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Russell wrote:Terry Holcomb just posted this up on the Texas Carry Facebook page. I'll probably call in this evening to give it a listen.

Organizer: Terry Holcomb Sr

Subject: Waller County Lawsuit Update and Path Forward

Date and Time 11/29/2016 8:00 PM US/Central (GMT-0600)

1. Dial Into the Conference (United States): (712) 775-7031
Access Code: 454293
International Dial-In Numbers: https://www.freeconferencecall.com/wall/texascarry…

2. Join the Online Meeting:
Online Meeting Link: https://join.freeconferencecall.com/texascarry
Online Meeting ID: texascarry

Notes:
This meeting will be to communicate and review the Waller County ruling. We will also communicate path forward in the legal system as well as the effort currently underway in the Texas Legislature.

Instructions:
At the scheduled date and time of the meeting, dial into the conference line. When prompted, enter the Access Code followed by the pound key. To join the online meeting, click on the online meeting link listed above and follow the prompts to join the meeting.

I recommend starting to log in 15 minutes early to avoid any delay.

Russell wrote:It did, but no official word yet on the outcome aside from the judge refusing Holcomb's request to dismiss the case based on first amendment grounds / Texas' Anti-SLAPP laws.

Charles L. Cotton wrote:

ELB wrote:

Charles L. Cotton wrote: .... The bill I drafted for the 2017 session allows LTCs to carry in courts, offices, etc., as long as they are not a party or witness in a case that is then being heard in that court. In larger counties like Harris and Dallas Counties, most folks have no reason to enter a court building unless they are involved in a case. In smaller counties, courts are often in multi-use buildings and this is where my bill will have the greatest impact in terms of courts and court buildings. Spectators will be able to carry in courtroom, but those typically are few in number.

Chas.

Is the 2017 bill otherwise much different than HB 308 (as introduced, or as substituted in committee) in the last session?

Yes, but I'd have to look at them side-by-side to answer how they are different. The court issue being discussed is one and my treatment of 51% locations is another. Also, my current version would allow an LTC to carry in a 51% location, but not consume alcohol while in the bar. I know, some people will ask why when it's okay to drink in a restaurant so long as you don't get drunk. The answer is simple, I'm trying to get the bill passed.

My 2017 bill is significantly different that the committee substitute for HB308.

Chas.

Charles L. Cotton wrote:

Jusme wrote:

Charles L. Cotton wrote:

JALLEN wrote:This is the ordinary declarayory relief action, the form whenever there is a dispute over interpretation of a written instrument, etc.

While the complaint against Holcomb does not expressly name him as the complainant, there is no doubt that is who filed it. If it turns out otherwise, the case will be dismissed because there is no dispute, effectively, with Holcomb.

I'm not conversant with civil procedure in Texas enough to evaluate this procedurally, the form of pleading, etc.

A District Judge is not presdisposed to rule in anyone's favor, the county or otherwise. There are hundreds of cases where political subdivisions have lost cases against ordinary citizens when the facts and law supported that result. If a judge has reason to feel otherwise, (s)he must recuse him or herself. I have known of cases where, because of strong local feelings, or ties to the community of one party, the entire local bench recused themselves, and the matter was heard by a visiting judge. Judges have a more than ordinary interest in courtroom security, of course. That is likely more of an influence for an individual judge than anything else.

Eventually, courts will interpret these provisions. It will very likely be the Texas Supreme Court to have the final say.

It might have been cheaper for Holcomb to file a complaint in his county and leave it to others to file in their counties. "Don't want no trouble, don't start none."

The suit is utter garbage and suggesting that a person should not avail himself of a statutorily proscribed procedure to prevent continuing violation of Texas law by a governmental entity boggles the mind. BTW, I'm hardly a fan of Terry Holcomb.

Chas.

I agree Charles, Mr. Holcomb has definitely not made himself a friend of those of us who did things the right way to get legislation passed, and he has probably brought a lot of this on himself with his tactics, but, with that said, my concern is that if, Waller County gets a positive ruling regarding the posting of signs, it will set a precedence, that other left leaning g municipalities will follow to try and circumvent, not only the, intent of the legislation, but will create a huge log jam in lawsuits, and courtroom law that will cause the Legislature to have to address on a case by case basis for years to come. And may cause others to be hesitant to file legal complaints, out of fear of facing similar lawsuits.
I'll admit my understanding of these issues is very limited, and I may be completely on the wrong track, and that's why I was hoping you could bring some clarity to this issue.
Any insight would be appreciated.

All of this will be moot if we get serious about removing all off-limits areas. I'm tired of seeing this issue pushed to the back burner for over 10 years now. If we can't get it passed with all of the crap that zoos, libraries and other dishonest local officials are doing, then it will never pass.

Chas.