By what authority? [More]Where is this within BATFU's charter?
By what section of the Texas Penal Code or the Texas Government Code does the Austin PD claim authority?
They're discussing this over at AR15.com.
Correspondent Walter L appears to shed some light:
The Texas Gun Shows have been “ordered” by the Austin PD and BATF to allow no setups for gun sales from non-FFLs. All individual sales will have to go through licensed dealers.
Chasing some stuff down, it seems that HEB owns the building they use and the APD and BATF have gotten to them—threatening with the possibility of suit if there are sales on their property for non background checked transactions. Thus it’s the “landlord” not LE who is calling for the restrictions.
So what is this? They realize they don't have actual delegated power but aren't beyond a little backdoor "pressure" under color of authority to still get their way? They're stepping a bit outside the bounds of enforcement, wouldn't you say?
How is that different from extortion, a mob hood coming into your business and saying "Nice place you've got here--shame if something happened to it"...?
Is this the way Bloomberg's wet dream to end private sales will be enacted? Not through rule of law, but through official intimidation?
And just how does any of this square with the bottom line justification for government in the first damn place: "To secure the Blessings of Liberty..."?
UPDATE: Received via forwarded email.
and I just sent an email to the Austin PD:
[Via Chris P and Walter L]
29 comments:
And to think that just yesterday, we held a Nullification Rally on the steps of the Texas Capitol. I wish I had know about this then.
Need to organize exactly the opposite. A "gun show" on private property where no FFL holders or BATFags are allowed. Members only, and members sign under penalty of perjury that they are not affiliated with any law enforcement organization - local, state, federal, or INTERPOL.
They call it Moscow on the Colorado for good reason.
It is time to take these people to the woodshed or maybe the wall? Offer them a cigarette and a blindfold, then take care of business.
I was remiss in my previous post. Forget the damn cigarette and blindfold.
Criminals need to addressed with extreme prejudice. The criminals in this case all are LEO's.
It appears that this activity is actually against the law in Texas, so there's some criminality going on in the Austin PD AND the BATFAE, no surprise there.
§ 39.03. OFFICIAL OPPRESSION. (a) A public servant
acting under color of his office or employment commits an offense if
he:
(1) intentionally subjects another to mistreatment or
to arrest, detention, search, seizure, dispossession, assessment,
or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the
exercise or enjoyment of any right, privilege, power, or immunity,
knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual
harassment.
(b) For purposes of this section, a public servant acts
under color of his office or employment if he acts or purports to
act in an official capacity or takes advantage of such actual or
purported capacity.
(c) In this section, "sexual harassment" means unwelcome
sexual advances, requests for sexual favors, or other verbal or
physical conduct of a sexual nature, submission to which is made a
term or condition of a person's exercise or enjoyment of any right,
privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 1217, § 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, § 19.01(34), eff. Aug. 26,
1991. Renumbered from V.T.C.A., Penal Code § 39.02 by Acts 1993,
73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Wouldn't it be swell if some arrests were made over this? I guess trials would be too much to ask for.
If HEB/Central Market is responsible for this decision, that is the place where pressure needs to be applied. The regulators will always take advantage of gutless corporate types. It's what they do and we should never expect them to do otherwise. The gutless corporate types, on the other hand, can be persuaded by reason or economic pressure. HEB has plenty of my money, but they won't be getting any more if they are responsible for this ... do we have some proof?
Yes, the gutless corporate types are responsible but this all starts with the spineless, no balls police departments and ATF. These morons have convinced themselves that they are 10 feet tall and bulletproof.
Setting up your on show on private property is a great idea but you've got to be willing to stand behind any committments to keep the thugs out!!!
Until the first drop of blood is spilled in this escalating usurpation of power nothing is going to change. Come on Texans lead the way!!!!! Remember Waco???
Have you Texans not had enough of the BS yet??? It's time that we all pick up the guns from the tables, load them and then point them in the direction of freedom!!
Two truths that are frequently and conveniently ignored by the state:
Citizens may engage in any activity that isn't prohibited by law.
Government may not engage in any activity that isn't granted by law.
Private firearms sales are not prohibited by law in the state of Texas.
No law in the state of Texas grants the Austin Police Department or the BATF the authority to ban private sales of firearms.
As Pat H points out above; the Austin PD and the BATF are both skating on thin ice here and deserve a cold bath so they can get their erections back into their respective underwear.
[W-III]
I used to call Austin home. Now I live in a Free(er) state. May God bless the remnant of the Republic of Texas.
I hate to say it, but I think one has boycott this gun show. I'll bet the owners of the show didn't want to do it, and I am sure the FFL dealers don't want to condone it, but let's face it they are participating in this back door regulation.
God Bless Texas? That's a joke.
America is at that awkward stage; it's too late to work within the system, but too early to shoot the bastards.
