Tag Archives: News

Illegal Arrest? Or Dubious Understanding of the Law?…Open Carry

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Over the last 36hrs, Open Carry Texas tweeted that three of their members were “illegally arrested” for openly carrying “pre-1899 black powder revolvers” at the Texas Capitol. News of the arrest has quickly gone “viral.” Infowars.com was also there to record it and has posted video on their website and YouTube channel.

 

There are several video segments on YouTube and other sites in which Open Carry Texas members and even a DPS trooper can be seen reading Chapter 46 (Weapons) of the Texas Penal Code. Specifically, they are reading the definition of a firearm. The text of that section reads as follows:

“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

I hate to be the guy taking unpopular positions but, I honestly think the troopers on the scene made a reasonable call. My father (a retired, 32-year veteran cop), was well known in his department for saying that people often know just enough about their rights to go to jail. Experience has shown me the man knows what he’s talking about. I say that because as I read Chapter 46, the cap-and-ball revolvers may be replicas of pre-1899 firearms but, they are also handguns. Being that it is currently a Class A misdemeanor under Section 46.02 to carry a handgun openly in Texas, an arrest would seem reasonable to most police officers.

It should be noted that none of the people at the scene who were carrying long guns were arrested.  This would seem to indicate DPS troopers clearly recognized that openly carrying a long gun does not, in and of itself, constitute an offense under Texas law. Now having said this, the folks at Open Carry Texas can and should cite the definition of “Firearm” under Section 46.01 in their defense but, I am not a lawyer. There’s a good chance that because of what might be seen as the vaguarities of the law, charges may be dropped…Or not. Time will tell as this story is still in play.

-Gary

Chicago abolishes gun registry in place since 1968…and the planet cracked.

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Read that headline again…Chicago just abolished their gun registry. Seriously, that really just happened. In Obama’s “hometown”…Rahm Emanuel and all. Now the reality is, they really had no choice.  This was not an act done because they suddenly felt like doing the right thing. There was no sudden revelation in which they recognized the 2nd Amendment as an individual right of the people.  In fact, their hands were forced by successive court rulings and legislative changes over the past five years.

For Chicago, the cookie really began to crumble with the 2008 Heller V DC decision in which the Supreme Court of the United States finally ruled definitively that the 2nd Amendment guaranteed (not granted) an individual right to keep and bear arms.  With that, Chicago’s long standing ban on handguns was an obvious target.  Fast forward to 2010 and SCOTUS made it clear that every city and state must recognize the 2nd Amendment. And the hits just kept on rolling in from there as Illinois’ ban on concealed carry was ruled unconstitutional in 2012.  Today’s vote in Chicago is merely the final nail in the coffin.

As a result, Democrats and liberals are stinging from this latest defeat after last night’s unexpected recall victory against Democratic legislators in Colorado who’d supported the state’s latest gun “reforms.”  Interestingly enough, before being defeated last night, Angela Giron herself was quote saying, “For Mayors Against Illegal Guns, if they lose even one of these seats, they might as well fold it up. And they understand that…” Well, it seems they are batting .000 in last night’s recall vote. May the ball keep rolling to the right.

-Gary

Wasserman Schultz on Colo. recall results: ‘This was voter suppression, pure and simple.’

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So anytime Democrats get their asses handed to them and lose even in districts they control, it’s voter suppression/oppression. News flash Wasserman-Schultz; your buddy Giron sponsored the Voter Access and Modernized Elections Act. It was passed by the legislature and signed into law by Hickenlooper in May. The law was specifically written by Democrats to make it EASIER to vote in Colorado than it ever has been before. If anything, Giron enabled the very voters who fired her! But, Wasserman-Schultz says it was all the fault of the NRA and other “outside interests.” Well let’s see who brought bigger “guns” to the fight.

The National Rifle Associations Institute for Legislative Action (NRA-ILA) spend a total of $108,667 through August 28th to buy TV, billboard, and print ads. The Koch brothers, through Americans for Prosperity, bought and distributed “door hangers” for an undisclosed amount. Knowing folks in the printing business, when you buy in bulk, there’s a substantial discount but, let’s just be goofy and spent another $100,000 on that.

