Posted on 03/28/2006 5:41:27 AM PST by rw4site
March 28, 2006, 4:44AM
RICHMOND - U.S. Rep. Tom DeLay, a gun rights supporter under indictment on charges of laundering campaign money, is fighting to regain his Texas concealed handgun license, which was suspended because he is accused of a felony.
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Under a Texas law passed in 1995, a license may be suspended if the holder is charged with a Class A or Class B misdemeanor or indicted on felony charges.
The Sugar Land Republican's license was suspended by Fort Bend County Precinct 4 Justice of the Peace Jim Richard in January.
The suspension came after DeLay, a strong supporter of gun rights, was indicted last year by a Travis County grand jury on charges of conspiring to violate state election law and on money laundering charges.
The election law indictments were later dismissed by a judge. The money laundering indictment remains.
The author of the original bill, Land Commissioner Jerry Patterson, who was a state senator, said the section of law calling for suspension of licenses of people under indictment should probably be removed from the statute.
"It is clearly not rational, not called for, but it was one of those things we did to make somebody say, 'OK, I'll vote for it,' " Patterson said Monday.
Patterson said several provisions were put in the bill by backers in order to garner support from other lawmakers who were leery about the law.
Patterson said since the bill's passage more than a decade ago, legislators have amended the statute and removed some of the parts he called "onerous."
"There is a presumption of innocence. Would we take away his First Amendment right to free speech?" Patterson said.
The notice of the appeal was received at Judge Richard's court last month from Austin-based Steve Brittain who said DeLay would appeal the ruling and asked a judge to reconsider the matter.
DeLay spokeswoman Shannon Flaherty declined to say why DeLay obtained the handgun permit.
"It is his right, and he has been practicing that right," Flaherty said Monday.
However, Flaherty said in a written statement that Brittain was unable to appear at the original court hearing.
Flaherty would not say if DeLay has been carrying a handgun.
"As for whether or not he carries it. That's the point of having a CHL in Texas, potential criminals should assume everyone is."
The case has been assigned to County Court At-Law No. 4 of Judge R.H. "Sandy" Bielstein, but a hearing date has not been set.
State officials began proceedings to have the license suspended after the indictments were issued last year.
According to court documents, a hearing was held Jan. 26 in Judge Richard's Sugar Land courtroom regarding the state's request to suspend the license. Neither DeLay or Brittain appeared at the hearing, and Judge Richard granted the state's request.
"They had proved by the preponderance of the evidence that he had been indicted and therefore his concealed handgun license was suspended," Richard wrote in his decision.
"These types of cases will come back before this court, therefore I can't comment on this case or other cases," Richard said Monday.
On March 1, Brittain notified Fort Bend County Clerk Dianne Wilson that DeLay planned to appeal the suspension and one week later sent the filing fee of $197 to the county.
Steve Moninger, the attorney for the Department of Public Safety, which administers the handgun licensing law, said the state will contest the appeal.
"We are going to keep going. Our function is to enforce the statute," he said.
Moninger said the law clearly states people charged with Class A or Class B misdemeanors or a felony are ineligible to hold a concealed handgun permit.
Moninger said if charges against DeLay are dropped, or if he is acquitted, the handgun license suspension would be lifted.
Meanwhile, the case in Travis County against DeLay continues. Last week, prosecutors asked an appeals court to reinstate charges of conspiracy to violate the election code.
DeLay's lawyer, Dick DeGuerin, told the three-judge panel of the 3rd Court of Appeals that Senior District Judge Pat Priest was correct in throwing out the charges in December. He said DeLay is anxious for the court to rule quickly so his case can go to trial.
eric.hanson@chron.com
This rag always carries the water for the Dems and most all it's staff are wild-eyed liberal pukes!
And lets just hope DeLay doesn't partake of liquor in legal alcohol bars in Texas, that would make him a criminal too.
I read their RSS headlines and only go to the full article when curious or interested. I do read their comics (create your own page) every day because they have a great selection. The comics and obits are probably the only things printed by them that is not biased.
It really says a lot about the state of print media when a metropolitan area the size of Houston has only one daily newspaper!
Do any of you fellers down Texas way think ol' Tom is thinkin' of takin' care of his little Ronnie Earle problem Dick Cheney style? (just kiddin' for any of you Dummies watching)
It does indeed! The Houston Post used to compete with 'em, but that was many years ago.
The New York Times of the south should be the Austin American Statesman.
Flaherty would not say whether DeLay needs a handgun permit. In a written statement, she said, "As for whether or not he carries it, that's the point of having a CHL (concealed handgun license) in Texas, potential criminals should assume everyone is."Excellent point. The mugger should assume that I'm armed and dangerous; it's none of his business whether I carry or not.
I know that liberals will never understand this point, but I'm glad someone is quoted explaining to average readers.
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