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NCAD is at again

Posted: Tue Apr 18, 2017 6:46 pm
by roadkill
Went down today to protest my house appraisal and change the ag classification on my land to wildlife. I was met by a CCPD officer working security and the metal detector. I thought things would be smooth ala TX state capital style security. Nope I was wrong. I have audio of my interaction with the officer and a appraisal district rep before I disarmed and then again with the chief appraiser when I returned from my truck . I was told I would not be allowed upstairs both by the rep and the officer. All appraisers are upstairs on the second floor, the third floor has ARB meetings and you have to file your protest there before going to second floor to discuss it with an appraiser. I have them on audio recording admitting that there was not an ARB meeting going on but I would not be allowed up with my firearm. The chief appraiser is citing safety and says that an officer will be there all during the busy season and if I wish to have a firearm they would take my contact info down and set an ARB date up at which then they will discuss my appraisal and I couldn't carry at that meeting. I was told that informal appraisal meetings aren't required by law but they are provided as a courtesy. They were even banning pocket knives from entering. I sure wish the AG would do something about this clear violation of the law. I guess right now the only thing I might get action on is talking to the PD about their uniform officer assisting in violating LTC holders' rights. This is so frustrating :banghead: :banghead: :banghead:

Re: NCAD is at again

Posted: Wed Apr 19, 2017 11:20 am
by Soccerdad1995
Simple solution. Make it a criminal offense to unlawfully bar law abiding and non-disruptive citizens from entry to a government building, including while they are armed. And then charge everyone involved with ordering or executing the criminal act. The willingness of police to enforce these illegal access restrictions will end as soon as the first LEO gets a criminal conviction.

Re: NCAD is at again

Posted: Wed Apr 19, 2017 12:59 pm
by SewTexas
Too many police officers these days aren't "law enforcement" they are paid "armed bullies". I'm sorry if that offends anyone. But that's the truth, look at what happened on the UA flight, look at this, and I can cite many other stories, these officers know what the law is, and know what is right, but they are "following" orders, that's not right....that's worse than the military mindset.....and that's scary, what's going to happen if they are told to do something very wrong, against you, or me?

Re: NCAD is at again

Posted: Wed Apr 19, 2017 1:07 pm
by RicoTX
Soccerdad1995 wrote:Simple solution. Make it a criminal offense to unlawfully bar law abiding and non-disruptive citizens from entry to a government building, including while they are armed. And then charge everyone involved with ordering or executing the criminal act. The willingness of police to enforce these illegal access restrictions will end as soon as the first LEO gets a criminal conviction.
I agree completely, but the our state reps, ag, and governor are not worried about this. It should be official oppression...but it will never be. They don't have to follow the laws, but you do. I say this because if we break the law, the effect is immediate, including possible arrest. If they break the law, all you can do is write a letter. Sadly, our government doesn't have the...courage...to do the right thing.

Re: NCAD is at again

Posted: Wed Apr 19, 2017 1:20 pm
by bblhd672
roadkill wrote:The chief appraiser is citing safety
Because "safety" always trumps "law" or common sense.

Re: NCAD is at again

Posted: Wed Apr 19, 2017 8:04 pm
by roadkill
I have contacted CCPD Internal Affairs about their officer blocking LTC holders from carrying in the building. I have been told that if the NCAD has a policy that they expect the officers to follow that is not legal then the officer will no longer be able to work security there. They seem to think that if an attorney advised them (NCAD) its legal they (officer) can do so in good faith and not be in violation of the law. Tomorrow morning I have a meeting with an investigator about my complaint. I have been told the complaint is only an inquiry at the moment and not a complaint until something wrong has been discovered. I plan to take 30.06, 46.035 and 46.03 and 211.409 plus my pics and audio as evidence. I'm hoping that the CCPD will review the laws and determine that they cannot stop a LTC from entering the NCAD building with the exception of the meeting rooms during a meeting. If they see it the proper way then NCAD might be searching for new security and should they hire another LEO branch I shall start this process over and eventually they will run out of LEO to do their dirty work. Until our AG gets this straightened out with a lawsuit I see this as our only way to stop this. It's a stop gap so to speak.

Re: NCAD is at again

Posted: Thu Apr 20, 2017 2:34 am
by RicoTX
Roadkill,

Thanks for taking the time to hold them accountable...not enough citizens do that. I have resolved 3 issues in my area that either no other license holder cared about, or they just didn't care enough to take the time to resolve the issue. Thanks for helping all of us -because each time we make them do the right thing, it's one more example we can show the next offending jurisdiction.

Re: NCAD is at again

Posted: Thu Apr 20, 2017 5:06 am
by TreyHouston
Roadkill, yes. Thanks for your hard work! Keep us informed!

Re: NCAD is at again

Posted: Thu Apr 20, 2017 8:59 am
by roadkill
I was too late yesterday at the post office to get my letter out to NCAD. I'm glad I was late. NCAD was served notice last year by a freind of mine and as we all know nothing has changed. I missed AG opinion KP-0098 which deals with meetings being posted in my original letter. https://www.texasattorneygeneral.gov/op ... kp0098.pdf
I redid that letter and included a link in my letter to NCAD which is in route as I type. They will have it by Monday so I suppose I'll know where they stand by next Friday. The AG office already told me NCAD has a complaint pending but I could file one. I decided to so that my audio could be attached to the case. The officer clearly says at the end of my recording he "is paid to keep firearms from going upstairs". I believe his statement plus my conversation with the chief appraiser makes it clear what NCAD's intent is. Now if we can just get the AG to act on it.

