I have been considering this for the past month, and seeing that Independence day is approaching, I must decide soon.
I realize that 10 years or $10,000 are the possible consequences. I also realize that Freedom is not free. (Your correct, Good Luck!)
If I am confronted by a police officer and brought to court, I would follow the guidelines of this article:
http://www.lawfulgov.org/proact.htm
If no officer bothers me on the walk, then so be it. Regardless, my goal is to go to court to challenge Penal Code Title 10 Sec.46.02 (a-1) (1), if not all of Section 46.02. I would defend my action as being Constitutionally guaranteed by the Second Amendment to the US Constitution, which is that an individual's right to be armed shall not be infringed.
I would also remind the Jury that they have the authority to nullify an act if they deem that act to be unlawful: http://en.wikipedia.org/wiki/Jury_nullification
(I hope the court lets you do that)
"All laws which are repugnant to the Constitution are null and void" Marbury v Madison 5 US (2Cranch) 137, 174, 176 (1803)
My case would hinge upon my right to be armed. The Constitution declares that the right of the people to be armed shall not be infringed. I combine 'to keep and bear' into 'be armed', to point out that being armed, regardless of manner, is Constitutionally protected. Banning and licensing are two simple methods of infringing upon rights. (Correct, how much money do you have?)
Also, the Constitution is a contract between the States through which they delegate certain powers to the Federal Republic, and in return, the Federal Republic must protect the States and the People of the United States of America. Being a citizen of the USA, I enjoy various protections of my rights, of which the right to be armed is clearly safe-guarded by 2A. (applied to the states through the 14th amendment and article 6) Please read U.S. vs. Miller. First Texan to try it....learn from his mistake.
I see the risk of unconstitutional imprisonment will be present, but I also remember that liberty is an invigorating contest and not an entitlement program.
What do ya'll think? (Again, Good Luck)
I wish you the best of luck. It's a confusing mess over there.....I have been considering this for the past month, and seeing that Independence day is approaching, I must decide soon.
I realize that 10 years or $10,000 are the possible consequences. I also realize that Freedom is not free.
If I am confronted by a police officer and brought to court, I would follow the guidelines of this article:
http://www.lawfulgov.org/proact.htm
If no officer bothers me on the walk, then so be it. Regardless, my goal is to go to court to challenge Penal Code Title 10 Sec.46.02 (a-1) (1), if not all of Section 46.02. I would defend my action as being Constitutionally guaranteed by the Second Amendment to the US Constitution, which is that an individual's right to be armed shall not be infringed.
I would also remind the Jury that they have the authority to nullify an act if they deem that act to be unlawful: http://en.wikipedia.org/wiki/Jury_nullification
"All laws which are repugnant to the Constitution are null and void" Marbury v Madison 5 US (2Cranch) 137, 174, 176 (1803)
My case would hinge upon my right to be armed. The Constitution declares that the right of the people to be armed shall not be infringed. I combine 'to keep and bear' into 'be armed', to point out that being armed, regardless of manner, is Constitutionally protected. Banning and licensing are two simple methods of infringing upon rights.
Also, the Constitution is a contract between the States through which they delegate certain powers to the Federal Republic, and in return, the Federal Republic must protect the States and the People of the United States of America. Being a citizen of the USA, I enjoy various protections of my rights, of which the right to be armed is clearly safe-guarded by 2A.
I see the risk of unconstitutional imprisonment will be present, but I also remember that liberty is an invigorating contest and not an entitlement program.
What do ya'll think?
Well, no, the penalties are nowhere near that strict. UCW is a Class A misdemeanor, maximum penalty 1 year in jail.I realize that 10 years or $10,000 are the possible consequences. I also realize that Freedom is not free.
I believe it was Thomas Paine that said, "What we obtain too cheap, we esteem too lightly; it is dearness only that gives everything its value."I admire your courage, however, with the question of incorporation of 2A under 14A looming in the courts as it is, this is a fight that would be best had at a latter date. The Supreme Court of the US will almost certainly incorporate 2A, judging from Heller. Sotomayor won't change anything, considering who she's replacing. If you're going to man up and fight the system, choose your battles wisely. You have all our support, but, you're still fighting the behemoth, and you're going to need all the help you can get.
I wonder if our Founding Fathers had this kind of confident support back in 1776."How does that old saying go? A person who represents himself has a fool for a client" -- Chili
No, it doesn't go that way, it goes "A LAWYER who represents himself...
So if you're not a lawyer this does not apply, even if that saying WERE true.
orthzar will be fine...
OK, thanks to ya'll for your kind responses, and to the authors of any and all future responses. I believe I now know how I will go about OC'ing legally and lawfully, though it may not be on Independence Day.
If this works, then I will never have to fear the police when I OC. I haven't written out the precise process yet, but I will in effect be using contract law to produce an Open Carry license for me and me alone, which I might apply wherever I go in America, not including private property of course. This should sound absurd to anyone with "modern sensibilities", but you don't have to worry about my safety. I promise you that I will be fine.
Again, I have not actually done anything yet, and besides what I plan on now doing will be perfectly legitimate, because I would be in contract with the State of Texas to Open Carry a handgun. I know it is absurd, but just think for a minute. If two or more entities enter into a contract with each other, all are lawfully bound by that contract. So then I will enter into contract with the State of Texas(I don't know the exact person or office yet, probably the Office of the Governor of Texas), which will, in final effect, lawfully hinder anyone from preventing me from OC'ing in public.
For ya'll's viewing pleasure, I will provide a copy of the contract here once I have it prepared to send off to some part of the State of Texas.
For some strange reason, I find this very amusing. It was almost starring me in the face. Just enter into contract.
Cheers, my countrymen