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by seamusTX
Fri Apr 03, 2009 11:08 am
Forum: General Texas CHL Discussion
Topic: Gun in car console - no CHL
Replies: 11
Views: 1537

Re: Gun in car console - no CHL

Everyone except extreme libertarians and anarchists (both of whom are unrealistic) want government to prohibit and compel certain activities. For some it's gambling or nude dancing. For others it's racial discrimination or "gun control." Government at every level oscillates between more liberal and conservative trends. Each group passes the laws that it wants. Their successors find it difficult to repeal existing laws, because those laws have built up a constituency.

The founders warned us that this could happen, but too few people listened. In fact, they fell into the trap as early as the John Adams administration.

- Jim
by seamusTX
Fri Apr 03, 2009 9:05 am
Forum: General Texas CHL Discussion
Topic: Gun in car console - no CHL
Replies: 11
Views: 1537

Re: Gun in car console - no CHL

BobCat wrote:There is an old saying about not wanting to live in a society where "anything not compulsory is forbidden". Wish I could recall the source of the quote.
It's a variation on a line from The Once and Future King, T.H. White's allegorical rendition of the story of King Arthur: "EVERYTHING NOT FORBIDDEN IS COMPULSORY"

It is probably a reference to fascism and communism. The book was written in the 1930s, in the years when the Nazis were coming to power in Germany and Stalin was at his worst.

The only principle on which a free society can function is "Whatever is not prohibited is allowed."

As The Annoyed Man correctly stated, the universe of activities that are allowed is much larger than the set of activities (or omissions) that are prohibited. No sane legal system could cover all the variations of human interaction, religious belief, and creative activities such as writing, invention, and composing music. Only a few deeply flawed, insane regimes like the Khmer Rouge have tried.

Getting back on topic, the Texas Penal Code defines offenses in terms similar to "a person commits an offense if he or she intentionally, recklessly, or with criminal negligence [does X]." We have a few other codes that define offenses such as failing to pay taxes or voting irregularities. Everything else is legal. Among those activities is carrying a concealed handgun in your vehicle, though the conditions are rather strict.

That is why someone who wants to verify or deny some rumor such as hollowpoint ammunition being illegal needs to find a law that makes it illegal. The law generally does not state what is legal.

The United States Code and Code of Federal Regulations are another story.

- Jim

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