As for the CCPD I'm bringing in all relevant laws plus AG opinions. Not sure what they will do but I'm sure they will cease providing security if they have to bar LTC holders from going upstairs. The $64k question is how soon and will it be immerdiate or after their contract during this busy season is over. I will be watching them either way. I'm tired of NCAD trying to skirt the law and am especially mad now that they are using LEO to assist them.

Re: NCAD is at again

Posted: Thu Apr 20, 2017 3:10 pm
by roadkill
Had a very good meeting this morning. It took a minute to convince the investigator that my issue is twofold, NCAD and CCPD and while separate they are intertwined. We went over the laws as well as the AG opinions and he saw that yes I was perfectly legal to carry where I wanted to but couldn't due to the CCPD officer having the wrong interpretation of where I could carry. I suspect it was from NCAD telling him he could legally keep me off the 2nd and 3rd floors. CCPD is now going to talk to their legal as well as command to investigate the procedures and what is asked of them at NCAD. I'm patiently awaiting a call back to go back down and have a meeting of what they found as well as what they will be doing in the future. I shall keep ya'll posted of how things turn out.

Re: NCAD is at again

Posted: Thu Apr 20, 2017 4:09 pm
by Flightmare
Sounds like you're making excellent progress! Thankyou for this effort!

Re: NCAD is at again

Posted: Thu Apr 20, 2017 5:00 pm
by TreyHouston
roadkill wrote:Had a very good meeting this morning. It took a minute to convince the investigator that my issue is twofold, NCAD and CCPD and while separate they are intertwined. We went over the laws as well as the AG opinions and he saw that yes I was perfectly legal to carry where I wanted to but couldn't due to the CCPD officer having the wrong interpretation of where I could carry. I suspect it was from NCAD telling him he could legally keep me off the 2nd and 3rd floors. CCPD is now going to talk to their legal as well as command to investigate the procedures and what is asked of them at NCAD. I'm patiently awaiting a call back to go back down and have a meeting of what they found as well as what they will be doing in the future. I shall keep ya'll posted of how things turn out.
Wow! Great job so far! I wish all of us had the knowledge, patience and drive as you do!

Re: NCAD is at again

Posted: Thu Apr 20, 2017 5:35 pm
by roadkill
TreyHouston wrote:
roadkill wrote:Had a very good meeting this morning. It took a minute to convince the investigator that my issue is twofold, NCAD and CCPD and while separate they are intertwined. We went over the laws as well as the AG opinions and he saw that yes I was perfectly legal to carry where I wanted to but couldn't due to the CCPD officer having the wrong interpretation of where I could carry. I suspect it was from NCAD telling him he could legally keep me off the 2nd and 3rd floors. CCPD is now going to talk to their legal as well as command to investigate the procedures and what is asked of them at NCAD. I'm patiently awaiting a call back to go back down and have a meeting of what they found as well as what they will be doing in the future. I shall keep ya'll posted of how things turn out.
Wow! Great job so far! I wish all of us had the knowledge, patience and drive as you do!
Thank you but I'm no smarter than anyone else here. As LTC holder's we should all be well versed on the what the law is and how it pertains to ourselves when and where we carry. As I told the CCPD IA officer I'm sure they (CCPD) has probably never arrested anyone under 30.06 or an LTC holder under 46.035 or 46.03. They are most likely not well versed on these laws and need to look into them, especially if asked to restrict LTC access anywhere. I had a choice to educate them through the court room by being arrested or coming back later and doing so in a manner that doesn't waste anyone's time and resources. If CCPD see's it right it will strengthen our argument against the NCAD and help that cause too. It will also most likely help city wide as officers might receive training in the LTC laws and appply them properly. It helps that we're slow at work and I have the time to pursue this issue as well. In reality everyone here can duplicate the same thing. All you need to do is print out the statutes and highlight the relevant parts. Also the AG opinions then set up a friendly meeting. In my case law enforcement is willing to listen and learn yours may not but you will never know till you try.
I'm tired of being told every year I can't carry where I can. Before it was just a sign and you just carry past it. Now its a LEO unlawfully enforcing that sign (and verbal notice). Take away their ability to use LEO in this manner and we go back to the sign issue and waiting on the AG to rule. I don't mind waiting for the AG to tell them to remove the sign. I do mind being told I cant carry right now.

Re: NCAD is at again

Posted: Fri Apr 21, 2017 11:10 am
by Jusme
Great job roadkill!!

Sound like you have taken the proper steps to not only work towards getting the matter resolved, but doing so in a manner that reflects positively on LTC holders in general.

I'm not sure where this is taking place you say CCPD, but I don't know if that is Corpus Christi, or Copperas Cove, or some other CC town I don't know about.

Re: NCAD is at again

Posted: Fri Apr 21, 2017 11:15 am
by roadkill
Nueces County. Corpus Christi PD