texas court makes new law out of thin air, negates a right of the people

S

SmarterthanYou

rebel
https://scholar.google.com/scholar_case?case=9468049977919069895&hl=en&as_sdt=6,44

open carry of long guns has been legal in TX for decades and while many cities have not liked it, they've had to deal with it. On occasion we'd end up with some idiot cop or another writing a disorderly conduct ticket, which usually gets thrown out because the language of the statute is too vague and doesn't describe activity that's disorderly. It simply states 'a manner calculated to alarm'..............and the US Supreme Court set precedent decades ago that the mere exercise of a right cannot be converted in to a crime...........well the TX criminal court of appeals just took that right away with the above ruling by redefining 'calculated to alarm' in to 'likely to alarm'.
 
SmarterthanYou said:
https://scholar.google.com/scholar_case?case=9468049977919069895&hl=en&as_sdt=6,44

open carry of long guns has been legal in TX for decades and while many cities have not liked it, they've had to deal with it. On occasion we'd end up with some idiot cop or another writing a disorderly conduct ticket, which usually gets thrown out because the language of the statute is too vague and doesn't describe activity that's disorderly. It simply states 'a manner calculated to alarm'..............and the US Supreme Court set precedent decades ago that the mere exercise of a right cannot be converted in to a crime...........well the TX criminal court of appeals just took that right away with the above ruling by redefining 'calculated to alarm' in to 'likely to alarm'.
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Why is it you people can't recognize the fact that Constitutional rights can be regulated, that no right, none, are absolute, ever one can be, and are, regulated, simple fact. Carrying long guns in public can be legally regulated
 
archives said:
Why is it you people can't recognize the fact that Constitutional rights can be regulated, that no right, none, are absolute, ever one can be, and are, regulated, simple fact. Carrying long guns in public can be legally regulated
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You mean like how you baby killers gladly accept laws regulating abortion?
 
There are no limitations to the Second Amendment. There have been limitations wrongly placed on the Second Amendment.

If the Founding Fathers had wanted limits on the Second Amendment, they would have placed them there.
 
SmarterthanYou said:
that would have to be MY claim, but that's not what I posted about
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I wasn't posting to you. I was addressing his claims that rights can be regulated and aren't absolute. The problem with his claim is that he's one of the first ones on this forum to bitch and moan if anything is done to regulate abortions.
 
SmarterthanYou said:
false equivalency. and that's pretty ironic, you being an abortion supporter calling ME the babykiller LOL
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Not at all, you are implying some Constitutional right is being taking away from you and that that is illegal, but in reality it is anything but illegal, as I said, any of those rights can, and are, regulated
 
The second amendment doesn't guarantee rights to all arms. It also doesn't give you the right to interrupt people's peaceful lives, just so you can flaunt your arms. Carrying a long gun doesn't fit the situation anyway. I'd love to see someone try, and do certain tasks lugging something like that along.
 
archives said:
Not at all, you are implying some Constitutional right is being taking away from you and that that is illegal, but in reality it is anything but illegal, as I said, any of those rights can, and are, regulated
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if the state, or even the court, were using an actual gun law to do this, you MIGHT have a point. However, that is not what is happening here. The court is using a vague definition in a disorderly conduct statute to make people afraid to exercise a right in order to avoid the citation that they redefined.
 
Earl said:
There are no limitations to the Second Amendment. There have been limitations wrongly placed on the Second Amendment.

If the Founding Fathers had wanted limits on the Second Amendment, they would have placed them there.
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Good ole "earl," still confused I see

Every Amendment has limitations, and the Founding Fathers did set a requirement in the Second Amendment, I guess they didn't teach the prefatory clause where you went to school
 
CFM said:
I wasn't posting to you. I was addressing his claims that rights can be regulated and aren't absolute. The problem with his claim is that he's one of the first ones on this forum to bitch and moan if anything is done to regulate abortions.
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my bad and my apologies. I missed that it was you posting and thought it was archives.
 
archives said:
Why is it you people can't recognize the fact that Constitutional rights can be regulated, that no right, none, are absolute, ever one can be, and are, regulated, simple fact. Carrying long guns in public can be legally regulated
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because it goes against the constitution, a power that the courts usurped because people like you are afraid of freedom. rights are absolute, otherwise they are just privileges
 
Jade Dragon said:
The second amendment doesn't guarantee rights to all arms. It also doesn't give you the right to interrupt people's peaceful lives, just so you can flaunt your arms. Carrying a long gun doesn't fit the situation anyway. I'd love to see someone try, and do certain tasks lugging something like that along.
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there's something that you are apparently choosing to ignore and that is that to make something illegal, you must have a law making it illegal, otherwise it's legal.
 
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