Search found 20 matches

by DParker
Thu Jun 26, 2008 4:37 pm
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

aardwolf wrote:[Maybe it should but it wasn't clear at all. As I have said before, the Texas constitution says "arms" not firearms. Humans have used knives as weapons for thousands of years before firearms were invented, so knives are clearly arms. Please explain how the current San Antonio prohibition against one type of arm (locking folder) is fundamentally different than a hypothetical Dallas prohibition against another type of arm (long guns) other than type of "arms" prohibited (and the fact one is hypothetical. "rlol" )
Let me repeat the part of the Texas Constitution that you seem to have missed:

but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

This is why I said that you need to decide which of the three quite different things you've presented so far...

1. Banning loaded handguns.
2. Banning rifles.
3. Banning the carrying of long guns.

...you're actually asking about as an analogy. Texas law as it currently exists makes each a fundamentally different issue. I've already explained why #1 was not analogous to the San Antonio statute. I've also explained that #2 was vague, but generally not permitted by the state Constitution. I've now demonstrated why #3 is a case that is quite different from the previous two, but roughly analogous to the lockbladed knife restrictions.
by DParker
Thu Jun 26, 2008 4:13 pm
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

aardwolf wrote:
DParker wrote:Please decide what specific hypothetical you're talking about and we can proceed from there.
I'm sorry if my post at the top of this page wasn't clear enough.
The problem is that you keep moving the goal posts. You've presented no fewer than three fundamentaly different "what if"s.
aardwolf wrote:
Are you saying Dallas could still ban rifles under the same conditions San Antonio bans locking folders?
You quoted the San Antonio ordinance so I thought you knew the conditions I meant. My bad. :???:
My answer to you should have made it quite clear that I most certainly did know the conditions you meant, and that you were making an apples-to-oranges comparison.
by DParker
Thu Jun 26, 2008 3:53 pm
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

aardwolf wrote:There is also no state law providing for the right to carry a shotgun or rifle of any caliber.
You seem to be jumping all over the place here. First you talk about some vague ban on rifles, and now you talk specifically about carrying long guns. Please decide what specific hypothetical you're talking about and we can proceed from there.
The state constitution says arms and knives have been arms thousands of years longer than firearms.
Huh?
by DParker
Thu Jun 26, 2008 3:22 pm
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

aardwolf wrote:Are you saying Dallas could still ban rifles under the same conditions San Antonio bans locking folders?
I'm not saying that at all. For starters, there's Article I, Section 23 of the Texas Constitution to contend with:

Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

However, regarding my previous response, the following...
There is no state law providing for the right to own a lockbladed knife of any size.
...really should have read...
There is no state law providing for the right to carry a lockbladed knife of any size.
by DParker
Thu Jun 26, 2008 3:08 pm
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

aardwolf wrote:
DParker wrote:Either way it does not run afoul of state law in any manner.
If San Antonio can ban locking folders why can't Dallas ban loaded handguns? Either there's State preemption or there isn't.
Because of the differing nature of the two sets of statutes. TX state law specifically provides that residents have the legal right to own and carry (conditionally) a loaded handgun. An attempt by Dallas to ban loaded handguns would be a direct violation of that higher law. On the other hand, the San Antonio lockblade knife ban is simply an extension to an existing state ban, not a contravention of it. There is no state law providing for the right to own a lockbladed knife of any size. Simply an explicite restriction on those over 5 1/2" in length.
by DParker
Thu Jun 26, 2008 2:29 pm
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

pedalman wrote:Dohhh!!! I'm an idiot! I was being facetious, and forgot to mark it as such.
OK. Consider us in agreement on the issue then (not the "idiot" part...the other part) :cheers2:
Skiprr wrote:This isn't germane to the Heller discussion, but I've always been amazed at this little bit of smoke-and-mirrors municipal legislation in San Antonio.

As you quoted, the muni code reads, "a. It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length..."

Fast forward to the Texas State Penal Code, §46.01:
(6) "Illegal knife" means a:

(A) knife with a blade over five and one-half inches...
So SA isn't circumventing the state laws; it just means that the only locking folder you can have in San Antonio (other than the not-applicable provisions) is one that has a blade that is precisely 5.5" long, to the micron. And I'll betcha their police department doesn't have the precision calipers necessary to measure the blade, much less that any two people would measure blade length in exactly the same way.

