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Thread: Reserved RIGHT has been CONFISCATED, IMPOUNDED, and converted into a PRIVILEGE.

  1. #1
    Regular Member rushcreek2's Avatar
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    Reserved RIGHT has been CONFISCATED, IMPOUNDED, and converted into a PRIVILEGE.

    HB 2756, relating to the authority of a person licensed to carry a handgun concealed to carry a handgun openly - is in the Public Safety Subcommittee, and as yet has not been scheduled for a public hearing.

    The reserved right of every citizen in Texas to bear arms , including side-arms, is EXCEPTED from the delegated powers of the State. Accordingly, the Legislature's power to regulate the right to keep & bear arms is PRESENTLY limited to REPEAL of existing transgressions such as Section 46.035 (a) - licensed intentional failure to conceal, and Section 46.02(a) [UCW], as written, except as applied to the CONCEALED wearing of arms. The BEARING OF ARMS PUBLICLY DISPLAYED is off limits to the delegated power of the Legislature to regulate the wearing of arms , with a view to prevent crime.

    This is what THE LAW OF TEXAS has to say on this subject. All of the combined "spin" of the psuedo-intellectuals in their higher "education" ivory towers doesn't change the fact that Texans already have "open carry". The Legislature, the Executive, AND THE COURTS have simply engaged in 135 years of collussion to obstruct THE SUPREME LAW OF TEXAS. This transgression must end - beginning with this 82nd Legislative Session.

    The provisional power of the Legislature to regulate the wearing of arms, with a view to prevent crime, applies only to the concealment of arms under the clothing - hence "wearing". This is the ONLY power delegated to the Legislature relating to the bearing of arms.

    Citizens in Texas favoring the current option of repeal of Section 46.035 (a) - should be contacting the members of that Subcommittee TODAY urging them to act favorably , and promptly on HB 2756.

    Public Safety Subcommittee-

    Allen Fletcher -Republican (512)463-0661
    Marva Beck - Republican (512)463-0508
    Joe Driver - Republican (512)463-0574
    Lon Burnam - Democrat (512)463-0740
    Barbar Caraway - Democrat (512)463-0664

    The RESERVED RIGHT of EVERY citizen in Texas to keep & bear side-arms (handguns) was CONFISCATED by the high powers of the State 140 years ago. That right has been held in IMPOUND ever since, only to be recently dispensed in low dosages available by prescription to only a select, and PRIVILEGED few citizens in the form of the CHL.

    This reserved right of every citizen is not subject to a "by prescription only" dispensation. It is not even available "over the counter". This reserved RIGHT is a "home grown remedy" ONLY - EXCEPTED from State government regulation.

    Refer to Article 1, Section 23, and Section 29 of the Texas Constitution.
    Notice that Section 29 EXCEPTS the rights reserved in the Bill of Rights from the powers delegated to the State BY THE PEOPLE. This applies to ANY act of the State that presumes to transgress upon the right of every citizen to keep & bear arms in the lawful defense of themselves.

    Apparently some "high powers" in Texas need to be made aware of the above fact.

    For information and access to resources that will enable YOU to join in this battle to restore respect for the constitutionally RESERVED RIGHT of EVERY TEXAN to not only KEEP -but BEAR ARMS publicly - including SIDE-ARMS visit

    www.LSCDL.ORG
    Last edited by rushcreek2; 04-12-2011 at 05:33 PM.

  2. #2
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    Absolutely correct! This will not stop unless we all get involved and make our voices heard. This is TEXAS after all. I'm amazed this has gone on this long. NRA and TSRA aren't doing anything about it. In fact one or both may even be opposing it. Join LSCDL, join GOA, contact your rep, contact the committee members. We only have ourselves to blame if this fails.
    Last edited by jecsd1; 04-12-2011 at 06:14 PM.

  3. #3
    Regular Member rushcreek2's Avatar
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    I called into the "Mark Davis Show" on WBAP in DFW yesterday to tallk about HB 2756.

    At the time I wasn't aware that APRIL 12th - 140 years ago YESTERDAY the agregious Act of April 12, 1871 was enacted into law in Texas outlawing the habitual carrying of certain deadly weapons including handguns. Even after the present Texas Constitution was adopted in 1876, this law has remained on the books for 135 years, despite the fact that the the PEOPLE of Texas in THEIR 1876 Constitution declared it to be an invalid exercise of State powers.

    We have a State Attorney General who wrote the brief for incorporation of the Second Amendment in McDonald v City of Chicago. I don't think it would be asking too much for the Governor to request the AG to review this peculiar matter where a law that contravenes the State Constitution, rather than being amended or repealed to remedy the defect , continues to be recognized as valid law in Texas.

    It is the State Attorney General's job to address conflicts between the State Constitution and statutory laws especially when the enforcement of those laws constitutes a civil rights violation.
    Last edited by rushcreek2; 04-13-2011 at 06:52 PM.

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    ^^^^ How do we get the ball rolling here? Contact the AG or do we write Perry? Maybe meet with Perry on the jogging/coyote hunting trail?

