Comments for Murphy's Law Blog http://kevinmurphylaw.com/blog Murphy's Law: When it happens, call us. Mon, 01 Mar 2010 01:18:55 -0800 http://wordpress.org/?v=2.9.1 hourly 1 Comment on Lawyers and Guns and Pearland Schools by Tom Glass http://kevinmurphylaw.com/blog/2010/02/28/lawyers-and-guns-and-pearland-schools/comment-page-1/#comment-4980 Tom Glass Mon, 01 Mar 2010 01:18:55 +0000 http://kevinmurphylaw.com/blog/?p=64#comment-4980 The federal law you cite is unconstitutional in two ways. First, Article I, Section 8's commerce clause cannot be stretched this far. A law like this has already been struck down under U.S. v Lopez, and this law is not significantly different than that struck down. Firearms possession has nothing to do with regulation of commerce among the states. Second, this federal law is a violation of the Second Amendment's right to bear arms. The state statute is still a violation of the Second Amendment and the Texas constitutional provision protecting the right to bear arms. (This assumes that the Supreme Court will soon properly recognize that the Second Amendment applies to the states via the Fourteenth Amendment.) Practically, schools are defenseless victim zones now. Crazies and terrorists know they can go to a school and get no significant resistance. After terrorist attacks against their schools, Isrealis put a practical stop to it by allowing adults at schools to be armed. For the life of me, I do not know why we leave our children and faculty and staff at schools as sitting ducks for whatever crazies or terrorists may choose to attack them. The federal law you cite is unconstitutional in two ways. First, Article I, Section 8’s commerce clause cannot be stretched this far. A law like this has already been struck down under U.S. v Lopez, and this law is not significantly different than that struck down. Firearms possession has nothing to do with regulation of commerce among the states.

Second, this federal law is a violation of the Second Amendment’s right to bear arms.

The state statute is still a violation of the Second Amendment and the Texas constitutional provision protecting the right to bear arms. (This assumes that the Supreme Court will soon properly recognize that the Second Amendment applies to the states via the Fourteenth Amendment.)

Practically, schools are defenseless victim zones now. Crazies and terrorists know they can go to a school and get no significant resistance.

After terrorist attacks against their schools, Isrealis put a practical stop to it by allowing adults at schools to be armed.

For the life of me, I do not know why we leave our children and faculty and staff at schools as sitting ducks for whatever crazies or terrorists may choose to attack them.

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Comment on Lawyers and Guns and Pearland Schools by PISD mom http://kevinmurphylaw.com/blog/2010/02/28/lawyers-and-guns-and-pearland-schools/comment-page-1/#comment-4979 PISD mom Mon, 01 Mar 2010 00:31:38 +0000 http://kevinmurphylaw.com/blog/?p=64#comment-4979 Was it loaded? Was it loaded?

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Comment on Merry Christmas…Legal Issues to Consider by Israel http://kevinmurphylaw.com/blog/2008/12/24/merry-christmaslegal-issues-to-consider/comment-page-1/#comment-4327 Israel Wed, 16 Dec 2009 21:32:48 +0000 http://kevinmurphylaw.com/blog/2008/12/24/merry-christmaslegal-issues-to-consider/#comment-4327 This will make it onto O'Connors I'm sure :P Merry Christmas!! This will make it onto O’Connors I’m sure :P Merry Christmas!!

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Comment on Relief from Onerous Indemnification Clauses? by Car Insurance Guy http://kevinmurphylaw.com/blog/2009/05/25/relief-from-onerous-indemnification-clauses/comment-page-1/#comment-4210 Car Insurance Guy Wed, 11 Nov 2009 10:18:50 +0000 http://kevinmurphylaw.com/blog/2009/05/25/relief-from-onerous-indemnification-clauses/#comment-4210 Ah!!! at last I found what I was looking for. Somtimes it takes so much effort to find even tiny useful piece of information. Nice post. Thanks Ah!!! at last I found what I was looking for. Somtimes it takes so much effort to find even tiny useful piece of information.
Nice post. Thanks

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Comment on TOP 5 mistakes in Estate Planning and Probate by hotspot shield http://kevinmurphylaw.com/blog/2009/08/17/top-5-mistakes-in-estate-planning-and-probate/comment-page-1/#comment-4206 hotspot shield Fri, 06 Nov 2009 02:05:14 +0000 http://kevinmurphylaw.com/blog/2009/08/17/top-5-mistakes-in-estate-planning-and-probate/#comment-4206 Thank you very much for that superb article Thank you very much for that superb article

