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  • leVieux

    TSRA/NRA Life Member
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    Mar 28, 2013
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    The Trans-Sabine
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    I downloaded the Bell County order. No penalties for non-compliance. Hiking, walking, running, cycling and outdoor activities allowed as long as you maintain distance. Not a lock down without permission order. Pretty much what I am seeing most places.
    Not sure what they plan on doing about a business that does not comply. There is no penalty listed in the order.
    If it gets to the point that you can not be outside without papers like some countries,,,,I can see this getting to be a very real problem with civil disobedience. I'll be one of them.
    Civid 19 is a very real virus. From where and how is irrelevant.
    The panic over it is made up over peoples feelings and fear.
    It's sad when people die. It saddens me too from time to time. But it is a fact of what we call life. And anyone who has gambled knows, the only sure bet in what we call life is, you ain't getting out of it alive.

    How the hell did America become so pompous as to think nobody should get sick or die?
    When I have to have permission to leave my home,,,,yup, I'll be disobedient as hell.

    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

    Many “local authorities” do NOT understand and are making everything worse with their “directive orders. leVieux
     

    oldag

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    No, the right of the people to peaceably assemble for redress of grievances should be used. A polite, non-mob of people following some reasonable distance rules (hey, if there's 1000 people 6 feet apart from each other it will look a lot bigger!) and not coming if coughing or sneezing should start to get some attention. Carry signs specifically addressing the violation of Constitutional rights.
    Sorry, but assembling is outlawed as well.

    One is as illegal as the other given the county orders.
     

    Rhino

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    Sorry, but assembling is outlawed as well.

    One is as illegal as the other given the county orders.
    No it's not. The Bill of Rights supersedes the Penal Code... if this is truly a grievance, then the remedy for the grievance is a peaceful assembly to redress that.
     

    oldag

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    No it's not. The Bill of Rights supersedes the Penal Code... if this is truly a grievance, then the remedy for the grievance is a peaceful assembly to redress that.
    Personally, I don't think the orders are constitutional at all, but that is another argument. I could say the same thing about what I propose.

    According to the orders, both approaches are illegal.
     

    Rhino

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    No it's not. The Bill of Rights supersedes the Penal Code...
    Personally, I don't think the orders are constitutional at all, but that is another argument. I could say the same thing about what I propose.

    According to the orders, both approaches are illegal.
    The orders claim authority and under this: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.418.htm

    UNDER THE AUTHORITY OF TEXAS GOVERNMENT CODE SECTION 418.108, DALLAS COUNTY JUDGE CLAY JENKINS ORDERS:

    And so far I'm not seeing that there is telling me that they have the jurisdiction or right to suspend the Bill of Rights... maybe someone else can help me find that.

    So it's a declaration of disaster...

    Sec. 418.108. DECLARATION OF LOCAL DISASTER.

    Looks like they can order evacuations:

    (f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.

    And they can control ingress and egress and movement and occupancy in the disaster area.

    (g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area.

    Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND RULES. (a) The governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster.

    I don't like this one, obviously:

    Sec. 418.184. FIREARMS. (a) A peace officer who is acting in the lawful execution of the officer's official duties during a state of disaster may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

    (b) The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (a) before ceasing to detain the individual unless the officer:

    (1) arrests the individual for engaging in criminal activity; or

    (2) seizes the firearm as evidence in a criminal investigation.

    Personally, I'm of the opinion that we've given those judges too much authority. We also need to let the governmental officials know that their reelection depends on their not allowing the judge to continue this, although it looks like he could issue the order every seven days.
     
    Last edited:

    jrbfishn

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    Just because the Government passes a law and claims the jurisdiction to something does not make it Constitutional.
    There is NO "except" clause to in the Constitution. If there was, they could just declare an emergency anytime they want, over anything they want, for as long as they want, and there is effectively NO Constitution.
    Who it is good for, how many, or why, is irrelevant. There is nothing in the Constitution that allows them to suspend it for any reason.

    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
     

    oldag

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    Just because the Government passes a law and claims the jurisdiction to something does not make it Constitutional.
    There is NO "except" clause to in the Constitution. If there was, they could just declare an emergency anytime they want, over anything they want, for as long as they want, and there is effectively NO Constitution.
    Who it is good for, how many, or why, is irrelevant. There is nothing in the Constitution that allows them to suspend it for any reason.

    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
    No arguing that.

    Yet the order is still out there. And will remain until a lawsuit is won.
     

    Rhino

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    No arguing that.

    Yet the order is still out there. And will remain until a lawsuit is won.
    The way to start the lawsuit - or test the order - is to follow the Texas Constitution and organize a formal, peaceful assembly and call the crisis of code vs. the Bill of Rights. That is what the Open Carry movement was all about. It needs to be done.
     

    oldag

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    The way to start the lawsuit - or test the order - is to follow the Texas Constitution and organize a formal, peaceful assembly and call the crisis of code vs. the Bill of Rights. That is what the Open Carry movement was all about. It needs to be done.
    Just be prepared to be arrested/ticketed/whatever for being part of a group that exceeds 10 (or 25 depending upon the county/city). Then you have a good basis for the lawsuit.
     

    Rhino

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    Just be prepared to be arrested/ticketed/whatever for being part of a group that exceeds 10 (or 25 depending upon the county/city). Then you have a good basis for the lawsuit.
    We always were, and that's why we were also armed. If you stayed 6-10 feet apart, they'd have a harder time saying you were spreading it to each other.
     

    ElevenBravo

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    Sorry, but the public health issue (this is not yet a "Crisis") does not justify the mass hysteria response.

    Isolate/protect the at-risk population. Don't wreck our country with a shotgun approach. This bug has little effect on the vast majority who catch it. Probably better off in the long if healthy folks catch it and get it over with.

    Pretty certain everyone is going to be at least exposed to it. But the idea is to slow the spread so we dont have tens of thousands getting sick at the same time and causing a shortage of medical care.
     
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