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

Terry Holcomb, Second Amendment Activist
Terry Holcomb, Second Amendment Activist

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.

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:

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.

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.

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 action, and we therefore reverse the summary judgment that the trial court rendered in Waller County's favor. We remand the case to the district court with instructions to dismiss the County's suit for lack of subject-matter jurisdiction after holding further proceedings for the limited purpose of awarding Holcomb his court costs, reasonable attorney's fees, other expenses incurred in defending against the action as are equitable and just, and any other relief available under the Citizens Participation Act.

Waller County filed an appeal to the Texas Supreme Court. The Supreme Court denied the petition and ordered Waller County to pay costs to Terry Holcomb.

From scotxblog.com:

WALLER COUNTY, TEXAS v. TERRY HOLCOMB, SR. The Court denied review of the petition on August 31, 2018

From txcourts.gov:

I, BLAKE A. HAWTHORNE, Clerk of the Supreme Court of Texas, do hereby certify that the above is a true and correct copy of the orders of the Supreme Court of Texas in the case numbered and styled as above, as the same appear of record in the minutes of said Court under the date shown.

It is further ordered that petitioner, WALLER COUNTY, TEXAS, pay all costs incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this the 15th day of October, 2018.

The Attorney General, Ken Paxton commended the action by the Supreme Court of Texas. From texasattorneygeneral.gov:

Attorney General Ken Paxton today commended the Texas Supreme Court after it left intact a state appellate court decision that sanctioned Waller County for suing a private citizen who complained that the county was unlawfully banning firearms from its government building.

“Today’s ruling represents a huge win for individual freedom, the First Amendment and the right of citizens to participate in government,” Attorney General Paxton said. “Waller County had to be stopped from using litigation to muzzle someone who simply called on it to stop violating state law. The Supreme Court’s decision should deter other Texas governments from similar conduct.”

Last March, the First Court of Appeals of Texas overturned a Waller County district court’s ruling, concluding that the county lacked jurisdiction to sue Terry Holcomb Sr., and that he had a constitutional right to ask the county in a letter to comply with Texas’ open carry laws – without fear of a retaliatory or meritless lawsuit. The attorney general’s office filed a brief in the case, arguing that it should be dismissed.

According to Terry Holcomb, he and his attorneys have yet to be paid.  The case to determine payment is yet to be on the docket. The wheels of justice turn slowly.

The Texas Appeals Court and Texas Supreme Court found it wrong for a government body to sue a citizen who complained and asked them to follow the law.

It is astonishing that the County Judges and Commissioners Association of Texas attempted to convince the upper courts that a county government could legitimately sue a citizen, simply because they asked the County to follow the law.

Potential tyrants live at every level of government.  Terry Holcomb and patriots like him are needed to keep the tyrants in check.

About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 55 thoughts on “Terry Holcomb, Second Amendment Activist, Prevails against Waller County Tyranny

    1. summation:

      ultimately, waller county officials and the county judges & commissioners association can do as they please on the taxpayer dime & time? no penalties or punishment for the individuals involved? is there a question about the reason(s) for government being perceived as the problem?

    2. Don’t waste time with trolls like Peg. They are here to start arguments and your waste time. Use your time thinking about what we, as armed citizens, are going to do if the gunner grabbers control both Houses of Congress. Many of the young people inheriting our country can’t even decide what sex they are. Do you think they can understand the amendments to the Constitution? Better education is necessary and that doesn’t mean throwing more money at the indoctrination centers we know as public schools. Teach your children about guns, their operation, gun safely and the reason that, we the people, armed for our own safety, are the only thing that keeps the US government from stealing everything we have.

    3. Peg
      First of all, it is NOT for just anyone. Based on your statement, I’m going to conclude that you have never purchased a firearm. There is more to it than walking in and throwing down your money. The ATF get all kinds of information on you.
      If you get through the process of obtaining a firearm and wish to get a CCW or concealed carry permit, there is more information that the ATF plus your local sheriff’s Dept gets from you; on top of training.
      Do yourself a favor and get educated before you make public announcements that if are not correct, make you sound quite silly!

