howdy wrote: Avoid the grey zones and keep yourself out of trouble.
As a former Marine officer, you should know that it costs something to defend a right we already own. And that cost has to be paid over and over and over again.
-- HM2 USNR (who spent 100% of his sea duty humping w/ the jarheads).
Why would they get convicted if they should win. Obviously other lawyers (DA, trial Judge ) and jury would have to disagree with your interpretation of section (e) to get convicted. You might win on appeal, but you might end up with a class A, jail time, lose your job.....I again would find it totally irresponsible for a CHL instructor to tell his students to do something that might get them arrested and put in jail..... Stay out of the grey.
I'm going to give you a real-life example of just exactly why that happens, and why we DO need people who are willing to "go into the grey".
I'm a homeschool dad. It has not been that long ago that, despite the common feeling about the matter, homeschooling was considered to be illegal by many a school district and local prosecutors. People that homeschooled did so at the risk of being arrested and put into jail. I am friends with many of those who in fact DID get arrested and spent time in jail (while their families fled the state for the weekend to avoid having the children confiscated by CPS).
All that changed when 1 person went so far into the grey that they were convicted. The appellate court, in the case of
Leeper vs Arlington ISD, issued the landmark decision that settled the issue. Now, homeschoolers simply tell local ISDs to buzz-off.
In conclusion - no attorney is telling someone that they SHOULD go into the grey. In fact, they (Charles Cotton) are pretty adamant about what the consequences might be. But the reality of it is, until SOMEONE is willing to be that sacrificial lamb - we all stand to loose via local bureaucracy what we earned in the legislature.