“The right of the people to keep & bear arms shall not be infringed” – I will fight to protect our Second Amendment Rights in Austin, and I won’t infringe your Fourth Amendment protections to placate the fears and feelings of the liberal anti-gun rights fringe.
Today I call on my opponent to rescind his Unconstitutional position:
FOR IMMEDIATE RELEASE
April 9th, 2018
Beebe Calls On Allison to Rescind His Unconstitutional Stance on Gun Rights
(San Antonio, TX) On Thursday Matt Beebe called upon his opponent, Steve Allison, to rescind his statement advocating for unconstitutional actions that infringe upon Texas citizen’s 4th Amendment and 2nd Amendment rights.
Last week the San Antonio Express News published an article where Mr. Allison took the position that any citizen should be subject to being stopped and lawfully detained if they are open carrying a firearm (a lawful exercise of their 2nd Amendment rights), and be required to produce identification:
Allison, a longtime friend of Straus, believes police have a right to order anyone who is openly carrying a gun in public to produce a license for the firearm.
“I do think (police) have a right to see a license where there’s a weapon involved,” said Allison.
Beyond the plain reading of the Constitution, there are volumes of court decisions over the last 50 years since Terry v Ohio that have consistently maintained that to “allow stops in this setting would effectively eliminate Fourth Amendment protections for lawfully armed persons.” This is unacceptable.
Perpetuating this basic misunderstanding of the Constitution directly endangers lawful citizens by misleading local law enforcement, which continues to lead to tragic outcomes across the country and locally. Short of physical harm to citizens from untrained law enforcement, local taxpayers are at risk of huge monetary judgements against government entities which violate the Constitutional rights of citizens, as has been shown in Northrup v Ohio (a case extremely similar to the circumstances wherein Mr Allison seeks to abridge our Constitutional protections).
Matt Beebe commented on Allison’s statement saying, “fear and feelings should not drive our public policy decisions — especially when it comes to restricting individual rights specifically enumerated in the Constitution. I’m not willing to trade our 4th Amendment rights just to make some people more comfortable with the lawful exercise of our 2nd Amendment rights. There is a reason that the local cities have recently rescinded their unlawful ordinances and I would encourage all local law enforcement officials to know that just because Mr. Allison says you can violate someone’s 4th Amendment rights doesn’t mean you can. I hope Steve will rescind his unconstitutional position.”