Carrying at a KKK Rally..

Aric · Post by **Aric** » Wed Aug 02, 2006 5:10 pm

Now that I got you attention.. I am not planning on going to the rally. But they are having one in Amarillo on Saturday, Aug 5. In the paper today it was talking about all the preparations going on. Which streets are going to be blocked off. No glass bottles and no flag poles longer than 5 ft and 3/4in thick. It also said no firearms and it said this includes people with concealed permits. Anybody with a firearm will be arrested no ifs ands or buts. Now this caught my attention. It will take place in the parking lot of city hall. Now their will not be a meeting of any govermental agency or a court of law happening so on what grounds can they prohibit me from carrying? I looked in the statutes and I can't find anything about a political rally. And they didn't expressly prohibit people from carrying when all the hispanics were protesting a few months ago. I might go just because they said I can't carry. Thanks

seamusTX · Post by **seamusTX** » Wed Aug 02, 2006 5:35 pm

I am not a lawyer and don't play one on TV. This appears to be the only relevant state law:

LGC Â§229.001. FIREARMS; EXPLOSIVES. (a) A municipality may
not adopt regulations relating to the transfer, private ownership,
keeping, transportation, licensing, or registration of firearms, ammunition,
or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has
under another law to:
...
(6) regulate the carrying of a firearm by a person other than a
person licensed to carry a concealed handgun under Subchapter H,
Chapter 411, Government Code, at a:
...
(C) political rally, parade, or official political meeting; ...

Attorney and police frequently misunderstand the law and can make your life miserable temporarily if not permanently.

- Jim

Aric · Post by **Aric** » Wed Aug 02, 2006 6:02 pm

But it says.. other than a person with a CHL...

I would go but I still haven't recieved my change of address CHL from the state. It has been 2 1/2 months. I emailed them at 2 months and they said it will be there in 2 weeks.. But that is a different story.

I think I will call the city attorney and ask him which statute says they can do this

ElGato · Post by **ElGato** » Wed Aug 02, 2006 8:03 pm

Aric wrote:But it says.. other than a person with a CHL...

I would go but I still haven't recieved my change of address CHL from the state. It has been 2 1/2 months. I emailed them at 2 months and they said it will be there in 2 weeks.. But that is a different story.

I think I will call the city attorney and ask him which statute says they can do this

I don't think he will have an answer for you.

But may be able to find something to arrest on.

Post by **Charles L. Cotton** » Wed Aug 02, 2006 9:56 pm

Cities canot prohibit a CHL from carrying under these circumstances. If they do, the city and the individual officer(s) may well be subject to a civil suit. The fact that the city announces they intend to arrest CHL's in a good indication it is aware of the pre-emption statute seamusTX posted. I hope they don't get some poor officer sued because of their irresponsible instructions, but "I was only following orders" didn't work in Nuremberg and it doesn't work in Texas either.

I can fully understand why they are worried about a Klan rally, but even a heart-felt concern doesn't trump the law. The fact that an elected official is willing to ignore the limits of their authority proves they are unfit to hold the office.

Chas.

seamusTX · Post by **seamusTX** » Wed Aug 02, 2006 10:03 pm

Charles, does a city or police department have some general authority to take any measures to keep the peace? How can they limit flagpoles, glass bottles, or fingernails if it comes to that?

- Jim

Commander · Post by **Commander** » Wed Aug 02, 2006 10:05 pm

Aric, Keep us posted on what happens Saturday. I think we'd all be interested to learn what actions are taken towards any CHL holders that happen to be there. As they say "this looks like a law suit waiting to happen."

age_ranger · Post by **age_ranger** » Wed Aug 02, 2006 10:31 pm

It's probably the same authority they use at gun shows to prevent CHL holders from carrying there too.

txinvestigator · Post by **txinvestigator** » Wed Aug 02, 2006 10:42 pm

Charles L. Cotton wrote: I hope they don't get some poor officer sued because of their irresponsible instructions, but "I was only following orders" didn't work in Nuremberg and it doesn't work in Texas either.

Amen brother, amen.

txinvestigator · Post by **txinvestigator** » Wed Aug 02, 2006 10:43 pm

seamusTX wrote:Charles, does a city or police department have some general authority to take any measures to keep the peace? How can they limit flagpoles, glass bottles, or fingernails if it comes to that?

- Jim

They can just not let you in if you have those items.

Freedom at its ??????

Diode · Post by **Diode** » Thu Aug 03, 2006 6:17 am

Would be interesting to contact them and get an answer on what law they are doing this by,. Hump,

John · Post by **John** » Thu Aug 03, 2006 7:28 am

They say you ought to "pick your battles". I would pick a different one.

That's just me though, nothing personal intended or implied

lrb111 · Post by **lrb111** » Thu Aug 03, 2006 8:15 am

Aric wrote:But it says.. other than a person with a CHL...

I would go but I still haven't recieved my change of address CHL from the state. It has been 2 1/2 months. I emailed them at 2 months and they said it will be there in 2 weeks.. But that is a different story.

I think I will call the city attorney and ask him which statute says they can do this

How about a letter to the editor of the local paper? You could use the qoute from the code seamus provided. The city attorney is involved in an illegal act.

ElGato · Post by **ElGato** » Thu Aug 03, 2006 8:32 am

I think that the official[s] should be held accountable for makeing the threat of arrest, a big deal should be made of this statement and the person[s] responsible should hear from all of us as well as the NRA and TSRA.

It shouldn't matter who the sponsor of the event is, if I let this go it will prompt another city to do the same.
I am going to find some one to write.

John, I wouldn't pick this one either, just can't overlook a slap in the face of CHLer's.

Diode · Post by **Diode** » Thu Aug 03, 2006 9:39 am

I sent an e-mail a few minutes ago and I got a response. You'll love how they are justifing there disarming CHL holders....... #2 is a stretch!

Sir:
The police chief's secretary forwarded your email to me for response. Yours is the second query on this topic. There seems to be a misperception circulating, probably attributable to the wording in the newspaper article. To my knowledge, no arrests of CHL holders is planned (of course, if he/she fails to comply with the lawful command of a peace officer then an arrest is highly possible). I will try to clarify the situation, as I understand it:

1. The rally will be a mass gathering within a fenced, controlled access area. It is a security sensitive event.
2. State law allows a peace officer to temporarily disarm a CHL holder during an encounter. The entire event will be marked by encounter with police officers.
3. The Potter County Attorney's Office has advised that they believe, under the totality of the circumstances, an officer will be justified in temporarily disarming a CHL holder at the rally.
4. If a CHL holder tries to enter the event, he/she will first be asked to go place the weapon in his/her car. If the CHL holder declines, then he/she will be temporarily disarmed and can pick up the weapon upon leaving. Only if a CHL holder refuses to cooperate with a peace officer in allowing temporary disarming will there be the potential for an arrest.

I trust that this information is helpful to you.

Marcus W. Norris
City Attorney
509 SE 7th Ave., Ste. 303
Amarillo TX 79101
Tel. 806.378.4208
Fax 806.378.3018