Meanwhile, Michael Bloomberg donated some $350,000 Taxpayers for Responsible Democracy, which supported Morse and Giron. In total, the group raise some $708,000 on Morse and Giron’s behalf. But that was before Eli Broad gave them another $250,000 check as Senator Kirsten Gillibrand of New York issued a fundraising call for Giron in an email to supporters. May be I’m wrong but, At best, I can come up with $250,000 spent by out of state pro-gun, conservatives while out of state anti-gun, liberals spent closer to $1 million. A three to one advantage in favor of liberals at worst. It would seem the majority of money spent by “outside interest” was spent by liberals supporting the Democrats who ultimately lost even after passing laws to make it easier to vote. I fail to see the voter suppression going on hear but, I do find it interesting that most of the people photographed crying and comforting each other at Morse’s concession speech weren’t even residents of Colorado! And yet, Wasserman-Schultz maintains the election result was anything but the will of the people of Colorado.

– Gary

Sandy, left, and Lonnie Phillips, of San Antonio, Texas, comfort each other as Colorado Senate President John Morse, D-Colorado Springs, concedes defeat in his legislative recall race in Colorado Springs, Colo., on Tuesday, Sept. 10, 2013. The couple, who lost their 24-year-old daughter Jessica Ghawi in the Aurora, Colo., theatre shooting of July 2012, came to Colorado to campaign for Morse, who with Sen. Angela Giron, of Pueblo, voted for new firearms restrictions in the state and ended up facing the first legislative recalls in state history. (AP Photo/David Zalubowski)

Sandy, left, and Lonnie Phillips, of San Antonio, Texas, comfort each other as Colorado Senate President John Morse, D-Colorado Springs, concedes defeat in his legislative recall race in Colorado Springs, Colo., on Tuesday, Sept. 10, 2013. The couple, who lost their 24-year-old daughter Jessica Ghawi in the Aurora, Colo., theatre shooting of July 2012, came to Colorado to campaign for Morse, who with Sen. Angela Giron, of Pueblo, voted for new firearms restrictions in the state and ended up facing the first legislative recalls in state history. (AP Photo/David Zalubowski)

California lawmakers pass new semi-automatic weapons ban | Fox News

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Not really a surprise that the land of fruits, nuts, and flakes would pass YET ANOTHER law banning gun ownership or otherwise making the process of exercising such a right so expensive and onerous as to provide significant incentive to either leave the state or give up the right entirely.

“…AB500, which passed the Assembly, would require gun owners to safely store weapons when they live with someone who cannot own a weapon because of mental illness or a criminal record.

The Assembly also gave final approval Tuesday to AB1131, which would prevent people who convey a serious threat of violence to a licensed therapist from owning a gun for five years…” See the full article HERE…

While a part of me likes that they actually made an attempt to deal with the mental illness issue, I have a problem with the idea that one person can take away the rights of another individual.  It’s not that I don’t trust doctors (OK, I don’t) but, there are a number of “professionals” who cannot separate their politics from the job they are supposed to do.

As an example, my own sister is in fact, a licensed psychiatrist. We are separated in age by over 14 years and may as well have grown up with entirely different parents in totally different worlds. Conversations I’ve had with her over the years lead me to believe that she thinks just about anyone who owns or wants to own a gun conveys a serious threat of violence. At the same time, she also advocates for anyone wanting to buy a gun to go through a psychiatric evaluation. If I already know you think anyone who owns or want to own a gun conveys a serious threat of violence, what’s the point in bothering with a psychiatric evaluation? Folks; one of us is crazy, the other one is NOT a licensed psychiatrist.

-Gary

Confirmed: George Zimmerman Detained By Police After Wife Said He Threatened Her Family With a Gun, Assaulted Her Father

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Confirmed: George Zimmerman Detained By Police After Wife Said He Threatened Her Family With a Gun, Assaulted Her Father | TheBlaze.com.

Really, George? I know what a bunch of you are thinking.  Innocent until proven guilty! And the man was acquitted but, damn. You’d think you’d go out of your way to keep your nose clean and avoid any and all trouble or controversy after the experience Zimmerman had over the last 18 months.

An I again recognize it may not be a popular position but, I for one have never felt comfortable with the “hero” status this milk toast butterball has enjoyed in many conservative social circles. There are those of us who do not hold him blameless in the shooting that turned into a national circus but, in the interest of justice, we couldn’t see hanging a man when the evidence did not support a murder conviction or even voluntary manslaughter.

None of that meant he wasn’t a bonehead who willingly walked into a situation that got out of hand faster than he thought possible. None of that means he didn’t make decisions that put him in a position where he had to defend himself. May be it’s not fair or overly harsh but, this man’s decision making skills really do seem to be less than optimal.

-Gary