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Thread: Open carry lawsuit?

  1. #1
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    Open carry lawsuit?

    Just wondering why no one has decided to challenge 46.02 as unconstitutional in court? I know Grisham has perhaps a good case for appeal, but where is the other lawsuits? Yes we need to fix this through the legislature, but a dual pronged attack is, in my opinion, a good idea.

  2. #2
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    Grisham may have standing, does he have cause? Mere disagreement is not cause for appeal, which depends on Texas rules of procedure.
    I am responsible for my writing, not your understanding of it.

  3. #3
    Regular Member stealthyeliminator's Avatar
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    If constitutional carry does not pass this session we may see a lawsuit filed.

    As far as why we haven't seen one before... Don't know really. I guess every person that hasn't tried it might have a different reason.
    Advocate freedom please

  4. #4
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    Because Texas has the unlicensed carry of long guns, I doubt that such a suit would win.

  5. #5
    Regular Member rushcreek2's Avatar
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    At the risk of sounding like the proverbial stuck record.....the Texas Constitution provides for the State's Legislature to regulate the wearing of arms, by law, with a view to prevent crime.

    The Texas Constitution also provides the State Attorney General with discretionary latitude in the application and enforcement of State laws. It basically comes down to a political question therefore....WHAT constitutes "crime prevention".

    Obviously ...the intent of the exception made for regulation of "the wearing of arms" while still declaring that... "Every citizen shall have the RIGHT to bear arms" in self defense...or the defense of the State...WAS...and still should be.... concern over CONCEALABLE arms that could be hidden within a person's clothing.... FOR CRIMINAL INTENT.

    The Texas Attorney General possesses the constitutional authority in the APPLICATION ...and enforcement of statutes ..such as Section 46.02 of the Texas Penal Code which specifies "intentionally, knowingly, or recklessly" as indicators of CRIMINAL INTENT.

    For some reason past Texas AG's....have been hesitant to address this issue during the past 144 years.....even though such obvious discretion in the prosecution of State law has always been available.

    Perhaps it is time to address this.

  6. #6
    Regular Member stealthyeliminator's Avatar
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    IMO your offered explanation offers at least some legitimacy to the current state of the constitution and PC 46.02. IMO there is no legitimacy to either.

    I think the goal should remain removal of PC 46.02 and amending the constitution, as opposed to trying to get an ag to 'reinterpret' the bad law.

    Just my opinion... And I hope you know that I respect yours even if I disagree.
    Last edited by stealthyeliminator; 03-05-2015 at 08:46 PM.
    Advocate freedom please

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