Friday, January 22, 2010

Editorial comment - Texas Shell Game

January, 2010 - Crime: Felony Deadly Conduct
Austin, Texas - Texas has a bit of a problem. (OK, depending on your outlook, they may have several problems.) They have a law set up that makes it illegal to disclose the names of individuals who have CCW permits, so what do they when there's a shooting by someone carrying a concealed weapon with a permit?

Well, yesterday, a young man named Fausto Cardenas decided that the best way to impress a girl and convince her to go out with him was to discharge a gun on the Texas State Capital steps. After a young woman refused to speak with him privately, Fausto went out and started shooting. He was taken down immediately by police. Luckily, the five shots he was able to take did not wound anyone visiting or working at the Capital.

Now journalists wishing to report on the incident aren't allowed to ascertain whether this individual was carrying this firearm legally or illegally because the gun lobby got the hush law passed.

But here's the loophole - if the individual isn't charged with carrying a concealed firearm illegally, doesn't that suggest that the individual did have a CCW permit? And if you can figure out who has and who hasn't got one by what they are charged with, isn't the law just attempting to keep the fact that these people had been given permits out of the media, which could make one question how this law effects freedom of the press? Isn't it one thing to protect law abiding citizens who don't want the criminal element, i.e., everyone else, to know they have a firearm and another to document that a law put in place by the gun lobby was being misused by the criminal element? Shouldn't those who abuse the privilege be pointed out so that legislators can determine if laws need to be refined?

Texas state legislators after the shooting said that they need to beef up security. Might I suggest that they take a real good look at their gun laws and hush laws and determine who those laws are really protecting.

1 comment:

  1. Rene:
    "so, what do they when there's a shooting by someone carrying a concealed weapon with a permit?"

    What do they do? They prosecute.

    Hundreds of Thousands of Texans and those in 48 other states where concealed permits are in effect have concealed permits, and you never hear a peep from them.

    If Fausto had a permit,or not, he will be dealt with accordingly by the justice system.

    Just Google Burglar + shot (or killed) or Armed robber + shot(or killed) for a few days and you will see how many firearms stop criminals every day nationally.

    Don't be so paranoid.

    Its interesting to note that about 3 million new firearms were legally sold in 2009, and the national crime rate went down 10% in 2009 in the middle of one of the worst economies that people can remember in years.

    Just a coincidence?

    And you said, "If the individual isn't charged with carrying a concealed firearm illegally, doesn't that suggest that the individual did have a CCW permit?"

    No, it doesn't mean that at all. when a person commits a gun crime, it usually isn't the only crime committed at the same time. Fausto could have been charged with crimes such as

    "Reckless discharge of a firearm,"

    "Discharging a firearm on state property" ...most likely a felony in Texas,

    "Possession of a firearm on state property"... probably a felony in Texas,
    and,

    A crime like "Brandishing a firearm in public."

    I don't know if these are crimes in Texas. They sure are in other states.

    When a person commits a gun crime, they are charged with many offenses that probably happened at the same time.

    Good old Fausto could have been possibly been charged with an illegal gun possession charge too, but when there are multiple crimes, unfortunately, some are plea bargained away. But, if not, there was certainly a complete menu of other charges that cloud have been filed if that one wasn't or if it was or will be plea bargained away.

    Guns stop crimes. Criminals will always get guns. Gun laws are just another law for a criminal to break.

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