I don't think the fed has the authority to say what goes on a state-issued card. I'm not sure how you can get that authority from the commerce clause. If they want to track people that go beyond different states, let them mandate a national ID card but make the fed be in charge of it. I don't think that will go over well though.
I agree when he said the Constitutional right to habeas corpus is not explicitly stated. He was right about that. However, he was arguing that the government's implementation of that right is not guaranteed, which I believe to be an incredibly dangerous interpretation.
How do people like him get away with stuff like this?
Yeah. Here's the relevant bit of law (from Sec. 46.01. DEFINITIONS of the Texas Penal Code),:
~ ~ (6) "Illegal knife" means a:
~ ~ ~ (A) knife with a blade over five and one-half inches;
~ ~ ~ (B) hand instrument designed to cut or stab another by being thrown;
~ ~ ~ (C) dagger, including but not limited to a dirk, stilletto, and poniard;
~ ~ ~ (D) bowie knife;
~ ~ ~ (E) sword; or
~ ~ ~ (F) spear.
~ ~ (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by
cutting or stabbing a person with the instrument.
~ ~ (11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or
sheath, and that:
~ ~ ~ (A) opens automatically by pressure applied to a button or other device located on the handle; or
~ ~ ~ (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of
centrifugal force.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
~ (b) It is a defense to prosecution under this section that the actor was, at the time of the commission of the
offense:
~ ~ (1) in the actual discharge of his official duties as a member of the armed forces or state military forces as
defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
~ ~ (2) on his own premises or premises under his control unless he is an employee or agent of the owner of the
premises and his primary responsibility is to act in the capacity of a security guard to protect persons or
property, in which event he must comply with Subdivision (5);
~ ~ (3) traveling;
~ ~ (4) engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the
activity is conducted, or was directly en route between the premises and the actor's residence, if the weapon is a
type commonly used in the activity;
~ ~ (5) a person who holds a security officer commission issued by the Texas Board of Private Investigators and
Private Security Agencies, if:
~ ~ ~ (A) he is engaged in the performance of his duties as a security officer or traveling to and from his place of
assignment;
~ ~ ~ (B) he is wearing a distinctive uniform; and
~ ~ ~ (C) the weapon is in plain view;
So you generally can't carry a sword around except at your house. Too bad.
I agree. While the topic has come up in classes for me, the professor usually doesn't bother trying to contest it. They have to learn the same stuff for the test, like everyone else. If they get a bad grade, it's their problem. I honestly don't see why they'd even bother taking the class if they don't intend to learn the material..
It is interesting how the game Freespace 2 (which is quite good) comes with a provision in its license agreement that specifically allows a copy to be given to a friend. Directly because of this, three friends of mine now have bought original copies. Perhaps more things, including music, should be open to this type of 'free' distribution - apparently it has made the game company more money from my friends and I than they would have gotten had they been more restrictive.
Exactly. I rip all of my cds and listen to them on my computer or whatever, and the cds stay on the shelf safe from harm. I'd like to still have the right to play the music even if the original is stolen, because I completed my part of the bargain - I did not terminate the agreement.
Yup, it's just about the same scenario as this article says is possible. He made it in a rented house, I think. Good book, but the idea's was a little worrisome if not that hard to think up.
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I don't think the fed has the authority to say what goes on a state-issued card. I'm not sure how you can get that authority from the commerce clause. If they want to track people that go beyond different states, let them mandate a national ID card but make the fed be in charge of it. I don't think that will go over well though.
I think this is similar to how SD created the anti-abortion law. They are deliberately saying no to get the law tested in court.
I agree when he said the Constitutional right to habeas corpus is not explicitly stated. He was right about that. However, he was arguing that the government's implementation of that right is not guaranteed, which I believe to be an incredibly dangerous interpretation. How do people like him get away with stuff like this?
~ ~ (6) "Illegal knife" means a:
~ ~ ~ (A) knife with a blade over five and one-half inches;
~ ~ ~ (B) hand instrument designed to cut or stab another by being thrown;
~ ~ ~ (C) dagger, including but not limited to a dirk, stilletto, and poniard;
~ ~ ~ (D) bowie knife;
~ ~ ~ (E) sword; or
~ ~ ~ (F) spear.
~ ~ (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
~ ~ (11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:
~ ~ ~ (A) opens automatically by pressure applied to a button or other device located on the handle; or
~ ~ ~ (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. ~ (b) It is a defense to prosecution under this section that the actor was, at the time of the commission of the offense:
~ ~ (1) in the actual discharge of his official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
~ ~ (2) on his own premises or premises under his control unless he is an employee or agent of the owner of the premises and his primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event he must comply with Subdivision (5);
~ ~ (3) traveling;
~ ~ (4) engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or was directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;
~ ~ (5) a person who holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if:
~ ~ ~ (A) he is engaged in the performance of his duties as a security officer or traveling to and from his place of assignment;
~ ~ ~ (B) he is wearing a distinctive uniform; and
~ ~ ~ (C) the weapon is in plain view;
So you generally can't carry a sword around except at your house. Too bad.
I agree. While the topic has come up in classes for me, the professor usually doesn't bother trying to contest it. They have to learn the same stuff for the test, like everyone else. If they get a bad grade, it's their problem. I honestly don't see why they'd even bother taking the class if they don't intend to learn the material..
It is interesting how the game Freespace 2 (which is quite good) comes with a provision in its license agreement that specifically allows a copy to be given to a friend. Directly because of this, three friends of mine now have bought original copies. Perhaps more things, including music, should be open to this type of 'free' distribution - apparently it has made the game company more money from my friends and I than they would have gotten had they been more restrictive.
Exactly. I rip all of my cds and listen to them on my computer or whatever, and the cds stay on the shelf safe from harm. I'd like to still have the right to play the music even if the original is stolen, because I completed my part of the bargain - I did not terminate the agreement.
Yup, it's just about the same scenario as this article says is possible. He made it in a rented house, I think. Good book, but the idea's was a little worrisome if not that hard to think up.
How about this one? http://www.sonystyle.com/is-bin/INTERSHOP.enfinity /eCS/Store/en/-/USD/SY_DisplayProductInformation-S tart?ProductSKU=NWE107SILVER/BSTOCK&CategoryName=p a_outlet_PortableAudioPlayersI&DCMP=Froogle&HQS=PA _NWE107SILVER/BSTOCK#