TexasCHLforum.com

Johnwatson wrote:Ok here's an update my cousin was pulled over in a non regulated area by a city police officer. My cousin does hold a valid tx DL, the law in Texas on buying a handgun is you can begifted one at any age, you can buy a pistol at the age of 18 via private sale, but to buy one through a dealer you have to be 21. We talked to our attorney who has been doing this area of law for 40 years he said the DA should drip the charges If not it will be an easy win in court. But I asked about a civil suite and he advised that if the charges are dropped or we win the case it wouldn't be the best to do because it would be hard to win or even get anything worth wile out of it.

These kinds things happen all too often and not just in matters concerning firearms and our RKBA areas. If he's wrong about the arrest, the LE should personally be responsible for paying all associated attorney's fees and expenses resulting from the UA as well as punitive damages. And if I was in charge, it would cost him his badge and certification...I'll say it again, accountability is a two way street. These kinds of things result in spawning attitudes that are anti-LE and shouldn't be allowed to happen without a very stiff price to pay for it.

This sort of thing really puzzles me. Our system of law is such that if there's not a law against it then it's legal, correct? How can someone be arrested for unlawful possession if it's not unlawful to begin with? With all due respect to respectable LE, there should be some automatic severe repercussions for such an arrest...without a citizen having to retain an attorney and file civil action for an unlawful arrest...accountability is a two way street. It shouldn't be possible for an officer to bring his own prejudices to the table if it means he can arrest someone for breaking a law that doesn't exist without him paying a bigger price than his prejudices are worth. Grrrrrrrrrrr! Okay, Off Rant!