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Comment on Why Guardianship? by Murphy’s Law Blog » Blog Archive » TOP 5 mistakes in Estate Planning and Probate http://kevinmurphylaw.com/blog/2009/06/16/why-guardianship/comment-page-1/#comment-3496 Murphy’s Law Blog » Blog Archive » TOP 5 mistakes in Estate Planning and Probate Tue, 18 Aug 2009 00:54:58 +0000 http://kevinmurphylaw.com/blog/2009/06/16/why-guardianship/#comment-3496 [...] Murphy’s Law Blog Murphy’s Law: When happens, call us. « Why Guardianship? [...] [...] Murphy’s Law Blog Murphy’s Law: When happens, call us. « Why Guardianship? [...]

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Comment on Burglary by Administrator http://kevinmurphylaw.com/blog/2008/07/18/burglary/comment-page-1/#comment-6 Administrator Sat, 19 Jul 2008 10:52:20 +0000 http://kevinmurphylaw.com/blog/2008/07/18/burglary/#comment-6 I love that at common law this could not be called burglary: "The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not." It occurred between 11 am and 12:45. I'm also not sure that we could prove intent=don't we usually just assume. I guess we should all be grateful for the Model Penal Code. I love that at common law this could not be called burglary: “The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not.”
It occurred between 11 am and 12:45. I’m also not sure that we could prove intent=don’t we usually just assume. I guess we should all be grateful for the Model Penal Code.

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Comment on Burglary by Israel http://kevinmurphylaw.com/blog/2008/07/18/burglary/comment-page-1/#comment-5 Israel Fri, 18 Jul 2008 15:45:17 +0000 http://kevinmurphylaw.com/blog/2008/07/18/burglary/#comment-5 Sorry to hear about the burglary Kevin! I wonder if it was really their intent to commit a felony therein though...just a lil humor :) You know that sounds like a unique guitar, I would keep an eye on craigslist to see if any "eerily familiar" guitars pop up for sale! Keep up the good work and see you when I'm in Houston! Sorry to hear about the burglary Kevin! I wonder if it was really their intent to commit a felony therein though…just a lil humor :) You know that sounds like a unique guitar, I would keep an eye on craigslist to see if any “eerily familiar” guitars pop up for sale! Keep up the good work and see you when I’m in Houston!

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Comment on Burglary by Alan B http://kevinmurphylaw.com/blog/2008/07/18/burglary/comment-page-1/#comment-4 Alan B Fri, 18 Jul 2008 15:19:13 +0000 http://kevinmurphylaw.com/blog/2008/07/18/burglary/#comment-4 Ouch! I heard about the laptop, but not the Telecaster! Man, that _hurts_! Ouch! I heard about the laptop, but not the Telecaster! Man, that _hurts_!

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Comment on Burglary by Roland Bernier http://kevinmurphylaw.com/blog/2008/07/18/burglary/comment-page-1/#comment-3 Roland Bernier Fri, 18 Jul 2008 12:37:45 +0000 http://kevinmurphylaw.com/blog/2008/07/18/burglary/#comment-3 Welcome to the Blogosphere, Murph! Sorry to hear about your guitar. Let's hope that you're able to get it back. With respect believing in the system, I choose a slightly different view than the one you express. I believe in the ideas behind the formation of our system, and the strength of my faith in the system depends upon how well it adheres to those principles. I believe in the principle that every defendant charged with a criminal offense deserves counsel; I believe that "all men are created equal," and that no just system parses out different rights to people based on arbitrarily drawn categories; I believe in the rule of law over the rule of Kings or Oligarchs; And to the extent that the system drifts from these (and other dear) values, I believe it is my duty to do what I can to help set it right. Finally, I believe that this is your blog, Murphy, not mine, and that it is time for me to shut up. :) I look forward to reading your posts. Roland Bernier Welcome to the Blogosphere, Murph! Sorry to hear about your guitar. Let’s hope that you’re able to get it back.

With respect believing in the system, I choose a slightly different view than the one you express. I believe in the ideas behind the formation of our system, and the strength of my faith in the system depends upon how well it adheres to those principles.

I believe in the principle that every defendant charged with a criminal offense deserves counsel;

I believe that “all men are created equal,” and that no just system parses out different rights to people based on arbitrarily drawn categories;

I believe in the rule of law over the rule of Kings or Oligarchs;

And to the extent that the system drifts from these (and other dear) values, I believe it is my duty to do what I can to help set it right.

Finally, I believe that this is your blog, Murphy, not mine, and that it is time for me to shut up. :)

I look forward to reading your posts.

Roland Bernier

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