Author Topic: Austin Texas Gunshow Update  (Read 430 times)

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Offline Matt

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Austin Texas Gunshow Update
« on: January 24, 2010, 07:17:31 AM »
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
Any fool can know. The point is to understand.”
― Albert Einstein

Offline nw_hunter

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Re: Austin Texas Gunshow Update
« Reply #1 on: January 24, 2010, 12:12:57 PM »
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


 Here is the NRA's feeble attempt to cover the story.
They will "as usual" wait until they see how it plays out, before becoming involved, and then take credit, if it ends on a positive note!


Friday, January 22, 2010
 

NRA has received many inquiries about reports that the Austin, Texas Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives tried to stop private gun sales at an Austin gun show.

It appears that these reports refer to a voluntary agreement concerning the transfer of firearms at the Austin gun show, evidently reached among law enforcement agencies, property owners and managers, and the gun show promoter in question.  This was a self-imposed regulation, not a rule from the BATFE or an ordinance of the City of Austin.

NRA and our state affiliate, the Texas State Rifle Association, continue to research and investigate this matter--including examining whether this show was unfairly targeted.

Rest assured, we will inform our members of any new developments.
Freedom Of Speech.....Once we lose it, every other freedom will follow.

Offline Heavy C

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Re: Austin Texas Gunshow Update
« Reply #2 on: January 25, 2010, 06:12:08 AM »
Absolutely pathetic.  What next???

Offline Brett

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Re: Austin Texas Gunshow Update
« Reply #3 on: January 25, 2010, 06:50:49 AM »
Well I would not expect the NRA to go in half cocked and making a big stink until they have all the facts to back up their position. 

Jumping to conclusions is what our President did when he opened his big mouth about the white cop/black college professor incident and called the cop a bigot.   I can't blame the NRA for being cautious.  They don't want egg on their face for the national media to exploit, which you know damn well they would.  Can you imagine the headlines:  "Illegals should be allowed to own guns!..says NRA", "NRA supports illegals Trafficking in weapons!".     

Besides I think that the NRA knows how and when to pick their fights.  What's the sence on wasting money on every little battle, some of which can not be won anyway.  IMO the NRA does a pretty good job of fighting and winning the battles that really matter.   You're entitled to your own opinion of coerce.   
 
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Offline Graybeard

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Re: Austin Texas Gunshow Update
« Reply #4 on: January 25, 2010, 11:18:38 AM »
I don't know the facts of the case and won't pretend to so am not sure what's right and wrong here. On the surface tho it seems yet another case of BATFE abuse which they are famous for. Knowing their record I'd bet that's how it turns out.

The NRA is not a friend of gun owners. They merely play that role on TV.


Bill aka the Graybeard
President, Graybeard Outdoor Enterprises
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I am not a lawyer and do not give legal advice.

Jesus is the way, the truth, and the life anyone who believes in Him will have everlasting life!

Offline alsaqr

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Re: Austin Texas Gunshow Update
« Reply #5 on: January 25, 2010, 01:28:55 PM »
The only thing that I am sure of is:

1.  The lessee of the building required all private sales to go thru NICS.
2.  The gunshow promoter agreed to run all private sales thru NICS.
3.  The gunshow promoter then whined.   

Offline Matt

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Re: Austin Texas Gunshow Update
« Reply #6 on: January 25, 2010, 04:48:45 PM »
There is an interview with the promoter and he tells his side and says that this all happen 2 or 3 days before the event I think it was or maybe 1 or 2 days but either way what the hell could he do. I have a friend that puts on a small show here in town once to twice a year and to cancel a show when vendors are already there and setting up... nah not an option as it would ruin a promoter.

Say what you want and defend the feds all you want... when they come knocking on your door asking for your guns hope that your neighbor likes you enough to stand up for you.... as it seems many here lack the resolve to do so. 

Matt
Any fool can know. The point is to understand.”
― Albert Einstein