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Austin Texas Gunshow Update #150457
01/24/2010 04:08 AM
01/24/2010 04:08 AM
Joined: Oct 2001
Posts: 19,714
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ConSigCor Offline OP
Senior Member
ConSigCor  Offline OP
Senior Member
Joined: Oct 2001
Posts: 19,714
A 059 Btn 16 FF MSC
Austin Texas Gunshow Update

AmmoLand.com
Sunday 24th Jan, 2010

Dear Peaceable Texan:

As many of you know, I am an attorney of two decades experience practicing law in Austin. I have been investigating the events surrounding the gunshow of last weekend where APD and ATF used intimidation tactics to pressure the landlord of the property to cancel future shows at the Crocket Center. The following is what I have learned from my review of the law and speaking to the promoter and an individual that had his private collection confiscated Saturday.

On Tuesday APD attempted to deflect public attention by implying that multiple arrests at the location gave the city grounds to prosecute the landlords for nuisance. I am attaching a copy of the TX nuisance statutes and as anyone who can read can see–they clearly do not apply here.

But what is really ridiculous about such a claim is that if arrests alone constitute grounds for nuisance, then every mall and HEB in the state would be nuisances since arrests for shoplifting occur at these locations constantly.

The Crocket Center is owned by Walmart and leased to HEB, who in turn subleases to another entity which in turn leases it one weekend a month to the gunshow promoter.

The individual who was hassled and had his half dozen firearms seized Saturday was a private citizen there to sell his collection. According to him, APD and/or ATF had a man approach him and offer to buy a gun; the man displayed a Texas Driver’s License to prove he was over 21. The sale was made and later APD officers roughly grabbed the shirt of the seller and marched him outside and accused him of selling to an illegal alien. This apparently is the latest tactic to entrap the unwary citizen in the ATF’s snare. As if anyone could possibly know the immigration or citizenship status of anyone else. Yet ATF seized all his firearms and told him the matter was “under investigation.” This, ladies and gentlemen, is the ‘possible illegal gun sale’ referred to as the reason for HEB to pull the plug on future shows in the Statesman article (attached).

The tyranny of these laws and the APD/ATF “stings” are self evident. The government allows literally millions of foreigners to enter our country and then uses them to set citizens up for prison time. We should all be asking: who was this illegal alien, and where is he now? Why is he free with a driver’s license in our state and why is he not being deported? I would venture a guess that since Austin is a “sanctuary city” the police did not detain this man or turn him over to immigration authorities; indeed, they probably rewarded him in some fashion to get his cooperation.

THIS IS INTOLERABLE. We citizens are being used and abused at every turn. Our government is using foreigners to set us up, steal our property, lock us up, and end the venerable cultural events we know as “gunshows.” I want to suggest that perhaps the better tactic to prevent sales to aliens is to REMOVE THEM FROM THE COUNTRY.

In my opinion the appropriate place to apply public pressure is with HEB, since they have the right to continue to allow gunshows at this location. They have no liability under the nuisance law, and they have teams of lawyers who can figure that out. I am sure they can read. A general boycott of HEB is called for if they assist the government in shutting down a gunshow.

The TSRA has refused to get involved. NRA is also, as usual, silent. Once they see the grassroots taking action though, I expect NRA and/or TSRA will step in to take credit for leading them.

Word has it–I have not confirmed this–that today at 3 p.m. at Red’s Indoor Range on Hwy 290 the NRA is presenting Gov. Perry with an award of some kind and endorsement in his bid for re-election. Some are planning to be there to politely bring this matter to his attention–and the NRA’s–because if they are going to pretend to be pro-gun rights they need to actually DO SOMETHING to defend them.
Sincerely,
Paul Velte
Member Peaceable Texans for Firearms Rights


"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861
Re: Austin Texas Gunshow Update #150458
01/25/2010 11:17 AM
01/25/2010 11:17 AM
Joined: Oct 2001
Posts: 19,714
A 059 Btn 16 FF MSC
ConSigCor Offline OP
Senior Member
ConSigCor  Offline OP
Senior Member
Joined: Oct 2001
Posts: 19,714
A 059 Btn 16 FF MSC
Perry Calls Fed Shutdown Of Gun Show “Harassment”

Kurt Nimmo
Prison Planet.com
Monday, January 25, 2010

In the video below, Texas governor Rick Perry talks with Richard Reeves about the close down of the Texas Gun Shows.

Perry claims to be an advocate states’ right and has told us he is opposed to the federal government meddling in local affairs and yet he has little to say about the BATFE colluding with the Austin Police to shut down what was in fact an entirely legal gun show. Perry tells Reeves he thinks it was wrong for the feds to have leaned on the property owner HEB and forced Darwin Boedeker of Texas Gun Shows out of business.

Instead of defending a business owner against illegal federal intrusion (under the Commerce Clause of the U.S. Constitution) the governor tells Boedeker he should find another venue. Rick Perry does not address the behavior off the Austin Police or the absurd allegation parroted by the local media that citizens need paperwork to sell firearms in the state. Texas does not have a law requiring such paperwork and that is why the APD leaned on HEB in order to get the business shut down.

In response to a question by Reeves, Perry explains that if Mr. Boedecker moves his business to another venue and the police shut him down again he will consider it harassment. He does not specify what he will do if this happens.

He claims there is a lot of “he said, she said” involved in the dispute and he does not know what the facts are. The facts in the case are evident and not difficult to understand.

Is it possible the governor of Texas is ignorant of the laws in his state and also the Commerce Clause under Article I, Section 8, Clause 3 of the U.S. Constitution? In addition, is it possible Perry is ignorant of the terms under the Firearm Owners Protection Act of 1986? The law states that individuals “not engaged in the business” of dealing firearms, or who only make “occasional” sales within their state of residence (including parking lots) are not subjected to federal regulation. The law makes it obvious (in addition to the Commerce Clause) that the federal government has no jurisdiction in Texas or anywhere else when it comes to gun sales between private individuals who are not registered gun dealers.


It should be obvious by now that the BATFE colluded with the Austin cops to violate the law and target Darwin Boedeker. It is Rick Perry’s responsibility to protect his constituents from such federal racketeering.

The Austin Police are using color of law to deny Texans their right to buy and sell firearms. They have used the local media to spin the issue and disingenuously claim that the police are only interested in preventing illegal aliens and felons from purchasing firearms.

In fact, the law in Texas does not state that it is the responsibility of the seller to discover if a buyer is a criminal or from Mexico or any other country. The APD, at the behest of the federal government and the radical anti-Second Amendment Obama administration and the Justice Department under the leadership of the notorious gun-grabber Eric Holder, is engaged in Mafia-like criminal behavior.

Darwin Boedeker and Texas Gun Shows did not commit any crimes. The private and legal buying and selling of firearms allegedly taking place in the parking lot outside the venue is legal under Texas law and certainly not the responsibility of Boedeker and Texas Gun Shows. The “public nuisance” aspect of the APD complaint about gun sales is a red herring designed to divert attention from the real issue — the federal government’s attempt to shut down gun shows across the nation and keep relentless pressure on the Second Amendment and law-abiding Americans.

Perry’s neglect and cavalier comments need to become an election issue. He obviously does not feel that the state of Texas should protect its citizens from a wanton and predatory federal government determined to disarm the American public and deny them their right to own firearms under the Second Amendment.

The people of Texas only have one viable candidate for governor — Debra Medina, who is a staunch defender of the Second Amendment and the Bill of Rights.

http://www.youtube.com/watch?v=jnuSexCdkN4&feature=player_embedded


"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861

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