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Open carry lawsuit?

NMOCr

Regular Member
Joined
May 5, 2012
Messages
41
Location
NM
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.
 

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
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.
 

hovercat

Regular Member
Joined
Feb 15, 2014
Messages
57
Location
Texas
Because Texas has the unlicensed carry of long guns, I doubt that such a suit would win.
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
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.
 

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
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.
 
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