As many of you know, I am an attorney of two decades experience practicing law in Austin. I have been investigating the events surrounding the gunshow of last weekend where APD and ATF used intimidation tactics to pressure the landlord of the property to cancel future shows at the Crocket Center. The following is what I have learned from my review of the law and speaking to the promoter and an individual that had his private collection confiscated Saturday.
On Tuesday APD attempted to deflect public attention by implying that multiple arrests at the location gave the city grounds to prosecute the landlords for nuisance. I am attaching a copy of the TX nuisance statutes and as anyone who can read can see–they clearly do not apply here.
But what is really ridiculous about such a claim is that if arrests alone constitute grounds for nuisance, then every mall and HEB in the state would be nuisances since arrests for shoplifting occur at these locations constantly.
The Crocket Center is owned by Walmart and leased to HEB, who in turn subleases to another entity which in turn leases it one weekend a month to the gunshow promoter.
The individual who was hassled and had his half dozen firearms seized Saturday was a private citizen there to sell his collection. According to him, APD and/or ATF had a man approach him and offer to buy a gun; the man displayed a Texas Driver’s License to prove he was over 21. The sale was made and later APD officers roughly grabbed the shirt of the seller and marched him outside and accused him of selling to an illegal alien. This apparently is the latest tactic to entrap the unwary citizen in the ATF’s snare. As if anyone could possibly know the immigration or citizenship status of anyone else. Yet ATF seized all his firearms and told him the matter was “under investigation.” This, ladies and gentlemen, is the ‘possible illegal gun sale’ referred to as the reason for HEB to pull the plug on future shows in the Statesman article (attached).
This is only the beginning