DeLay wants concealed handgun permit back

R

rick_reno

Moderator
Because he's accused of being a crook - they take away his ability to defend himself?

RICHMOND, Texas - Rep. Tom DeLay is fighting to regain his concealed handgun permit after it was suspended because of his indictment on felony charges.

A justice of the peace suspended DeLay’s license in January after the former majority leader was indicted last year. A judge dismissed a conspiracy charge, but DeLay still faces a felony charge of money laundering.

Under state law, the Texas Department of Public Safety can suspend a handgun license if its holder has been charged with certain misdemeanors or higher.

DeLay, a vocal gun rights proponent, has appealed the suspension and has asked for a new hearing after missing a Jan. 26 court date.

“Without objection, they (the Department of Public Safety) presented a copy of an indictment,” Justice of the Peace Jim Richard said. “And that was about it for the case.”

Steve Brittain, one of DeLay’s Austin attorneys, filed the appeal March 14. A hearing date has not been set.

Steve Moninger, an attorney for the Department of Public Safety, which administers the handgun licensing law, said the state will contest the appeal.

“We are going to keep going. Our function is to enforce the statute,” Moninger said.

Brittain did not return telephone messages left Monday.

DeLay spokeswoman Shannon Flaherty said neither Brittain nor DeLay was able to make the original court hearing.

Flaherty would not say whether DeLay needs a handgun permit. In a written statement, she said, “As for whether or not he carries it — that’s the point of having a CHL (concealed handgun license) in Texas, potential criminals should assume everyone is.”

The indictment cost DeLay his leadership post. He won his Republican primary election earlier this month and faces former Democratic Rep. Nick Lampson in the Nov. 7 general election.
 
I'd like to see him fight for the law to be changed for EVERYONE but instead he wants HIS CCW permit back.

I can't help but feel a little bit of guilty joy when the elite get caught by their own laws.

I'm not saying that the law was DeLay's fault but it has obviously been in place for awhile.
 
Because thats basically promoting the guilty until proven innocent mindset of most people these days. He's innocent until a court of law and a jury of his peers says otherwise so therefore it should be illegal to take it from him. Or is it that we should only support the rights as a us citizen that benifit us in some way?:rolleyes:
 
I dunno. Might seriously have to do with the nature of the felony with which someone is charged. If we were talking about a guy who is suspected of having attempted murder, yeah, deny him the right to carry a gun until the matter is resolved. But someone accused of a paper crime?! :rolleyes: Not so sure about restricting civil rights and liberties in such a case before a conviction is obtained.

Truly, any subject of an indictment probably ought not to be able to go around freely while awaiting trial -- IF they're such a danger to the public that we feel the need to restrict their access to firearms.


-azurefly
 
I like Vermont style of course. If you're a felon, you can't carry and no piece of paper would stop a violent felon anyway.

Obviously, if someone is going to do something violent the lack of a valid CCW will not stop them from doing.

If you're a felon but the crime was nonviolent I believe you have every right to carry. And in some cases, a felon may have a very good reason to carry! I imagine some of those "paper" criminals have some high power people who wouldn't want them spreading what they know.
 
Just another reason not to commit a felony. Once indicted, no permit. period.
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I'm going with Blake on this one. Until he's convicted he's innocent. Will he have to jump through hoops to get it back if he's acquitted? Probably.
 
Permit

He's probably a little worried now, without a gun since he's messed over so many parts of the law. He can afford a guard until it's resolved. He needs to be humbled. Let them eat their own.
 
This is just more Texas politics.

The law says the right to carry may be suspended. Here's a quote from the author of the original bill:

The author of the original bill, Land Commissioner Jerry Patterson, who was a state senator, said the section of law calling for suspension of licenses of people under indictment should probably be removed from the statute.

"It is clearly not rational, not called for, but it was one of those things we did to make somebody say, 'OK, I'll vote for it,' " Patterson said Monday.

Patterson said several provisions were put in the bill by backers in order to garner support from other lawmakers who were leery about the law.

Patterson said since the bill's passage more than a decade ago, legislators have amended the statute and removed some of the parts he called "onerous."

"There is a presumption of innocence. Would we take away his First Amendment right to free speech?" Patterson said.​

http://www.chron.com/disp/story.mpl/front/3752306.html

I think they are still mad at Delay down there for not rolling over. Then again I'm not much of a fan of his, but the precedent is not too good.
 
RTC? = Right To Carry?

While we all pretty much talk about this "Right to Carry," we also pretty much ignore the reality. It isn't a Right. If it was, then you wouldn't need the permission of the State in order to exercise your Right.

As long as the Courts agree with the State, that they have the power to regulate how you carry, then such permissions are a privilege. I suspect that even if the Supreme Court were to rule that the 2A is an individual Right, they would still rule that regulation of type of carry to not be an infringement and within the power of the State.

As a privilege, the State may revoke your permission to carry concealed at will. So what's happened to DeLay is perfectly within the power of the State.
 
And you object to the revocation of the CHL when under felony indictment because . . . ?
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because being accused of a felony (especially a nonviolent felony) has nothing to do with carrying a gun. He has been accused, he hasn't even been legally found guilty.
Even if he is, it still has nothing to do with carrying a gun to defend himself. If he goes to jail then he obviously cannot carry a gun while in prison but that's as far as not being able to carry a gun goes.
 
GC §411.187. SUSPENSION OF LICENSE. (a) A license may be suspended under this section if the license holder: (1) is charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment

Thats the law folks....

I cry no tears for mr. DeLay.
 
We understand that is the way the law is written. The problem is that as one poster put it, HE is fighting against the current written law for HIS right to still be able to carry....but he won't do the same thing for us. Morally, I have no problem with someone accused of any kind of crime (unless they are held in jail obviously) carrying a gun.
 
he has a chance to appeal to the justice court in his area......If the justice says no then he has to do like every other citizen and wait for his day in court.
 
True. Maybe he'll remember this and, if he is found not guilty, he'll fight for the right to carry fight to repeal some of the laws that stand in the way of doing so.
 
Jack Abramoff got his today! It's just a matter of a short time before "Hot Tub Tom" gets his as well. A bug sprayer who didn't want anyone telling him what chemicals he could use or how to use them.
Probably not the best foundation for a long term successful political career.
I'm looking forward to having him exposed for his roll in permitting the sweat shops in Guam and Saipan to use the "Made in USA" label. The same sweat shops which dictate mandatory abortions for any pregnant worker.
Nice family values, Hot Tub!
I can see why he's feeling volunerable politically and physically.
What a POS!

Rimrock
 
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