The Paradox and Absurdities of Carbon-Fretting and Rewilding

Herschel Smith · 28 Jan 2024 · 4 Comments

The Bureau of Land Management is planning a truly boneheaded move, angering some conservationists over the affects to herd populations and migration routes.  From Field & Stream. The Bureau of Land Management (BLM) recently released a draft plan outlining potential solar energy development in the West. The proposal is an update of the BLM’s 2012 Western Solar Plan. It adds five new states—Idaho, Montana, Oregon, Washington, and Wyoming—to a list of 11 western states already earmarked…… [read more]

Texas Open Carry Isn’t Likely To Be Constitutional Carry

BY Herschel Smith
9 years, 2 months ago

The secret was out about a week ago.

Another hot topic this session is open carry and Senator Perry already has an idea of what may come of that.

“I think you will see open carry on multiple levels. I think at the end of the day, Governor Abbott was very clear and Lt. Patrick has said the same thing. So, if an open carry bill meets the desk of the governor, it’s going to get signed. I would say if there is a bill that comes out of the house or senate chambers regarding second amendment it will be a license to carry” Senator Perry said.

As if on cue, the bill that has been filed follows what is likely a “behind closed doors” or “gentleman’s agreement.”

AUSTIN – State Sen. Craig Estes filed a bill on Friday that would authorize open carry of modern handguns in Texas by anyone with a license, so long as the handguns are carried in shoulder or belt holsters.

Texas is currently one of the few states that does not permit citizens to openly carry modern handguns under any circumstances. The other states that deny their citizens the right to carry handguns openly are: California, Florida, Illinois, New York, and South Carolina.

“Texas is one of only six states, including California, New York, and Illinois, that still completely ban open carry,” said Estes, R-Wichita Falls, who represents Palo Pinto County. “As Governor Abbott recently said, ‘If open carry is good enough for Massachusetts, it’s good enough for the state of Texas.’”

[ … ]

If passed, the new license to carry created by this bill would replace the existing concealed handgun license. Applicants would have to meet the same requirements that they currently do to get a concealed handgun license.

 

That’s really too bad for Texans.  The government shouldn’t be in the business of licensing anyone to engage in a constitutional right.  Voters might want to let their elected officials feel their disapprobation.

Now, how is this law to be enforced?  Texas has no “stop and identify” statute.  Either massive confusion is on the way, or more onerous laws like a new stop and identify statute will be part of this bill (or some future bill).  Terrible.  Just terrible.

Open Carry Case In Texas

BY Herschel Smith
10 years, 8 months ago

Hays Free Press:

Walking along Goforth Road in Buda last week, two young adults carrying rifles on their backs created quite a stir. But the aftermath may be even more controversial.

Part of a group call Open Carry Texas, which, on the internet, seems to be associated with Opencarry.org, the two young adults were trying to make a statement, videotaping their interaction with police and posting it on YouTube.

What statement? That, by law, they are allowed to openly carry long guns in Texas.

The video interaction between Buda police and the weapons-carriers included lessons for all involved.

Last week, Buda Police Officer Alex Fernandez, who arrived on scene at 5:27 p.m. to investigate a call for suspicious circumstances, found himself the target of a nationwide movement to test Texas’s open carry laws. The individuals, one male, one female, videotaped the interaction with the officer and a Hays County Constable who arrived as backup.

Buda Police Chief Bo Kidd confirmed that he received a call from a concerned citizen that there were two people walking along Goforth Road with long guns strapped to their back. In addition, a call was made to the Hays County Sheriff’s 911 center about the guns.

As the scene opened up, as shown on the video, Fernandez approached the individuals and initiated the conversation by asking for their identification.

“You got a driver’s license or ID?” he asked.

The male said, “Um, I choose not to present that to you, officer.”

Fernandez replied, “Just to let you know, you have every right to do that, you also have one thing – let me tell you right now, if you fail to identify to a police officer, you can also get arrested for that, OK? Do you have a DL or ID?”

The Sheriff went on to comment that:

“I understand what they are promoting (2nd Amendment/Right to Bear Arms), but I think most reasonable people would disagree with the manner in which they are going about this,” Kidd said.

Kidd said he thought the manner in which the confrontation took place would have worked better as an educational experience if the protesters had simply let his office know they were going to be walking around with long guns.

One commenter wrote:

“The cop says his reasoning for detaining them is ‘suspicious activity.’ Brown v. Texas, 443 U.S. 47 (1979) ruled that suspicious activity does not satisfy the requirement to detain and demand ID. Instead the officer must suspect you of a specific crime, which he can articulate and substantiate with objective facts. The exercise of a right cannot be converted into reasonable suspicion of a crime.”

I don’t understand the notion that someone exercising a right must inform the local law enforcement.  Do street preachers tell the police that they’re going to be speaking?  Besides, the intent of this effort is to make it commonplace to carry long guns (and I would also observe that I have commented numerous times about the lack of open carry in Texas and South Carolina, saying that it is an artifact of Jim Crow laws).  It was, after all, commonplace to carry long guns in Colonial times.

As to whether the police had a right to demand identification, the officer was wrong and the commenter is right.  Texas has a stop and identify statute of sorts, but it’s very restrictive, and it must be a valid and defensible “Terry Stop” (i.e., where the person is suspected of having committed a crime) in order to constitutionally effect the detainment.

I think the police ought to get used to this happening and get their facts straight and protocol in order.  Open carry advocates have the law on their side, and this isn’t the last time this is going to happen.


26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (275)
Animals (282)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (373)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (86)
Assassinations (2)
Assault Weapon Ban (28)
Australian Army (7)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (218)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (189)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,758)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,633)
Guns (2,298)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (31)
ICOS (1)
IEDs (7)
Immigration (106)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (67)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (95)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (72)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (648)
Police in COIN (3)
Policy (15)
Politics (969)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (491)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (668)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (52)
Survival (185)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (14)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (24)
TSA Ineptitude (13)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (18)
U.S. Sovereignty (23)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (98)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (412)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.