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by ScottDLS
Sat Apr 01, 2017 5:23 pm
Forum: General Texas CHL Discussion
Topic: Convince me that constitutional carry is a good thing
Replies: 257
Views: 58002

Re: Convince me that constitutional carry is a good thing

Liberty wrote:We were subject to search and seizure, for any or no reason. Not complying to direct orders subjected us to imprisonment. We were told where we must live.

The rules that we were to live buy were enforcible by force or imprisonment. No civilian is required by our constitution to risk ones lives by force of criminal law. I personally had volunteered, but many were drafted.
Search and seizure in the context of a base, aircraft, or vessel, or while performing duties under orders, does not constitute an "unreasonable search and seizure" under the 4th amendment. Likewise if you agreed to search at your civilian employer as a condition of employment, they could enforce it civilly by firing you. If you're on the Army base as part of your service and they want to search you to see if you're complying with lawful orders, then they legally can, and enforce the requirement criminally under the UCMJ.

Not complying with direct lawful orders of the Commander in Chief or those to whom he has delegated his command authority (officers, NCO's), is illegal and unconstitutional. The President is made CinC by Article II. It's no wonder it is criminally punishable.

The draft has been found Constitutional and not a violation of the 13th amendment, when enacted by Congress in accordance with its Article I power to "raise Armies, Navies, etc...."

The Constitution grants the power to do all the things that people are saying are unconstitutional usurpations of military members' rights. Most of it is in Article I Section 8, and the rest derives from the power of the Executive to be CinC and appoint officers.

Article I Section 8
...
To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two
Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the
land and naval Forces;
To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Offi cers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;
...
This information is covered in commissioned officer accession programs (Service Academies, ROTC, OCS, etc.), though I suspect most people don't understand it at the time. I know I didn't. I was a commissioned officer in the Navy for a few years and I really didn't like it, so I got out when my time was up. And truthfully it was for many of the reasons cited above, but not because what the military does is unconstitutional, it just annoyed the heck out of me. I guess it's somewhat semantics, but I think it's important to understand that the military functions constitutionally under the same rule of law that all of the United States do.
by ScottDLS
Sat Apr 01, 2017 12:38 pm
Forum: General Texas CHL Discussion
Topic: Convince me that constitutional carry is a good thing
Replies: 257
Views: 58002

Re: Convince me that constitutional carry is a good thing

Liberty wrote:The right to vote was sacrificed for many of us. the absentee ballots almost never got out to us in tim at least during the early 70s. The one right I lost that I most detested was the right to come and go as I please. Some posts required a pass (written permission) to leave the post. The concept of not being able to quit my job whenever I wanted without criminal repercussions was the main reason I didn't re=up. When you are in an enlisted man in the Army, you are property of the Army.
You don't "give up your inherent rights" when joining or being drafted into the military. You just have to exercise them in accordance with the law (in this case UCMJ). You are not the "property" of the United States after enlistment, you are a member of the Armed Forces of which the President is the commander in chief. You must obey the lawful (i.e. Constitutional) orders of the President and the officers he appoints. An officer is an inferior officer (to the President) of the United States and is vested with whatever power the President chooses to delegate to him, subject to the law and Constitution. All commissioned offices must be authorized by Congress and the officers filling them in some cases must be confirmed by the Senate. It is a myth that you "give up your Constitutional rights upon entry into the military". You simply agree (or are required) to exercise them in accordance with following the law and lawful orders in a different manner than you would as a civilian.
by ScottDLS
Thu Mar 30, 2017 9:11 am
Forum: General Texas CHL Discussion
Topic: Convince me that constitutional carry is a good thing
Replies: 257
Views: 58002

Re: Convince me that constitutional carry is a good thing

Mel wrote:
Charles L. Cotton wrote:
TexasRedneck wrote:
Ruark wrote:
TexasRedneck wrote:...the 30.06 sign postings have continued to increase ...
This stopped the small decal problem and relatively few businesses posted a 30.06 sign until we saw a short-lived surge prior to 1/1/2016 when open-carry came into effect.
Chas.
Not quite sure I agree with the "short lived surge" statement. I'm still getting notices regularly. Five so far today. Ten if you count 30.07 notices. And that's just the North Dallas area.
Are you sure the notices are for new signs? I get 4-5 notices on the app per day in DFW, but they are for places that I know are already posted. I may be mistaken, but if you go to the 30.06 site they show the new postings and there are ~5/daily for all of Texas and many of these seem to be reports of places that were already posted.
by ScottDLS
Sat Mar 25, 2017 6:42 pm
Forum: General Texas CHL Discussion
Topic: Convince me that constitutional carry is a good thing
Replies: 257
Views: 58002

Re: Convince me that constitutional carry is a good thing

Charles L. Cotton wrote:
TexasRedneck wrote:Those fretting that one bill might "win" over the other....so what? EITHER one is a good start, IMO.
Not hardly! HB375 would amend TPC §30.06 such that it applies to both licensed and unlicensed concealed-carry. That would be a disaster as it would strip property owners of the ability to allow licensed concealed-carry while prohibiting unlicensed concealed-carry. Concealed-carry has been a non-issue for decades and this is why very few locations post 30.06 signs. Many property owners faced with either letting everyone in with guns or no one while choose no one. That's not a "good start."

HB1911 in it's as-filed form does likewise, but the committee substitute has already been drafted and it fixes that problem. A committee substitute has allegedly been prepared for HB375, but it does not correct the TPC §30.06 problem.

Chas.
Would it apply 30.06 to police officers, special investigators, and MPA carry?
by ScottDLS
Thu Mar 23, 2017 12:44 pm
Forum: General Texas CHL Discussion
Topic: Convince me that constitutional carry is a good thing
Replies: 257
Views: 58002

Re: Convince me that constitutional carry is a good thing

rotor wrote:
ScottDLS wrote:Any 18 year old can walk into a sporting goods store and buy an AR15 and ammunition with no training requirement whatsoever. They can then carry it on or about their person throughout Texas without a license. This has been the case with long guns since at least 1836, so what's so special about carrying a handgun (arguably much less deadly) that requires mandatory training?
What they can not do though is use that AR15 for hunting without a state hunting license and without a state mandated hunter safety course. One could argue that the ability to feed one's family is a constitutional right too. There are so many good arguments for both sides. I guess the clincher is that we allow carry in your car for everyone (that is legal) and there hasn't been a problem. I just wish gun safety would be taught in school at least 2 years before safe sex and that trap and skeet should be offered as sporting events just like football.
I agree, though I'll note that there are/were states where an 18 year old can hunt without taking a safety course. I went bird hunting in New York the year I turned 18 and all I had to do was pay the fee for the license.
by ScottDLS
Wed Mar 22, 2017 6:18 pm
Forum: General Texas CHL Discussion
Topic: Convince me that constitutional carry is a good thing
Replies: 257
Views: 58002

Re: Convince me that constitutional carry is a good thing

Any 18 year old can walk into a sporting goods store and buy an AR15 and ammunition with no training requirement whatsoever. They can then carry it on or about their person throughout Texas without a license. This has been the case with long guns since at least 1836, so what's so special about carrying a handgun (arguably much less deadly) that requires mandatory training?

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