The Back Door! Using the Law to take away your Rights!

PC 22.01 Assault

(a) A person commits an offense if the person:

(1) Intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

(2) Intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

(3) Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

If you assault someone under the Family Code Section 71.0021, 71.003 or 71.005 you will loose your gun rights even if a gun is not used in committing the crime. Most Department's including the one I use to work for have you write a report even if a crime has not been committed meaning verbal only. That means even though you’re not charged with a crime it will still be documented in kept as a record. The reason I'm writing this blog is to educate people that this is used as a back door to take away your gun right's which directly goes against your Second Amendment Right! That means God forbid you get into an argument with your Wife, Girlfriend or Family member which millions do every day you could be a target on their list. I believe that the Law should be enforced and that nobody has the right to inflict injury on another, but why should you have to give up your Second Amendment Right unless a weapon is used in the commission of the crime! I also believe after a person serves their debt to Society they should be given back all their rights! By not doing this you create a second class citizen, and that's exactly what they want! Remember they want you to think it's a privilege not a right. Last time I read they were called the Bill of Rights not the Bill of Privileges! The Legislature's are working hard to find new back doors to violate your Constitutional Rights! Keep up with the laws, and remember if you serve on a Jury you can challenge such laws by something known as Jury nullification. That's right before you try to avoid serving on a jury think about the power you’re giving up! Here's an example of what I'm talking about. Remember knowledge is power!

In a Constitutional system of justice, such as ours, there is a judicial body with more power than Congress, the President, or even the Supreme Court. Yes, the trial jury protected under our Constitution has more power than all these government officials. This is because it has the final veto power over all "acts of the legislature" that may come to be called "laws".

In fact, the power of jury nullification predates our Constitution. In November of 1734, a printer named John Peter Zenger was arrested for seditious libel against his Majesty's government. At that time, a law of the Colony of New York forbid any publication without prior government approval. Freedom of the press was not enjoyed by the early colonialists! Zenger, however, defied this censorship and published articles strongly critical of New York colonial rule.

When brought to trial in August of 1735, Zenger admitted publishing the offending articles, but argued that the truth of the facts stated justified their publication. The judge instructed the jury that truth is not justification for libel. Rather, truth makes the libel more vicious, for public unrest is more likely to follow true, rather than false claims of bad governance. And since the defendant had admitted to the "fact" of publication, only a question of "law" remained.

Then, as now, the judge said the "issue of law" was for the court to determine, and he instructed the jury to find the defendant guilty. It took only ten minutes for the jury to disregard the judge's instructions on the law and find Zenger NOT GUILTY.

That is the power of the jury at work; the power to decide the issues of law under which the defendant is charged, as well as the facts. In our system of checks and balances, the jury is our final check, the people's last safegard against unjust law and tyranny.

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Comment by TommyD on January 30, 2012 at 6:30pm

Great post my friend, we have discussed this topic many times and I am happy to see you post this.

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