Habeus Corpus, Christie?

Keep and Bear Arms ^ | 6-26-02 | David Codrea

[SJackson]

Habeus Corpus, Christie?

by David Codrea
Codrea4@adelphia.net

June 25, 2002

Dear EPA Director Whitman,

Per the news account at: http://www.ohio.com/mld/ohio/news/3508890.htm,

“The .38-caliber Taurus revolver that was used to kill Tejano music sensation Selena lies in pieces at the bottom of Corpus Christi Bay...State District Judge Jose Longoria ordered the destruction of the handgun on June 10; it was sawed into bits on June 11 and then ferried aboard a patrol boat to the site where the Nueces County sheriff scattered the fragments in the water.”

May I, as a private citizen, also dump metal fragments into navigable waters? Are there other materials that I can dump (or am prohibited from dumping) as well? Also, how much junk metal do I need to dump before I am committing an illegal act? If I do scrap my junk in coastal waters and am caught, will I be charged with an environmental crime or any infraction? What penalties might I incur?

If I cannot dump scrap into marine habitats, by what authority can a state district judge order a county sheriff to do so? If they can dump one gun, are they free to dump more? Can they dump all guns they impound and destroy, and can other police agencies follow suit? I would appreciate a response to this -- because if there is no law to keep me from dumping scrap materials, then I have several rusty old bikes and a toy electric jeep with a dead battery that I need to get rid of -- and nearby Santa Monica Bay is much more convenient than trying to haul them to a junkyard.

By the same token, if such actions are prohibited, is there any reason that you would not investigate the above-referenced news account, and hold the judge and sheriff to the same standards you would impose on the rest of us?

Sincerely,

David Codrea

 

[oyez]

That's a lot of focus on symbolism. Sell the gun to a collector for a whale of a price and give the cash to charity.

[Gaston]

If I cannot dump scrap into marine habitats, by what authority can a state district judge order a county sheriff to do so?

I am a former resident of Corpus Christi and can tell you that the dumping of confiscated guns into Corpus Christi bay has been done for at least 30 years that I know of. They dump them in an area in which a man made artificial reef has been created. There is also many old auto bodies, boats and other scrap metal in the reef. Contrary to what you may think the fish and waterfowl and fishermen love it. This artificial reef was created by the Army Corps of Engineers in conjunction with environmentalist organizations. Though this is the only artificial reef in the bay there are several others in the nearby Gulf of Mexico. It seems to be a win win situation for all involved and is certainly considered environmentally correct.

By the way it is spelled C-o-r-p-u-s C-h-r-i-s-t-i.