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by seamusTX
Wed Apr 21, 2010 8:59 pm
Forum: General Texas CHL Discussion
Topic: OC at a Gun Show / Gun Store
Replies: 14
Views: 2216

Re: OC at a Gun Show / Gun Store

HGWC wrote:That's why we have a constitutional republic instead of a democracy. That's why we have a constitution and three branches of government instead of one.
Those facts got us exactly where we are today at both the state and federal level.

If you have a legal strategy for restoring a completely unfettered right to keep and bear arms, please let everyone know.

Meanwhile, I will continue to support the organizations that have a record of legislative success.

- Jim
by seamusTX
Wed Apr 21, 2010 3:24 pm
Forum: General Texas CHL Discussion
Topic: OC at a Gun Show / Gun Store
Replies: 14
Views: 2216

Re: OC at a Gun Show / Gun Store

The problem with bad laws is that they grow constituencies.

Every section of Chapter 46 has some party defending it. The upper management of police forces generally aren't well disposed toward armed citizens. The vast majority of school administrators don't want weapons in schools. Judges don't want armed citizens in courthouses. And so it goes for industrial plants, professional sporting events, racetracks, etc.

I'm not saying most of Chapter 46 can't be repealed, or the state constitution can't be amended. But it will be an uphill struggle.

At this point I can't resist inserting a snarky comment about the 9/10s of Texas CHL holders who can't get around to joining the TSRA. Those other constituencies do not lack lobbying funds.

- Jim
by seamusTX
Tue Apr 20, 2010 10:31 pm
Forum: General Texas CHL Discussion
Topic: OC at a Gun Show / Gun Store
Replies: 14
Views: 2216

Re: OC at a Gun Show / Gun Store

Many of the exceptions to PC 46.02 are based on case law.

See this essay by Stephen Halbrook: http://www.guncite.com/journals/haltex.html#h5.2" onclick="window.open(this.href);return false;

Check the footnotes starting at 219 Kellum v. State, which make it legal to buy a handgun, take it home, take it to a gunsmith for repair, or carry occasionally to protect valuables or for self-defense, among other purposes. (This is all decades-old law that predates the CHL law.)

There's no BBQ exception. ;-)

The entire essay, though long, is a fascinating history of how this state went from completely unregulated weapons carry to the situation that existed in most of the 20th century.

- Jim

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