Gillespie County Fairgrounds now 30.06 & 30.07....

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  • majormadmax

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    Aug 27, 2009
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    I don't know if this is the situation in this instance, but one way local government antigunners have been weaseling around the plain language of the law and the clearly stated intent of Attorney General to enforce that law...is to lease the property to a non-government entity. That entity then then uses the (government-owned building's) address on the assorted forms and permits and posts according to that status. The Corpus Christi Aquarium, for example, is posted as a 51% location all day, every day because the City leases the property after hours for special events, and the special event company has a bar. The Dallas Zoo went to court against the TxAG and won because the city had subcontracted management of the city owned zoo, and the subcontractor posted it (not the city).

    Good tricks. Directly against the plain language and the stated intent of the law, but sneaky enough to get a gun-hating judge to follow along.

    Which begs the question, does the property legally become someone else's when it is leased? I ask because this question always came up during the Premier Gun Shows held at the Freeman Auditorium which is owned by Bexar County. I fear that is the case, given that if a Federal entity leases property (such as a VA office), that property falls on the same rules (USC 18, Sec 930) as Federally-owned property. However, the distinction is that property is continuously leased for much longer periods (years vs. hours).

    Even if that were the case, I don't see how it could be legal to permanently display 30.06/30.07 signs when the property isn't under the control of the leaser. As for a 51% sign, there are definitive requirements that alcohol sales must constitute more than half of gross receipts for the location. I seriously doubt that over half of the Corpus Christi Aquarium's revenues are from the sale of alcohol...
     

    wakal

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    Ah, you miss the (evil) point...

    In reverse order: Of course the Aquarium doesn't make 51% or more of their money from the sale of the demon rum. However, the company that leases the space after hours does, and since the Aquarium's address is the "business" address of the after-hours company, the 51% sign is posted for the building 24/7 because TABC doesn't have "only posted in operational hours" caveats. It is all or nothing. Again, sneaky.

    The Dallas Zoo dodge ("leasing" management to a private company, then claiming the private company can put up signs on city property) is laid out on the TXAG website, if you read all the charges filed against various minor government entities and the resolutions.

    My own case, filed through the TXAG, is currently (along with many others) on hold until a leftist gun hating "judge" in Houston rules on the legality of the current law and the TXAG's interpretation of same. All pending cases are on hold, according to my AG contact, until that lawsuit against the state of Texas by Leftist Assweaselburg of Houston is settled. And...Assweaselburg is dragging their feet, hoping for the "blue wave" to push the at least nominally pretending to act as Republicans out of office before it can be ruled (and appealed, since any gun case in Houston can be predicted in .00001 seconds).
     

    majormadmax

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    Oh, I got your "evil" point (I know you all too well! ;)), I was just pontificating out loud how such things could happen in the great state of Texas...
     

    wakal

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    Too many Californians would be my guess...

    And I suspected you did, but took the opportunity to expand a bit in admiration. Just because they are evil, amoral bastards with the values of a rutting weasel on meth, doesn't mean that they are not...clever...
     
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