Search found 5 matches

by ELB
Thu Aug 28, 2014 10:57 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Will Perry's CHL Be Suspended?
Replies: 59
Views: 10898

Re: Will Perry's CHL Be Suspended?

RetNavy wrote:Gary O’Connor of Powderly
To the Editor:
...
Perry and his apologists characterize the indictment as purely political and tied to Perry’s call for the Travis County DA to resign following her conviction for DUI. While I do not condone Lemberg’s drunk driving or subsequent behavior, the fact remains that Perry was silent about DUI convictions of two Republican DA’s, one of whom has two DUI convictions.
Since O'Connor does not cite who these DAs are, hard to check easily, but in any case, in Lehmberg's case Perry had the power to act because she was head of a state-funded function, the PIU. That was something he had direct control over. He had to take a stand one way of the other -- either approve the funding and tacitly endorse a convicted DUI offender as head of Public Integrity Unit, or block it. Were she purely a county-level prosecutor, he would have no role in this.
RetNavy wrote:Gary O’Connor of Powderly
To the Editor:
...
Secondly, when the complaint that resulted in the investigation of Perry’s Cancer Prevention and Research Institute was filed by Texans for Public Justice with the Travis County DA’s office, Lemberg recused herself and her entire office and declined to investigate. In fact a Republican judge from another county impaneled the grand jury which didn’t know the case they would consider, and appointed a non-partisan special prosecutor, also from another county.
The bottom line is that Lemberg’s office had nothing to do with the investigation, hardly the political retaliation promoted by Perry’s defenders.
Perry and has cronies have a history of questionable deals that benefit his major contributors ranging from attempting to require a specific vaccination for all Texas female teenagers to increased state mandated testing to the shady dealing with the cancer research center that funneled millions to a Perry contributor with little or no oversight or results.
Several sly misrepresentations here:
The CPRIT was a product a statewide vote to amend the Texas Constitution to establish it, and was voted into existence by Texas voters. It is not "Perry's".

By virtue of the legislation that set it up, the Governor appoints the board members. Since it was brand new, obviously Perry appointed all the board members. Lehmberg herself, and the primary investigator (who was indeed from Lehmberg's PIU office) both stated that at no time was Perry, the Governor's office, nor any of the board members appointed by Perry under any suspicion. The only ones investigated were the professional hired staff of CPRIT, and the only one indicted was a professional staff member. Nor, for that matter, was the company mentioned in the investigation (alleged to be Perry donors) aware that its proposal was improperly vetted by CPRIT; it was not under suspicion either.

Despite this, it was the Mo Elleithee, a spokesman for the Democratic National Committee, who alleged in an email that Perry was retaliating for an investigation in which neither he nor anyone associated with him was under investigation. Of course Mo left out that last part. I think I linked earlier in this thread to an Austin Statesman article that neatly torpedoed Elleithee's (and O'Connor's) claim. O'Connor, in his letter above, completely turns this around and attributes it to Perry supporters claiming some kind of retaliation over the CPRIT investigation.

Further, O'Connor asserts that "the complaint that resulted in the investigation of Perry’s Cancer Prevention and Research Institute was filed by Texans for Public Justice with the Travis County DA’s office, Lemberg recused herself and her entire office and declined to investigate." This is nonsense. I don't know who initially filed a complaint, but Lehmberg's Public Integrity Unit did indeed investigate, resulting in a Travis County Grand Jury indicting one person, a professional staff member of CPRIT. And, as noted earlier, neither Perry or anyone associated with him was under investigation.
by ELB
Thu Aug 28, 2014 10:14 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Will Perry's CHL Be Suspended?
Replies: 59
Views: 10898

Re: Will Perry's CHL Be Suspended?

RoyGBiv wrote:^^^
GC §411.187. SUSPENSION OF LICENSE. (a) The department shall suspend a
license under this section if the license holder:
(1) is charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01, Penal Code, or
equivalent offense, or of a felony under an information or indictment;
Seems unambiguous to me...

Was perry charged with a felony? His license MUST be suspended.

No?
nightmare69 wrote:It should be suspended by default but I'm sure Perry has some pull as governor.
Reading the law through a soda straw tends to exclude important elements. For example, the law very clearly states that CHL holders may not carry in hospitals. Pretty unambiguous, no? Execpt of course you have to read down a few paragraphs to find out that this applies only if the CHL holder was given effective notice. Thus looking at only one sentence, or even one section, of the law does not give the whole picture.

