Nueces County Tx above the law.

Nueces County Tx above the law.

This is a discussion on Nueces County Tx above the law. within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; They are outright breaking state law with this ban in all County government buildings. Guess they think the law doesn't apply to them. Where are ...

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Thread: Nueces County Tx above the law.

  1. #1
    Distinguished Member Array nlyric's Avatar
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    Nueces County Tx above the law.

    They are outright breaking state law with this ban in all County government buildings. Guess they think the law doesn't apply to them. Where are they getting their legal advice?
    Nueces County says 'no' to open-carry in government buildings - KRISTV.com | Continuous News Coverage | Corpus Christi
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    Well I always figured someplace would try it. Now I'm anxcious to see what the state government does about it.
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    Distinguished Member Array nlyric's Avatar
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    The bill went into effect sep 1st.
    The Texas legislation has teeth, but fair notice must be given to the government entities that break the law. Once a government entity is placed on notice that they are in violation of the law, they will have 15 days to remove the offending sign.

    First offenses will incur fines of $1,000 to $1,500 per day. Second offenses are fined $10,000 to $10,500 per day.
    Now it appears from the article they have no intent of posting 30.06/30.07 signs and just closing the buildings down with metal detectors. This raises the question for me, are they trying to skirt the law which I believe specifically mentions illegal signs?

    Would be nice if we all got "fair notice" should we break the law now wouldn't it?
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    VIP Member Array OldVet's Avatar
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    Pass that on to the state AG.
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    Quote Originally Posted by OldVet View Post
    Pass that on to the state AG.
    I think he is preoccupied trying to stay out of jail. He just lost a bid to get his case dismissed.

    Judge denies motions to throw out indictments against AG Ken Paxton | | Dallas Morning News
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    It's not just Nueces. Lots of disagreements here.
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by From the article
    Changes are being considered not because of the new open-carry law, but in reaction to security concerns everywhere.

    The only security change that's a done deal is the ban on open carry in county buildings. Everything else will be discussed in more detail next month.
    Right. Refusing to see things, all to increase security. Not because of the visibility of things.



    Seeing something isn't a dire security problem.

    Having a deadly predator lash out upon is IS a dire security problem, on the instant it happens, and that has zero to do with being seen beforehand.

    And forcing the visibly armed folks to eject or disarm simply ignores the fact that violent predators will simply be invisible in their status until they're ready to lash out ... So, kicking out everyone else for "visibility" reasons does nothing.
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    VIP Member Array oldman45's Avatar
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    I think you will find most government buildings across the US are no carry zones. Some areas will not allow carry on government property such as an empty lot (how is one to know who owns the property). An area city owns a building they rent to private businesses for office space. Carry is not allowed there by law even though no government offices are located within.

    Be glad TX came on board with OC. More places will take down their signs once they see that oC is not going to be a problem and will not create problems. Government buildings will seldom allow carry of any kind.
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    Distinguished Member Array nlyric's Avatar
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    Quote Originally Posted by oldman45 View Post
    I think you will find most government buildings across the US are no carry zones. Some areas will not allow carry on government property such as an empty lot (how is one to know who owns the property). An area city owns a building they rent to private businesses for office space. Carry is not allowed there by law even though no government offices are located within.

    Be glad TX came on board with OC. More places will take down their signs once they see that oC is not going to be a problem and will not create problems. Government buildings will seldom allow carry of any kind.
    As of sep 1st government buildings can not be off limits with few exceptions. Like court rooms, offices of the court, and rooms with public meetings in session. Must be posted.
    Personally I think they may be playing game with the law IANAL but the law mention specifically the illegal posting of signs 30.06/30.07 by a government entity.

    The article I linked has no mention of signs. Just manned metal detectors. I don't know really just guessing.

    Once notified the have 15 days to remove the illegal signs. If they don't its a $1000-$1500 fine per day for 1 st offence. Second offence it is $10000-$10500/per day.

    My question is if they just refuse entry without posting the signs are they still in violation?
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by nlyric View Post
    As of sep 1st government buildings can not be off limits with few exceptions ...

    Once notified the have 15 days to remove the illegal signs. If they don't ...