So the muni code effectively outlaws any locking folder (again, unless you fall into the not-applicable provsions). It just makes me think some city legislator(s) wakes up every day and smirks at how clever he was... :???:
I think you may be misinterpreting a lack of technical precision in the San Antonio law as some sort of diabolicaly clever end-run around state law. First off, I never conclude evil intent when incompetence is an adequate explanation (sort of my own variation on Occam's Razor.) Secondly, the result would be the same had the the law specified blades "less than or equal to five and one-half inches in length". That simply would have been a more precise expression of the intent of the statute, which was simply to extend the state ban on longer blades to all others of that same type. Either way it does not run afoul of state law in any manner.
by DParker
Thu Jun 26, 2008 2:08 pm
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

DParker wrote:But, regarding my claim that Ginsburg would find an individual RKBA...she (and the other dissenters) actually DID concur with that finding.
Hmmmmm. On second pass it appears that I was a bit hasty with that conclusion. At least, as generally as I phrased it.
by DParker
Thu Jun 26, 2008 1:20 pm
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

pedalman wrote:
DParker wrote:TX state law supercedes local law, and the way the state law currently stands I think it would be pretty difficult for a local government to construct a restrictive ordinance that was not at odds with it.
Except for San Antonio's lockblade knife ordinance?
I assume you're referring to the following from Code 1959:

Sec. 21-17. Certain knives prohibited generally; exceptions; penalty for violation.

a. It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.
b. The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:
1. In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
2. On his own premises or premises under his control;
3. Traveling;
4. Engaged in lawful hunting, fishing or other lawful sporting activity; or
5. Using such a knife in connection with a lawful occupation, during such utilization.


With which specific part of the TX penal code is this at odds? Note that simply being more restrictive than the state code does not mean that it is a violation of the latter.
by DParker
Thu Jun 26, 2008 11:09 am
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

drw wrote:What on earth is going on? :mad5 Since when is any kind of infringement reasonable?
For quite a long time now. Have you tried shouting "Fire!" in a crowded theater lately?
by DParker
Thu Jun 26, 2008 11:07 am
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

anygunanywhere wrote:Hard to tell intent or attitude in just words.
Then one is left to wonder why you were so quick with the "chill pill" response.
by DParker
Thu Jun 26, 2008 11:06 am
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

57Coastie wrote:You're a wise man, Lightning. Patience is a real virtue so far as this decision is concerned.
That's true of pretty much all court decisions.
There have, for example, been raves here that the recognition of an individual right is marvelous news...
That's because it is.
...and pretty much insures that "we" have won.
That depends on what is being referred to as having been "won". If it refers to the legal battle over whether or not 2A protects an individual RKBA then we have indeed "won". I don't see many claims here that we've won anything beyond that very specific battle.
We must not forget, however, that a unanimous court recognized this, but four of the nine drew some greatly different conclusions about the ultimate impact of that recognition.
That's true, and I think there's been pretty wide-spread acknowledgement here that the real significance of the case was the individual rights interpretation, and not anything of great import beyond that.
by DParker
Thu Jun 26, 2008 10:57 am
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

The Annoyed Man wrote:Here is the official Brady Campaign response:

http://www.bradycampaign.org/media/rele ... elease=992
What?! The Brady Campaign issuing a statement that is not consistent with the facts?!! I'm shocked! SHOCKED, I tell you!!!
by DParker
Thu Jun 26, 2008 10:48 am
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

anygunanywhere wrote:Dude, lighten up.

The quote I posted from the decision did not reference any case law. I was merely refuting Herb's post where he said I was wrong.

Take a chill pill.

Anygun
Did I give the impression that I was upset about something? I just asked a simple question. No need to get all wound up in order to tell someone else who isn't to calm down.
by DParker
Thu Jun 26, 2008 10:46 am
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

The Annoyed Man wrote:
DParker wrote:
57Coastie wrote:Does anyone read this decision to change anything in Texas?
I certainly don't. TX law already seems to be predicated on an individual RKBA.
In the sense that the court affirmed DC's right to impose licensing and registration requirements for possession of handguns in the home, look for some Texas cities to try the same. Whether or not it would ultimately pass muster in a legal challenge, somebody is sure to try it.
They mostly wouldn't have passed muster before, and they wouldn't now. TX state law supercedes local law, and the way the state law currently stands I think it would be pretty difficult for a local government to construct a restrictive ordinance that was not at odds with it.
by DParker
Thu Jun 26, 2008 10:28 am
Forum: Federal - 2008
Topic: Heller ruling out of SCOTUS today?
Replies: 172
Views: 23250

Re: Heller ruling out of SCOTUS today?

anygunanywhere wrote:The court did not cite any case law. This is where I believe that OC is protected and CC is not.
It didn't cite any case law? Are you reading the same decision as the rest of us?

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