    4. First of all, it is NOT for just anyone. Based on your statement, I’m going to conclude that you have never purchased a firearm. There is more to it than walking in and throwing down your money. The ATF get all kinds of information on you.
      If you get through the process of obtaining a firearm and wish to get a CCW or concealed carry permit, there is more information that the ATF plus your local sheriff’s Dept gets from you; on top of training.
      Do yourself a favor and get educated before you make public announcements that if are not correct, make you sound quite silly!

    5. Well, I see the leftist anti-gun idiotic crowd has invaded ammoland.com to spew their ignorance and hate.
      They SHOULD go back to sniffing Bloomburg, Soros, Obama butts along with the out gassing of other idiotic liberals like Piglosi.

      1. Depends … some of course bring their liberal nonsense with them, others want no part of California Left-Wing attitudes and are more than happy to leave them behind.

    6. This lawsiut was clearly a violation of the right to peacefully petition government for redress of grievances. It looks like Waller County government individuals pursued their course of action with full knowlwdge of and willful disregard for constitutional law. I believe they did so, at least in part, because they feared no personal consequences. As long as people have no skin in the game this nonsense will continue. The county government individuals responsible for this harassment should be terminated, with forfeiture of all benefits, required to reimburse the county (and thus the taxpaying citizens of the county) for all expenses, and the county should enforce legal action for the recovery. Will this happen? Probably not.

      If we truely want to forestall this behavior going forward, wherever it may tend to occur, (think New York, New Jersey, California, etc.,) we will, on a national level, need to instill the concept of personal responsibility into political behavior. This necessarily means rethinking and removing some of the absolute and limited liability statutes and concepts that are bars to the prosecution of government personnel.

      As it stands today far too many government employees, elected or appointed, enjoy a systemic mentality and a legal shield that protects them from the consequences of their own actions, even when those actions are clearly illegal. I’m advocating for some practical limitations on that protection.

      As long as politicians know that no matter what they do they will suffer no personal ill consequence, this kind of behavior will continue.

    7. In one way it is comforting to see that Texas has it’s own tyrannical idiots that try to push their taxpaying bosses around. What I mean it is prevalent in all states. Chalk one up for the good side to have won one. I’m not sure he would have prevailed in all states, though. There must be some real dummies in this county for taking him to task over a letter and the unfortunate part of it is that the taxpayer still has to pay the bill. Immediately dump these posers from their positions and don’t allow them to ever have another taxpayer funded job.

    8. You d***gun worshippers think any laws trying to establish any gun control whatsoever violates your rights. Semi automatics, bump stocks and other such whatnot allowing anybody and their brother to wield a bunch of guns so they can kill or mass murder anybody they feel like is only feeding gun manufacturer’s lust for more money at the expense of violating people’s inalienable right to life. Your stupid lust for guns is heinous and despicable in my opinion. Please stop posting your offensive b.s.

      1. “offensive BS”? If you are so scared of anyone around you having a gun, maybe you should move to Venezuela, Mexico, South Africa… Austraila and England are other places where most folks can’t have guns, and don’t forgt France….

        THIS nation was founded upon the principle that the “security of a free state” (civil society) rests upon the shoulders of her citiezens, who therefore HAVE the right to arms for any lawful purpose. And simple ownership IS such a lawful puroose. Don’t like it, go somewhere where they do things the way YOU like it. I’m certain quite a few folks in Nazi Germany enjoyed the security that came along with knowing their neighbours could not have guns……

        One more thing you might conside,r though I doubt you will: There are, in the USA, some 120 MILLION people who own at least one gun, and collectivel we own some FOUR HUNDRED MILLION of them. The annual average these days is only about 11,000 unlawful deaths caused by firearms. So, in terms of percentages, that translates into the fact that only 00.00275% of the guns in private hands are used to unjustifiably kill someone
        NOW, don’t forget that somewhere between two and three MILLION times per year one of we 120 MILLION gun owners use one of our 400 million guns to PREVENT VIOLENT CRIME, most of those times without even pulling the trigger.

        So your complaint, then, was…. precisely WHAT, now?