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    Sounds like a job for a well informed attorney. I can't imagine why this would not be corrected after this coming to light and upon knowing the possible ramifications of such an offence to the citizens of Texas.

  6. #6
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    If you haven't already, please consider joining the LSCDL. it's the best $25 you can spend in this fight. They're the only ones actively working to correct this.

    We're trying to get it done through the legislature. If that doesnt work a legal challenge isn't out of the question. Neither of these work unless we can increase our membership.

    See the link in my signature

  7. #7
    Regular Member rushcreek2's Avatar
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    Every citizen in Texas has the right to petition Governor Perry to make a formal request of the Attorney General to undertake review of a given statute, and issue an advisory opinion pertaining to its constitutional validity. Such an opinion would be binding only upon State officials such as prosecutors, and law enforcement , but merely advisory in regards to the Legislature, and the courts. The desired net result however would be that the Legislature, and the courts would accomodate the AG opinion.

    Only the Governor, and certain other State officials may make the request directly of the Attorney General. Visit the Texas Attorney General's web site for more details. I wrote a letter to the Governor about a year ago, and actually did get a reply from a staff assistant to the Governor. The reply was that my sought relief from an AG opinion was a "legislative matter" for the 82nd Session.

    Lone Star Citizen's Defense League is presently considering submission of a petition to the Governor in the hope that he will request an advisory opinion from the Attorney General to determine the validy of Section 46.035(a) -intentional failure to conceal by licensees, and clarify the scope of application of Section 46.02 (a) UCW in light of the recent INCORPORATION of the Second Amendment , AS WELL AS Article 1 of the Texas Constitution.

    If the Governor request an AG opinion, Attorney General Abbott will have the opportunity to STAND UP and DEMONSTRATE HIS SUPPORT for the right to keep and bear arms of "every citizen" in Texas just as he did for Mr. McDonald, and his fellow citizens of Chicago with his successful amicus brief arguing for incorporation of the Second Amendment to the states.

    The Texas courts have thus far been reluctant to declare that Section 46.02(a) UCW as enforced against BOTH open, AND concealed carry of weapons VIOLATES Article 1, Sec. 23, and Sec. 29. This is due to the Texas court system's consistent, and eroneous presumption that the operative reservation of the right to keep and bear arms is a reference to "rifles, and shotguns". This expedient presumptive error favors the predisposition of the courts , for their own convenience, to view the provisional empowerment to regulate the wearing of arms as a subliminal reference to "handguns" , which is also eroneous. This is an absurd, and intentional misinterpretation of the Section 23 provision. Section 23 reserves the right to keep and bear rifles, shotguns, AND HANDGUNS, but provides for the regulation of arms attached to, or under clothing that may be concealed.

    The current 1876 Constitution bears the very same language used in the original 1836 Texas Constitution. Since Santa Anna, and the Alamo were still vividly on the minds of Texans in 1836, no reasonable person could possibly conclude that the power delegated by the people to the legislature to regulate the wearing of arms extended to the prohibition of handgun carry altogether. Mexico still had its eye on Texas, and the Comanchees had their eyes on the cattle, and horses of Texans. This was the case in 1836, and it remains the case in 2011.

    Given the incorporation of the Second Amendment, under settled federal law Texas may no longer prohibit both concealed , and open carry of a handgun. If the Texas Legislature has determined to regulate by the CHL the carry of a concealed handgun, it may not prohibit the carry of a handgun openly.

    Section 46.035 (a) is constitutionally invalid under Section 3 (equal application of laws), as well as Section 23, and Section 29 of Article 1. Section 46.02(a) is constitutionally valid only as applied in cases involving unexcepted concealed carry, criminal activity, and possession by prohibited previous offenders.
    Last edited by rushcreek2; 04-15-2011 at 09:44 AM.

  8. #8
    Regular Member rushcreek2's Avatar
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    A RALLY AT THE CAPITOL is currently in the works. This event will be tailored to attract "every citizen" who is interested in restoring the Legislature's respect for the Texas Bill of Rights.

    Specifically the lawful right reserved to EVERY citizen by the Texas Constitution to keep AND BEAR ARMS in defense of their person.

    The title of this thread will be a rallying cry for this event.

    135 years ago the current Texas Constitution was adopted. Since that time the Legislature has systematically distorted Article 1, Section 23, in order to circumvent the purpose of Article 1, Section 29 which is to restrain legislative power from transgressing into the domain of the reserved rights.

    "Every citizen" in Texas must let the Legislature know that such transgressions have not gone unnoticed, and will no longer be tolerated. Acts of transgression under the canopy of Chapter 46 of the Penal Code such as Section 46.02(a), and 46.035(a) must begin to be addressed by the Legislature as the high priority constitutional issues that they are. The time alloted for slow, incrementalism in legislative respect for the right to keep and bear arms has expired.

    Texans expect the Legislature to attend to the restoration of respect for the Bill of Rights starting with this 82nd legislative session.

    If you would like to participate in organizing such rally, or are interested in the details as the endeavor unfolds, visit www.lonestarcdl.org
    Last edited by rushcreek2; 04-15-2011 at 10:13 AM.

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