GC §411.187 (a) says the DPS shall suspend license if someone is indicted for a felony....BUT the very next section specifies how this is to happen. It is not automatic or by default. Some peace officer has to take an action to notify the Department in a particular way. Reading about it in the newspaper is not the way. So my point was until some peace officer takes this action (submits an affidavit), and the Department acts on the affidavit and notifies Perry, then his license is not suspended. (And he does not have to surrender it until he gets notice from the DPS. I suspect he stopped carrying anyway, and may have just sent in the CHL just to avoid giving Dems a way to pick at him.

I am curious as to who, if anyone, will take the step of submitting the affidavit with the relevant materials to support it. I am guessing one of the DAs investigators will be told to do it, but who knows, maybe one of the DPS officers will do it.
by ELB
Thu Aug 28, 2014 10:01 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Will Perry's CHL Be Suspended?
Replies: 59
Views: 10898

Re: Will Perry's CHL Be Suspended?

RoyGBiv wrote:
ELB wrote:The Blaze article doesn't even cite the laws correctly.
Hair splitting?... Really?
The actual law is pretty clear. No?

I like Perry, and clearly this is all hogwash, I expect these charges won't last long, but, PC seems clear to me.
Not hair splitting. Fact.

The Blaze incorrectly cited the wrong part of the law in mentioning revocation -- note that they mention having to wait two years to reapply -- that applies to certain reasons for revocation. Suspension is what would apply in Perry's case. Big difference between suspension and revocation. A felony indictment gets you a suspension, which is a temporary withdrawal of CHL rights, but you do not lose your CHL permanently. A felony conviction gets you a revocation, which is permanent loss of CHL rights, and although in some cases you can reapply two years after the reason for revocation ceases to exist, a felony conviction (in Texas) is forever, so no chance to reapply. Big difference.

Facts are important, and reading the entire law correctly is important. For example, the indictment against Perry is based on a very tendentious misreading of the law.
by ELB
Wed Aug 27, 2014 5:09 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Will Perry's CHL Be Suspended?
Replies: 59
Views: 10898

Re: Will Perry's CHL Be Suspended?

RoyGBiv wrote:
Keith B wrote:
They are just quoting the laws in the article, not stating the DPS has actually taken his license away.
Understood.... however... they are quoting relevant/correct law. So... If perry doesn't have surrender his license during the period of his indictment, then, are we a nation of laws or of men?
The Blaze article doesn't even cite the laws correctly. They claim Perry's CHL would be revoked . That would only be if he were convicted of a felony. For indictment of an alleged felony, the CHL can only be "suspended" and upon dismissal of the charges it must be unsuspended. According to the part of the law I cited above, it appears it can only be suspended if a peace officer submits an affidavit to the DPS. Per the law, it does not appear that Perry is required to surrender his license or until and unless DPS informs him they have suspended his CHL.
by ELB
Wed Aug 27, 2014 1:52 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Will Perry's CHL Be Suspended?
Replies: 59
Views: 10898

Re: Will Perry's CHL Be Suspended?

While GC §411.187 (a) says the license shall be suspended... it's not exactly automatic:

The very next section, GC §411.187 (b) says:
(b) If a peace officer believes a reason listed in Subsection (a) to suspend a license exists, the officer shall prepare an affidavit on a form provided by the department stating the reason for the suspension of the license and giving the department all of the information available to the officer at the time of the preparation of the form. The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared. The officer shall send a copy of the form and the attachments to the license holder. If the license holder has not surrendered the license or the license was not seized as evidence, the license holder shall surrender the license to the appropriate division of the department not later than the 10th day after the date the license holder receives the notice of suspension from the department unless the license holder requests a hearing from the department. The license holder may request that the justice court in the justice court precinct in which the license holder resides review the suspension as provided by Section 411.180. If a request is made for the justice court to review the suspension and hold a hearing, the license holder shall surrender the license on the date an order of suspension is entered by the justice court.
So unless Gov Perry voluntarily handed over his license, or one of the deputies seized it as "evidence" (evidence of what?) at his booking it looks like he keeps his license until some peace officer takes the initiative to officially notify the Department of Public Safety via an affidavit, and the Department tells the Gov he has to fork it over. I wonder if one of his body guards will volunteer to do it? ;-) I suspect that if Lehmberg or McCrum realize this, they might direct one of the DA's investigators to do it.

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