This is a very good point. One of the reasons these opinions shouldn't be and aren't just dashed off "No you can't have a sign!" notes. AJSully notes that carefully built their organizational and legal authority structures to avoid doing something dumb that would torpedo the program. The AG is going to have to go to court to defend these opinions, and losing right off the bat because he didn't adequately build his case on the law as it is actually written and previous precedents and opinions would be disastrous. People think you can quote the 2A like it is a magic wand and poof! all the bad laws go away.MeMelYup wrote:Reading KP-0089, a person can conclude that no state agency can make a requirement effecting firearms unless it is stipulated in 46.03 or 46.035. This includes agencies like family services, Texas BATFE, etc.
The Left figured out this stuff long ago and has been very successful in building the lower level legal arguments and precedents that the big case are made on. The only thing the good guys have done this has been on the legal and historical background of the 2A, and in this, along with some fortunate appointments to the SCOTUS, the good guys caught the Left napping. Many thought it was settled law that the 2A applied only to forming state militias, and that was that it was not an individual right, and that was that. They got lazy, sat on their haunches, and thought some how if they could just outspend the NRA guns would go away. 30 years of academic legal and historical shaped the battle space that allowed Gura and others to prevail in Heller, where even the liberal wing had to admit that the 2A is an individual right, and it ain't just about the militia (that finding was 9-0).
The AG's opinions and court cases will be important not only about signs in courthouses, but with respect to how gun rights are handled generally in Texas, and this can come up in unexpected ways. It is better for the AG to be right, than to be fast. As Wyatt Earp (I think) and many after him, "speed if fine, but accuracy is final."