Posted on Aug 5, 2019
Texas Rep Dan Crenshaw Floats New Gun Law To Prevent Further Mass Shootings
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Posted >1 y ago
Responses: 3
The TAPS act is not the way to solve these issues. The TAPS act is a violation of the 1st, 2nd, 4th, and 5th amendments, to name a few*.
*In my humble sea lawyer view.
*In my humble sea lawyer view.
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CPT Jack Durish
Your humble opinion may be correct but it requires a little more explanation. Just saying that something violates ... doesn't make it true. I'm with you on preserving the integrity of the Constitution, but broad opinions don't make the best defense
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PO1 (Join to see)
CPT Jack Durish - Fair enough. Most of my opinions on this were voiced by SSgt Joseph Baptist.
IANAL, so these are just my opinions so there may be flaws.
I added a new amendment. Enter the 14th! (Because states would be compelled to comply)
If there is some action to be taken on "speech" then there is in effect, a restriction. "You shouldn't say that" eventually becomes "don't say that." Furthermore, how is this speech going to be monitored? When does that monitoring intrude on your privacy? Now, if we post something to RallyPoint, that is likely a public forum that has no 4th amendment protection. But emails, text messaging, even private messages on some public sites falls under an expectation of privacy, at least from where I stand. (1st and 4th)
Now, once this speech has been gathered and a determination has been made, the situation evolves into something more physical. If you are deemed to be a threat, there is no due-process protection for you before an action is taken. It is something you have to fight after the fact. (5th and 14th)
Since this is specifically targeting those that may or may not commit some heinous crime with firearms, it is crafted in a way that it is an ERPO on steroids and you can lose your firearms until you, the accused can prove your innocence, however that would happen. (2nd, 5th, and 14th)
IANAL, so these are just my opinions so there may be flaws.
I added a new amendment. Enter the 14th! (Because states would be compelled to comply)
If there is some action to be taken on "speech" then there is in effect, a restriction. "You shouldn't say that" eventually becomes "don't say that." Furthermore, how is this speech going to be monitored? When does that monitoring intrude on your privacy? Now, if we post something to RallyPoint, that is likely a public forum that has no 4th amendment protection. But emails, text messaging, even private messages on some public sites falls under an expectation of privacy, at least from where I stand. (1st and 4th)
Now, once this speech has been gathered and a determination has been made, the situation evolves into something more physical. If you are deemed to be a threat, there is no due-process protection for you before an action is taken. It is something you have to fight after the fact. (5th and 14th)
Since this is specifically targeting those that may or may not commit some heinous crime with firearms, it is crafted in a way that it is an ERPO on steroids and you can lose your firearms until you, the accused can prove your innocence, however that would happen. (2nd, 5th, and 14th)
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Exactly what is needed, placing a bandage on an infected wound doesn’t work. So much attention to these horrendous mass shootings, yet the tally in Chicago to date is 293 shooting deaths and over 1500 shootings. If existing laws and city strict laws do not work, more gun control laws will only restrict self protection.
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CPT Jack Durish
Why does everyone get excited about a mass shooting in Dayton and ignore the mass of shootings in every major American city. Could it be because most of the urban gun violence is minority on minority? Bigotry?
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MCPO Roger Collins
CPT Jack Durish Yes, yes, on your questions. Lack of political will to enforce the laws in these areas, since they are confined to poor inner cities, not the more affluent areas. And the hundreds of deaths and thousands of injuries have become the accepted norms. Pay too much attention to these areas and you are racist, as with Baltimore.
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