    My question is if they just refuse entry without posting the signs are they still in violation?
    It's certainly violating the RKBA/2A.

    Seems it's violating the law by prohibiting entry or demanding ejection. No matter that signage is or isn't involved.

    Who knows whether they'll be fined, if the law technically reads that posted signage is what yields the $penalties. Who knows if $penalties will accrue if the prohibition of entry and/or ejection is enforced. (Which is really the point, not the signs themselves.)

    What a world. Peons who won't follow the rule of law. Peons who are allowed to circumvent the BOR. Peons who are tasked (on our nickel) with deliberately violating the point and purpose of the BOR, then tasked with deliberately violating the law put into place to cease their circumvention.

    The more I see of this crap, the more I'm convinced that we need to have a specific Crimes Against The Constitution code that applies to all states and the D.C., where traitors get named as such ... and where traitors get hanged, for deliberate circumvention of the BOR and this ridiculous fiddling we currently allow. Hired staffers all, including judges, elected weenies, their staffers, and anyone else involved. Of course, that'll only happen on the far side of the courts ruling 9:0 on the nature of the BOR and after Congress itself passes such stringent standards for adherence to the BOR. When pigs fly, sadly.
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  11. #11
    Distinguished Member Array nlyric's Avatar
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    Quote Originally Posted by ccw9mm View Post
    It's certainly violating the RKBA/2A.

    Seems it's violating the law by prohibiting entry or demanding ejection. No matter that signage is or isn't involved.

    Who knows whether they'll be fined, if the law technically reads that posted signage is what yields the $penalties. Who knows if $penalties will accrue if the prohibition of entry and/or ejection is enforced. (Which is really the point, not the signs themselves.)

    What a world. Peons who won't follow the rule of law. Peons who are allowed to circumvent the BOR. Peons who are tasked (on our nickel) with deliberately violating the point and purpose of the BOR, then tasked with deliberately violating the law put into place to cease their circumvention.

    The more I see of this crap, the more I'm convinced that we need to have a specific Crimes Against The Constitution code that applies to all states and the D.C., where traitors get named as such ... and where traitors get hanged, for deliberate circumvention of the BOR and this ridiculous fiddling we currently allow. Hired staffers all, including judges, elected weenies, their staffers, and anyone else involved. Of course, that'll only happen on the far side of the courts ruling 9:0 on the nature of the BOR and after Congress itself passes such stringent standards for adherence to the BOR. When pigs fly, sadly.
    Well said, I share your outrage. All I know is that I'm thankful for those that are more involved than myself and are on this.

    They have already educated quite a few counties and municipalities into reversing similar positions.

    The perpetual fight for liberty marches on. Nature of the beast. Until the above the law elitists are held accountable without such things as "reasonable time to comply" or stone walling to no end through loopholes only afforded those "special among us" the field will remain stacked against we the people. With the pool of liberties continually drained by the proverbial holes inflicted one infringement after another.

    As is clearly evident in the 25 to 30 thousand unconstitutional gun laws already written. Each and everyone a drain that must be sealed.
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    VIP Member Array StormRhydr's Avatar
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    An enterprising "gun rights" atty would have a nice oppurtunity for a sweet law suit over all this.
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    If the buildings are where the court rooms are or the Judges office's are, then yes, gun are not allowed. There are other restrictions as well, such as jail's, polling places etc...
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  14. #14
    Distinguished Member Array nlyric's Avatar
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    Quote Originally Posted by Captain_Ron View Post
    If the buildings are where the court rooms are or the Judges office's are, then yes, gun are not allowed. There are other restrictions as well, such as jail's, polling places etc...
    The Governors legal team disagrees with you. Along with those who wrote the law. It is fully expected the AG will concur that buildings with public access for business other than in the few restricted areas in the building can not restrict the entire building.
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    Quote Originally Posted by nlyric View Post
    The Governors legal team disagrees with you. Along with those who wrote the law. It is fully expected the AG will concur that buildings with public access for business other than in the few restricted areas in the building can not restrict the entire building.
    Part in bold-- you know that because?

    Also, it is an AG issue, the gov as everyone else is entitled to an opinion but can't do much about anything. The last one got indicted
    for trying to do "the right thing" on a different matter.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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