Terry Holcomb, Second Amendment Activist, Prevails against Waller County Tyranny

AmmoLand.com | 1/15/2019 | Dean Weingarten
fofo (Posted by) Level 3
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Arizona -(Ammoland.com)- –In August of 2016, Terry Holcomb, a Second Amendment activist, wrote a letter to Waller County, Texas. The letter asked Waller County to stop breaking the law, according to what had been passed in the 2015 legislature. Some county officials disagreed with the Texas Attorney General, on what the law meant.

So Waller County sued the Second Amendment activist, in an attempt to undercut the Attorney General. This was a direct violation of Texas Law, the Texas Constitution, and the First Amendment of the United States Constitution.

Government - Entity - Citizen - Entity - Law

A Government entity cannot sue a citizen merely for complaining against it and asking the entity to follow the law.

The case has been in the courts for over two years. The Second Amendment activist has been vindicated. He has not yet been paid the attorney fees and costs he is due. Here is the timeline:

Day - November - Judge - Albert - M

On the 28th day of November 2016, Judge Albert M. McCaig, Jr. found for Waller County.

Terry Holcomb filed for an extension to appeal to the Texas Court of Appeals in Houston on 21 November 2017.

January - County - Judges - Commissioners - Association

On 5 January 2018, the County Judges and Commissioners Association of Texas issued an amicus brief to the appeals court, contending that Waller County had every right to sue Holcomb, and the appeals court should rule against him. From txcourts.gov:

The County Judges and Commissioners Association of Texas seeks to avoid the negative impact that will result if the district court decision is reversed. Accordingly, the County Judges and Commissioners Association of Texas has paid all fees and expenses associated with the preparation of this brief.

March - Court - Appeals - Terry - Holcomb

On 15 March 2018, the Court of Appeals found for Terry Holcomb. They found there was no standing to sue Holcomb because Holcomb did nothing wrong. He merely complained. From caselaw.findlaw.com:

The trial court lacked subject-matter jurisdiction to hear Waller County's declaratory-judgment...
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