Blog Archive

Friday, September 11, 2015

on the proliferation of external penile implants

(just something that's been rattling around in my brain for some time)

I've never cared for guns.
Loud and dangerous, and often to be found in the hands of the stupid and the hateful, in my experience.
But I've been strangled for voicing unpopular opinions...and had an insane neighbor who stalked us for 7 years, doing all manner of strange and disturbing I learned to shoot, and clean, and maintain firearms...I learned the relevant law.
...and the cat is , literally, out of the bag.
Guns are everywhere, in Texas.
it seems the "debate" has been lost.
So I am, and have been, a Hippie with Guns.
However, I detect the possibility of an unexpected outcome in all of this barrel stroking.

{{“”Texas Weapons Laws
The General Firearms Laws of The State of Texas:

In Texas, it is generally illegal to carry a handgun outside of a person’s own premises. However, a person may carry, either open or concealed, in a non-threatening or alarming manner, a shotgun or rifle.

However even with a handgun, in Texas, there are several places where a person may possess a handgun legally without the benefit of a Texas Concealed Handgun License (CHL). These places include:
A person’s residence or other real property under their control.
A person’s private motor vehicle or watercraft if the handgun is concealed, and the person is legal to possess a firearm, is not a member of a street gang, and is not engaged in the commission of a crime greater than a Class C misdemeanor traffic or boating violation.
A person engaged in lawful fishing, hunting, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the persons’ residence or motor vehicle, if the firearm is a type commonly used in the activity.
While storing a loaded firearm, it must be in a place which cannot be accessed by a child under the age of 17, or secured with a trigger lock if there is reason to know that a child under 17 may gain access to the firearm.
The Concealed Handgun Laws of The State of Texas:

Texas allows concealed handguns to be legally carried with a CHL issued by Texas or by a state which Texas recognizes. If a license holder is in possession of a concealed handgun, they must produce their concealed weapons license along with another valid identification upon the demand of a police officer.

Private property owners are allowed to prohibit the carrying of concealed handguns on their property if they provide proper legal notice of trespassing by a CHL holder with a concealed handgun given in compliance with Texas Penal Code §30.06. Notice may be given verbally or in writing with a statutory warning or by signage with the statutory warning in English and Spanish, in one inch high block letters posted in a conspicuous place.

Further, even with a CHL, these weapons may not be carried concealed under the following circumstances pursuant to Texas Penal Code §46.03 & §46.035:
A concealed handgun cannot be carried while the person is intoxicated.
At an amusement park if a proper TPC §30.06 warning is given.
In a place of religious worship if a proper TPC §30.06 warning is given.
In a hospital or nursing home if a proper TPC §30.06 warning is given.
At any correctional facility or within 1000 feet of a correctional facility designated as a place of execution on a day of execution if proper notice is posted.
In any court or offices used by a court unless pursuant to written regulations or written authorization from the court.
At any polling place on Election Day.
At any meeting of any governmental body if proper notice is posted pursuant to Texas Penal Code §30.06.
At any high school, collegiate, professional sporting event or interscholastic event, unless the license holder is a participant in the event and a handgun is used in the event.
At any racetrack.
Inside any building or passenger transportation vehicle of a public or private school or educational institution.
In the premises of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which derives 51% or more of its income from the sale of alcoholic beverages and has a conspicuous warning prohibiting firearms, if posted.
Inside the secured area of any airport, however a person may carry any legal firearm into the terminal that is encased for shipment purposes and checked as baggage to be lawfully transported on an aircraft pursuant to airline and TSA regulations.
The State of Texas Justification For the Use of Force & Deadly Force:

In Texas, there are several situations where a person is justified in using force or deadly force.

A person may use force against another to the degree the person believes that it is reasonably necessary to protect themselves or a third person from another’s unlawful use of force.

Deadly force is defined as the degree of force likely to cause death or serious bodily injury, which includes actually firing a gun. However, the threat of using deadly force by displaying a weapon, if it is intended to cause apprehension that an actor will use deadly force if necessary, is defined by law as the use of force not deadly force.

In Texas it is presumed that deadly force was reasonably necessary if it is used against an individual who was unlawfully or forcibly entering or entered into an occupied home, business, or vehicle or is attempting to forcibly remove another against his or her will from an occupied home, business, or vehicle. Deadly force is also presumed to be justified to prevent the commission or attempted commission of murder, aggravated kidnapping, sexual assault, aggravated sexual assault, robbery and aggravated robbery.

In Texas if a person is present in any place where they have a right to be, they have no duty to retreat and have the right to use force, including deadly force, if they reasonably believe that it is necessary to prevent death or serious bodily injury to themselves or to prevent the commission of murder, aggravated kidnapping, sexual assault, aggravated sexual assault, robbery or aggravated robbery.""}}


(a good enough exposition on current Texas law...just easier to read than the law, itself. accurate, as near as I can tell)

The recent rash of police shootings...rather the recent explosion of police violence that we are suddenly aware of, due to the ubiquity of cameras...points out a perhaps unforeseen flaw in all of this.
To be perfectly and preemptively clear: I'm nowhere near stupid enough, let alone Violent enough, to attempt to "defend myself" from the cops, at some traffic stop or knock raids would probably be a different story(see relevant law, above)
But I have detected the presence of a lot of stupid and/or violent people out there, in the world.
I would think that the Cop Lobby would be on the front line of the gun control argument.
These two phenomena...out of control police, vs. the de facto policy of guns for everyone! and Shoot First...are bound to intersect, at some point.

I can think of two interrelated remedies for this potential bloodletting.
1. cop policy...this us.v.them thing that cops seem to have, apparently derived from what goes on in the academy...the pseudo-philosophy of "broken Windows"...the profiling schema that is used, whether it's written or not...all of that must be revisited. It appears to me, too, that there's a lot of former military folks, many with possibly untreated PTSD, in cop shops across the nation. the line between soldier and cop should be wide and bright, as a cursory review of history would indicate.
The idiotic, and ineffective(by their own criteria!) Drug War must be ended. Now.
That 40+ year experiment has run long enough. Results are in. Time to pay attention to them.
And speaking of Drugs: it has recently been reported that a great number of Cops are abusing Steroids, which may play in to the obvious Paranoia and Rage that is often on display when one encounters a Cop, and fails to bow and scrape abjectly enough.

2. I can see no good reason not to have reasonable limits placed on firearms purchases.
I expect immediate cries of "Second Amendment!" to ensue...but consider: there are reasonable limits on the rest of the bill of rights.
Prohibitions on yelling 'fire' in a crowded theater...far too many "exceptions" to the fourth amendment...none of them are absolute.
Why should the second, alone among the amendments, be so?
To follow the "logic" of the NRA and Open Carry people out to it's logical end, I should assert my 'right' to tactical nukes and ak-ak guns.
it's ridiculous.
a shoring up of the mental health apparatus would do wonders, as well.
I fully realise, that all of these little points will be seen by some as akin to criticising Israel.
Flame on.

No comments: