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  • whit128

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    Feb 14, 2009
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    Central Texas, Williamson County
    Wrong again.



    Please, don't even attempt your subtle insult. You know exactly what I wrote and what I meant. I also don't see a rebuttal of my POV, so I assume that that fact added to your insult is the typical response of a person with no argument.

    Your inslut is also reported.

    It was not meant as an inslut (sic), I was pointing out out the obvious. I have known officers that were "by the book" and usually found their LE jobs cut short. I was unable to find any definition on "spirit of the law" but I feel that you understand the term. I guess "officer discretion" is a better term or maybe "common sense". You will not find these terms pasted all over the stautes but they have meaning and play a part in an officers job.

    WIKIPEDIA:
    The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, he is obeying the literal interpretation of the words (the "letter") of the law, but not the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, he is doing what the authors of the law intended, though not adhering to the literal wording.
    "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Following the letter of the law but not the spirit is also a tactic used against an oppressive government.
     

    txinvestigator

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    I don't believe your "I see why you are no longer a cop" statement was not meant as an insult. Whatever.

    You conveniently left out my qualification that the "spiritit" of the law is subjective, and usually slanted towards to POV of the person using the term. That pretty much precludes any definitive concensus on the issue.

    I know what discretion is; I have discussed it in this thread.
     

    Big country

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    I don't believe your "I see why you are no longer a cop" statement was not meant as an insult. Whatever.
    I believe what he was referring to is the fact that some officers get disheartened by some of the ridiculous laws that they are required to enforce. They actually believe in helping people, and the "letter of the law" people take people to jail for stupid shit. I did not see an insult subtle or not. I think it was a comment meant to show understanding and you took it the wrong way. Were you ever a cop or have you just worked in the Private security sector?
    Nothing here is meant to be an insult of any kind.
     

    txinvestigator

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    I believe what he was referring to is the fact that some officers get disheartened by some of the ridiculous laws that they are required to enforce. They actually believe in helping people, and the "letter of the law" people take people to jail for stupid shit. I did not see an insult subtle or not. I think it was a comment meant to show understanding and you took it the wrong way.
    I don't think so.
    Were you ever a cop or have you just worked in the Private security sector?
    Yes, I was ever a cop. ;)
     

    Big country

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    The reason I asked is because I thought you would recognize the comment. I was born into a LE family and worked with LEO's for about eight months solid. I was planing on getting into law enforcement and have decided against it, because I do not feel that the "spirit" of the laws are on the same page as what is being forced to be enforced (if that makes sense). And because the general public seems to hate every cop they come across for no other reason than they enforce the laws. I can live with being hated, but I will not be persecuted for doing my job. And I thought that the comment left earlier was meant to say that you felt the same way and that is why you got out of LE. Anyway just my take on the comment and the situation in general, thanks for the answer to my question earlier in the the thread.
     

    thorkyl

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    Oct 13, 2008
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    The attitude of the Leo at the moment and the attitude of who he is talking to is always a deciding factor. But he could have done allot more than what he did. Riding the four wheeler threw a ditch is one charge, it being a 10 year old with a pistol is another. He must have been in a very good mood for that not to go bad for you.


    True, mostly, In our area the LEO's leave the 4-wheelers alone if your not acting stupid as we are way out in the county. Im on 35 acres, my neighbor is 125 and then next tract is 15,000.
     

    thorkyl

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    Oct 13, 2008
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    Brazoria County
    Texas Penal Code
    Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
    (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

    (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.


    Effective consent = He son use my gun at the range.
     

    Too Tall

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    May 25, 2009
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    Holy cow. I hope I'm misunderstanding this, but does this truly mean I have to have written permission from my son to legally give my granddaughter (16 yo) any of her ancestors' working firearms? I mean, sure he'll give me permission .. no doubt about that. It just never occurred to me he would need to do so in writing. I'm floored.

    (Not to mention that The G-daughter would be seriously po'ed if her big brother got a couple and she didn't just because she's not 18 yet. LOL)
     

    thorkyl

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    That's the way I understand it.
    Now for the play of words as it where.

    "having legal custody"

    If your kids drop her off at your house for the weekend or even for an hour you have legal custody at that point you can "intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give"

    This is just one of those laws that they only enforce when TSHTF
    gang banger 18 yrs old gives a 14 year old a gun and the 14 year old shoots someone.
    They now have something they can charge the 18 year old with

    That is the only time I have ever seen it enforced.


    See this is a tough law.
    If you have a kid in T-ball and you do not give written permission for the coach to "Lend" the bat to a kid then the coach could be charged as they consider a bat a club.
     

    JKTex

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    Mar 11, 2008
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    DFW, North Texas
    "having legal custody"

    If your kids drop her off at your house for the weekend or even for an hour you have legal custody at that point you can "intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give"

    I think I'm going to start a thread on how to toast bread. I'll be amazed if it doesn't go off into some convoluted, complex discussion of yeast reaction to heat and cancer cell division and ancient Chinese mandates regarding use of flour.

    A Grandchild visiting a Grandparent doesn't become in the legal custody of the Grandparent.

    The whole topic is silly in the case of passing a firearm down through a family. Give it to them and move on. It passed from generation to generation and everyone is happy.

    We don't need to over complicate things any more than they are.
     

    Too Tall

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    May 25, 2009
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    The whole topic is silly in the case of passing a firearm down through a family. Give it to them and move on. It passed from generation to generation and everyone is happy.

    We don't need to over complicate things any more than they are.

    Well, I agree with you ... it is just a plain silly situation to discuss. But then (and I'm tellin' my age here) there's a ton of Texas laws that have come into effect long after I was an adult that are just plain silly.

    I miss living in a Texas where the "what I can do's" outnumbered the "what I cannot do's". I'm gettin' to be ... ahem ... senior-ish and remember a little too well when it was the other way around. ;)

    The kids will get their heirloom guns ... and, no, I won't ask their dad to put it in writing before they do. (although the shocked look on Mark's face if I asked him might be worth the effort. ) I was more clarifying, with my tongue only partially in my cheek, whether this could actually be construed as "against the law" (and just as silly as many other illegalities are these days).
     
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