At a bare minimum, Texans should boycott this so-called gun show and others that follow.
Nothing will speak to the organizers more clearly than losing money.
it's not different from extortion -- and no government action ever is.
however, the landlord would otherwise reserve the right to stipulate such a claim -- and as a consumer, it would in general be better to know where not to spend your money if your opinion is that such a person does not deserve it.
by doing it this way instead, they make a mockery of exactly these kinds of rights in property -- which is what always happens when good men allow the rise of the state.
Ought to move it to Cedar Park or Round Rock and get it the hell out of Austin....
Has anyone contacted Kay Baily on this. She keeps bragging about being a hard core Second Amendment person. Lets see if she makes a stink about it or better what about the republican woman who the RINO's and the main stream media refused to allow in the debates. She could be one to rub some governor and senator nose in Constitutional rights being crapped on.
You folks in Texas, that other woman running for gov know how you feel and see if she can earn your vote.
David,
Followed your lead and sent this to Austin PD:
apd3(at)ci.austin.tx.us
Please explain Austin PD’s authority to forbid private firearm sales at the Texas Gun Shows’ North Austin show held 16-17 January 2010, at the North Austin Event Center.
Thank you,
W. W Woodward - 39 years retired Texas peace officer
I'll be extremely surprised if I receive a reply but if we cover the APD e-mail up with questions they just might get the message that we know they don't have the authority they claim.
[W-III]
As has been said above:
1-Boycott the official show.
2-Set up an unofficial gun show on private property.
Good luck, and keep the rest of us non-resident Texans posted on the outcome.
B Woodman
III-per
Austin, and the surrounding Travis County, make Berkley Ca. look like Kennesaw Ga. Sheriff Oliphant's policy is to harass every single CHL license holder to just short of getting sued on a traffic stop.
Basically you have the concentration of bureaucrats and professional victims that accumulate around any state capitol, plus University of Texas psycho-libs.
Armed Geek
OATH KEEPERS: ORDERS WE WILL NOT OBEY
1. We will NOT obey orders to disarm the American people.
2. We will NOT obey orders to conduct warrantless searches of the American people
3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal.
4. We will NOT obey orders to impose martial law or a “state of emergency” on a state.
5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty.
6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.
7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.
8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control."
9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies.
10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.
Apparently Oath Keepers does not care about gun shows or much of anything else police do. Time to shit or get off the pot Hahhhhhhhh!!!!! :O)
Defiant III
Well nice to know our law enforcement (tasked with supporting the Constitution) is so very happily doing its best to destroy that!
What should have happened is that Texas Gun Shows should have told them to stuff it let the private collectors in anyway and then when the BATF or Police closed them down immediately filed suit against HEB, BATF and Austin PD. Instead they chose profit over their legal rights. You lose your rights because you allow them to be taken and when the word gets out that this happened don't think they won't try again somewhere else
This is one of those transgressions of rights that require the cooperation of the victim. Texas Gun Shows is cooperating in this and do not deserve patronage of any kind from any man or woman who would be free. Anon at 12:45 has it exactly right.
The other people not doing their jobs in this are the Texas Rangers. They have the power to arrest every law enforcement element involved in this and they haven't done so. Also, a little known fact, a constable in Texas has the same powers of arrest and any Texas Constable can also make these arrest of those who violate Texas law. BATFE and APD could have already been facing charges if there were any Rangers or constables with the integrity to do their jobs. Isn't it rather pathetic that in America's second most populous state there isn't even one?
Now, we come to the crux of the matter. What is left when the law will not be enforced and is, in fact, broken by the agencies charged with its execution? When all legal tools and avenues of redress are taken away, that leaves only force of violence. These mandarins may want to consider that. Peacable people are like the quiet tolerant man who has endured all he will. A truly terrifying and dangerous enemy when not allowed to be anything else.
The governor and the AG should also be made aware of this criminal activity by APD and BATFE. Not that either will do anything, but they can't say they didn't know trouble was coming.
This open criminality should be top news on all the major news channels-in a sane, freedom loving world. Not in Amerika.
Walmart owns the building accorging to Travis County online records search, not HEB.
The gun show owner, Darwin, was interviewed today on Alex Jones' show.
To listen go to:
> gcnlive.com/directory.php
> GCN Archives, On Demand & Podcasts
> Alex Jones Show
> Archives
> January 18, 2010 (hour 2)
> January 18, 2010 (hour 3)
Do you know what hour and how far into it?
http://gcnlive.com/Archives2010/jan10/AlexJones/0118102.mp3 Hour 2
http://gcnlive.com/Archives2010/jan10/AlexJones/0118103.mp3 Hour 3
Also:
http://gcnlive.com/Archives2010/jan10/AlexJones/0118101.mp3 Hour 1
http://gcnlive.com/Archives2010/jan10/AlexJones/0118104.mp3 Hour 4
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