TexasCHLforum.com

The Annoyed Man wrote:You guys are engaging in wishful thinking if you think that a Texas judge is going to be impressed by you throwing case law from another state at him.

Droshi wrote:

DKSuddeth wrote:if charged for UCW, you can choose a jury trial or bench trial. Living in the DFW area, I wouldn't trust 12 idiots to tie their shoes right, much less be able to rule on fundamental rights and judicial precedent. I'd go for the bench trial, then throw mcdonald at the judge with a total ban being unconstitutional, which 46.02 is. Then, when the prosecutor brings up chapter H licensing being the constitutional requirement to exercise the 2nd Amendment, I'd throw Murdock v. Pennsylvania at the judge.

Are you saying that because the case makes a claim that a tax for a license placed a restriction on this person's 1st amendment rights that any similar tax on 2nd amendment rights is equally unconstitutional? Seems like it would have to be taken to Supreme Court for it to be directly applicable in lower courts, although it is a valid argument.

Beiruty wrote:

DKSuddeth wrote:if charged for UCW, you can choose a jury trial or bench trial. Living in the DFW area, I wouldn't trust 12 idiots to tie their shoes right, much less be able to rule on fundamental rights and judicial precedent. I'd go for the bench trial, then throw mcdonald at the judge with a total ban being unconstitutional, which 46.02 is. Then, when the prosecutor brings up chapter H licensing being the constitutional requirement to exercise the 2nd Amendment, I'd throw Murdock v. Pennsylvania at the judge.

You need to wait until the Supreme court rules that carrying firearms is a constitutional individual right like the free speech. So far, I guess the supreme ruling was only for purchasing and owing firearms.