

how can they legally do that? Why would he have to go to court to get his gun back? They have no legal grounds for holding HIS property?

Doug.38PR wrote:how can they legally do that? Why would he have to go to court to get his gun back? They have no legal grounds for holding HIS property?

They ARE the law and can do what they want until someone gets them to stop. See Susan Gaylord Buxton's case for an example. She had to sue to get her gun back after it was confiscated pursuant to her shooting of a home invader.