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by Cedar Park Dad
Tue Aug 26, 2014 11:14 am
Forum: General Texas CHL Discussion
Topic: Whole Foods in Lakewood (Dallas)-unenforceable 30.06
Replies: 33
Views: 10109

Re: Whole Foods in Lakewood (Dallas)-unenforceable 30.06

AlgoaAggie91 wrote:
Judges and juries always rule by the letter of the law. They never make decisions based on their own interpretation of what they believe to be the intent of the law or what they feel the law should be. (Sarcasm off)
Pretty sure that's why there is an appeals process...
You know how much an appeal costs? :eek6
by Cedar Park Dad
Tue Aug 26, 2014 11:12 am
Forum: General Texas CHL Discussion
Topic: Whole Foods in Lakewood (Dallas)-unenforceable 30.06
Replies: 33
Views: 10109

Re: Whole Foods in Lakewood (Dallas)-unenforceable 30.06

jmra wrote:
EEllis wrote:
chamberc wrote:
EEllis wrote:
Purplehood wrote:As of this date, we really do not know if there is such a thing as an "unenforceable" 30.06 sign.

I also noticed that one of the doors pictured above have two opposing signs regarding the same issue...

We kind of do. If the sign does not meet the specs then the case will either be dropped or thrown out even if you get arrested.
Can you provide the case where this occurred? Our interpretation of the law doesn't make for case law, usually. Thanks.
Provide a case where someone wasn't prosecuted? Really? Look I don't want to be absolutist here because anything can happen but if the law says the letters have to be an inch high and they are not an inch high then you won't be prosecuted under 30.06. Why? Because they would lose rather embarrassingly or, if there was some court with a judge that far gone to allow a conviction, it would be overturned on appeal. The language is pretty clear and while you can argue about what colors are contrasting it's hard to argue that 3/4 of an inch is an inch. A DA would have to be a blithering idiot to charge under such conditions. Heck even most blithering idiots would know better. These are cases where they bully you into taking a plea or drop it at the last min if you refuse. They wouldn't take it to trial so .......
Judges and juries always rule by the letter of the law. They never make decisions based on their own interpretation of what they believe to be the intent of the law or what they feel the law should be. (Sarcasm off)

Further even if assuming correct, that measn you've still: 1) been arrested; 2) out money for bail; 3) may be out your pistol; 4) had to pay massive legal fees and time off. Yargh no thanks.

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