Why was this bill even presented in it's current form if you haven't spoken with anyone who wouldn't prefer some major changes? I understand that you know nothing about the prefile history of the bill, due to you not being involved then, but I would think that with your position you can learn about it and educate those of us who are interested.PATHFINDER wrote:I do appreciate many of the concerns about HB 2756. I have some concerns of my own. I haven't spoken with anyone who wouldn't prefer some major changes. I am not in a position to address the pre-file history of HB 2756. I was not associated with Lone Star Citizen's Defense League that early on in the effort.
Charles - the majority of pro-right to carry supporters in Texas are troubled by the unnecessary, distracting, and apparently ever escalating personalization of this debate. Reasonable people can disagree on strategies, and timing in remedying constitutional defects in Code sections, but our efforts need to be focused on discussion, research, and education. The integrity of one's professional life merits respect. As an active member of LSCDL, I feel that you are entitled to an apology, particularly if you, or any of your professional associates were in fact subjected to any annoyance. Personal offense is always ill-conceived, never productive, and invariably plays out as a spit directed into a head-wind.
The Texas Constitution always has the FIRST & FINAL word on legislation. Acts of the Legislature do not "define" the Texas Constitution. What I call "Neo-Reconstructionism" is rooted in the philosphy that enacted laws can pretend to "amend" the Constitution through the agregate codification of elitist preferences into the front-lines of public policy. This trend has been going on for 135 years in Texas, and reflects a confluence of varied self-interests attempting to ram through legislation during an extremely brief time window. The adoption of the Texas Constitution in 1876 was more than a bench-mark in the history books. It is the very foundation of Texas law.
The Texas Constitution reserves the right to carry (even handguns) openly in lawful defense to every citizen. Acts of the Legislature , decisions by Texas courts, and law enforcement procedures must respect, and reflect that fact. HB 2756 is Representative Lavender's bill. We should know by tomorrow whether the House will have a chance to even consider the measure. If the bill is placed on the House calender, further discussion will be warranted. Based upon my discussions with Representative Lavender's office, the 30.06 concerns frequently expressed on this forum can be addressed - if and when the bill moves forward.
Shane McCrary (President of LSCDL) is one of the most active people in the "personalization of this debate" and has called for people to commit criminal acts. I have a screen shot where he posted his request for people to harass Mr. Cotton at his work place which is, as Mr. Cotton pointed out, a violation of State and Federal Law. Now with this blight on their record, while Mr McCrary remains in his position, can LSCDL legitimately act in the interest of law abiding citizens?
Can you please specify where in the Texas Constitution it provides for open carry and how that interacts with the authority of the state legislature to regulate the wearing of arms?