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[Texas] State's new gun-toting law has surprise backer: ACLU
San Antonio Express-News ^ | 02/05/2006 | Roddy Stinson

Posted on 02/05/2006 9:50:48 AM PST by SwinneySwitch

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Texas House Bill 823 was signed into law by Gov. Rick Perry on June 16, 2005.

The new law states that a person is "presumed to be traveling" if he/she is ...

1. In a private motor vehicle.

2. Not engaged in criminal activity.

3. Not prohibited by law from possessing a firearm.

4. Not a member of a "criminal street gang."

5. Not carrying a handgun in plain view.

1 posted on 02/05/2006 9:50:49 AM PST by SwinneySwitch
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To: SwinneySwitch

Here in Hosuton they are still prosecuting for this.

Additionally there has been an unwillingness to pursue violent criminals even before the increase in violent crime we got from the New Orleans evacuatees (who are still here, by the way).

The problem has gotten so bad that the city has partnered with the Guardian Angels vigilante group to establish a chapter here. Yet citizens still are prosecuted for defending themselves.

Rats run this city, can you tell?


2 posted on 02/05/2006 9:56:15 AM PST by weegee (Happy Holidays! Tis the season of MLK, Chinese New Year, Tet, Valentine's, Presidents...)
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To: SwinneySwitch

Chuck Rosenthal is also the one who poorly defended the state's Same Sex Sodomy law.

I stopped voting for Chuck (R) years ago.


3 posted on 02/05/2006 9:57:56 AM PST by weegee (Happy Holidays! Tis the season of MLK, Chinese New Year, Tet, Valentine's, Presidents...)
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To: SwinneySwitch
If law abiding people are arrested for carrying concealed in their vehicles, I may have to look at expanding into the area of civil rights litigation. I would represent anyone under these circumstances. The violating agencies would not engage in this behavior for long.
4 posted on 02/05/2006 9:58:05 AM PST by Clump
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To: SwinneySwitch

Get Down!


5 posted on 02/05/2006 9:58:05 AM PST by ScreamingFist ( Democracy is a pathetic belief in the collective wisdom of individual ignorance. NRA)
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To: SwinneySwitch

Now, let's get the same thing done regarding the Fed EPA and various state agencies regarding aftermarket auto parts.

By the way, the last time I drove through Texas, I had two guns in the car (a 10mm 1911 and a Mossberg 590) and I didn't get in trouble. I didn't get a roadside interview with a deputy, but no probs.


6 posted on 02/05/2006 9:59:46 AM PST by 308MBR (After over 20 years of GOP only, I'm voting a split ticket in 'O6 and hoping for gridlock.)
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To: SwinneySwitch

Checking the treetops for bacon ...


7 posted on 02/05/2006 10:03:59 AM PST by NonValueAdded ("If I were a Cuban, I'd certainly be on a raft," Isane Aparicio Busto)
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To: SwinneySwitch

"The lawmakers wanted drivers to be able to have a stowed gun driving to the bank or the grocery store."



My suspicion is that this guy thinks he will undermine support for the law by encouraging this kind of interpretation. He says that he was closely involved in the drafting of the bill, but he does not say which side he was on.


On the other hand, if the ACLU were to change its stripes and endorse gun rights, that would be the kiss of death for the ACLU. It's liberal constituency would dump it like a sack of potatoes.


8 posted on 02/05/2006 10:04:46 AM PST by Brilliant
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To: SwinneySwitch
ACLU backing handgun ownership and self-defense?

It's a rogue vaporous floating aberration.
9 posted on 02/05/2006 10:05:24 AM PST by MedicalMess
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To: SwinneySwitch
The nation ACLU is for gun control. Their web page on the subject is here: http://www.aclu.org/police/gen/14523res20020304.html

As far as I can see, Mr. Henson is not following by the national playbook. I don't think that Ms. Strossen will be voicing loud approval of his actions.

10 posted on 02/05/2006 10:08:30 AM PST by snowsislander (NRA)
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To: SwinneySwitch

bookmark.


11 posted on 02/05/2006 10:09:47 AM PST by No Blue States
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To: SwinneySwitch

The ACLU gets on the right side of an issue every once in a great while to have something to refer to when accused of trying to destroy America. These are the same people who fought to have child pornography legalized.


12 posted on 02/05/2006 10:15:09 AM PST by oneofmany
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To: inneroutlaw

Ping.


13 posted on 02/05/2006 10:44:22 AM PST by elkfersupper
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To: SwinneySwitch

In the land of horse dung and gunsmoke, these kinds of advertisements go a long way during the aCLU's fundraising drives. I'll bet it's pretty difficult for the aCLU to get donations in Texas.


14 posted on 02/05/2006 10:49:34 AM PST by FlingWingFlyer (We did not lose in Vietnam. We left.)
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To: SwinneySwitch
"Lend me a contemplative hand here." OK
"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
15 posted on 02/05/2006 10:50:33 AM PST by n230099
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To: SwinneySwitch; Dan from Michigan
"I quoted Harris County District Attorney Chuck Rosenthal, who said that in his jurisdiction, "It is still going to be against the law for (unlicensed) persons to carry handguns in autos."

Disbarr him for judicial tyranny. He knows that the law says it is legal; what he's doing is frightening people into not exercising their rights, anyway.

16 posted on 02/05/2006 10:59:00 AM PST by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: SwinneySwitch
Maybe the legislature needs to add another law:
Any person who, acting as prosecutor for the state of Texas, seeks to prosecute someone who was carrying a firearm in the manner specified in [whatever section House Bill 823 ends up in] without being able to show probable cause for believing at least one of the conditions was not met, shall be subject to ten years' imprisonment, a fine of $100,000, or both.
Think that sounds good?
17 posted on 02/05/2006 11:42:24 AM PST by supercat (Sony delenda est.)
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To: supercat

Hope this law covers Ronnie Earle.


18 posted on 02/05/2006 11:51:07 AM PST by SwinneySwitch (Liberals-beyond your expectations!)
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To: SwinneySwitch
"5. Not carrying a handgun in plain view."

I still think that open carry [not waiving a gun around or pointing it in a threatening manner] should be the least objectionable form of carry to those who are for whatever reason are afraid of the lawful possession of and use of firearms.

19 posted on 02/05/2006 12:04:35 PM PST by R W Reactionairy ("Everyone is entitled to their own opinion ... but not to their own facts" Daniel Patrick Monihan)
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To: SwinneySwitch
The Texas chapter of the American Civil Liberties Union is unhappy about last Thursday's column concerning the state's new gun-toting law.

Note: This is the Texas ACLU, not the national organization, whose position is that the second amendment protect the power of the states to maintain a militia. The Texas branch has other notions. :)

20 posted on 02/05/2006 1:56:31 PM PST by El Gato
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