[Tee]

Ok,

After reading this thread, it is obvious some education is needed- on many different levels. Not only regarding the intention of the gun laws as it pertains to CCH, but mostly on the cities powers and it's place in the role of making laws.

Forgive me if I get too elementary but here goes.....

We have three branches of government. One of those branches is responsible for making laws. We call this the legislative branch. The legislative branch exists at different levels; Federal, State and local. At the Federal Legislative level, they decide such items as Constitution issues, Amendments (such as abortion, discrimination and yes, the right to bear arms). AT the state level, they decide such issues as state speed limits, marriage laws and sometimes minor constitutional issues when those powers have been granted to them by the federal level (such as the CCH law). Now we have the local level...They really can't pass laws, they enact ordinances. Things like permits for outdoor bands, firelane locations, and even some local speeding zones, where they are not regulated but the state level, because the local government cannot trump state laws (or add to them). Now, lets realize that where the right to bear arms is granted to us by the constitution, this issue is and can only be decided at the federal and state level. Local interference in this issue would be akin to our commissioners weighing in on abortion by setting additional requirements or stipulations on the abortion laws. Another analogy would be for the local gvt to further define our discrimination laws. In other words, they simply do not have the power to do this. If they did, there would be chaos and no uniformity throughout the states, anywhere. This is why they are precluded from defining state or federal law.

Another misconception I have read on here is that "the city is just furthering their interest by naming exempted locations like the states and the feds did" ( I think that is the way TexKan Put it). Here is why that is incorrect; While the states wrote the law, they took into consideration exempted locations at the federal, state, local and even private level. They further deemed these locations exempt from the requirement of posting no-gun signs. Some examples are post office (federal), Courtrooms (State and Municipal), Schools (state), Police Departments (Municipal), Banks (private), Daycare facilities (private). So..you see, the state did it's homework, covering all levels of government and clearly listing who would be exempted from the notification requirements of posting a no-gun sign. Now....here is the clincher....ya ready? The local government wants to further refine the state law (and in this case a law that grants us certain rights as opposed to limiting our right as most laws do) that is on a constitutional level, no less. And they want to basically force an addendum to that law by further listing items or places that are exempt from the notification requirements set forth by the state law. Basically, what they are saying is that the state must have forgotten a bunch of places that our commissioners, in their infinite wisdom, have realized and that "should have been" in the law.

Hopefully, I haven't lost anyone with this long drawn out post... In short, our commissioners think they are at the same level as our legislators, and further they believe they are the sole vote, the house, and the senate all rolled into one. This speaks volumes to their arrogance and their contempt for the rule of law and due process at higher levels than themselves. They have no power to decide such an issue...an issue that was drafted into law and duly and properly defined and outlined by the state in regards to the exceptions as it pertains to the notification requirement. They can't just simply change or add to the state law with the drop of a gable. It's ludicrous, and it's disgracefull to now see what they think they can get away with!

Well, it is not going to stop here, thank GOD! The states will eventually slap them down, in due time....