        Go and find the numbers (hint, the US CDC has some numbers, if you can trust government statistics) for how many are killed in the US each year with cars, prescriptioin drugs taken as prescribed, hospitals.medical errors, hammers and clubs and bats, bare hands and feet, alcohol, illegal drug overdose (last number I saw on that one was 70,000 per year…. six times the number dead because of a gun).

        Take your whinge and shove off.

        1. @Tio, She is obviously a paid propagandist. She does not know a semi automatic, from a bump stock, from an “other such whatnot”. By the way, Midway is having a really big sale on “other such whatnots” … really big sale.

        2. A point i know you are aware of but i know peg is not is those 11000 unlawful deaths the majority of about 8000 are committed by gang members/drug dealers with stolen guns while dealing drugs and committing gang violence.

      2. Peg, where in the 2A does it state that our rights shall be infringed? I seem to recall reading where the 2A states “shall not be infringed”. “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

        And if you bring out that meritless argument about “a well regulated (sic) militia” meaning that government can “regulate” it with laws, you are horribly misinformed as to what our founding fathers beliefs were. There are numerous online sources where you can read the Federalist Papers that will clearly explain their ideas on government and our inalienable rights. They clearly did not believe government should regulate a right they believed to be inalienable. They even stated that even without a stated RKBA, that being that it’s a natural right, we would still have that right.

        Anybody breaking the law is subject to the penalties provided by that law. Owning and possessing firearms is not, in and of itself, a violation of law. No one is “allowed” to wield a bunch of firearms with the intent to do criminal harm, including mass-murder. Intent to criminally harm or murder is illegal, as is the actual crime.

        As for me, I don’t lust for guns, I currently have all the firearms I want. I might decide to get more in the future, but, like your right to post here, I am “allowed”, rather our rights are *guaranteed* by our Constitution.

        My wife does not like firearms, but she understands that I will do whatever is necessary to keep her and our daughter safe. A relative, now a former LEO, told me it was up to me to keep my family safe, not him and not LE; that they usually get there only in time to take reports.

        I believe you wandered away from your safe space when you visited this site. We, here, are pro-rights. Most of us are firearm owners and do not support anyone or any bills or laws that seek to deprive us of our Constitutionally protected rights. We are active in numerous rights groups, vote, and contact our representatives. We also like to shoot and do it frequently to keep our skills well-honed. We also CC so you can wet yourself while you are out in public not knowing which of us or your neighbors are carrying any of those feared firearms.

      3. First of all, it is NOT for just anyone. Based on your statement, I’m going to conclude that you have never purchased a firearm. There is more to it than walking in and throwing down your money. The ATF get all kinds of information on you.
        If you get through the process of obtaining a firearm and wish to get a CCW or concealed carry permit, there is more information that the ATF plus your local sheriff’s Dept gets from you; on top of training.
        Do yourself a favor and get educated before you make public announcements that if are not correct, make you sound quite silly!

      4. Your “other such whatnot” remark proves you know nothing about firearms or the constitution. Our rights DO NOT END where your feelings begin, Peg, so sit down and shut up.

      5. You do realize once you ban guns all those nuts will just use something else. Lots of things can go boom from a gallon of gas which has the power of 20 sticks of dynamite to propane tanks to lithium batteries. Not to mention knives and just plan ol’ mowing people down with a van.

        The issue is society. The issue is people. What is causing this anger. We have had guns for a long time why the increase in shootings now? (That just happens to coincide with a global UN backed agenda to ban small arms. Hmmm interesting. Anyway…) Is it mind altering prescription drugs? Is it economic? How does a piece of paper stop a mad man (excuse me mad PERSON) anyway? How many of your anti gun zones have worked to stop a shooting? Banning everything trying to stop it won’t work.

        And if you want to stop a nut with a gun or anything else I mentioned you’ll need a gun this is why police carry guns! If guns didn’t work police wouldn’t carry them.

        So save me your liberal song and dance. You want gun banned period and you think somehow that will make evil go away and unfortunately history proves otherwise. When you take guns away evil flourishes.

      6. Our rights to guns and yours are a god given right and choice to purchase and have on hand in case a tyrannical government such as tge one in waller county can be over thrown when all legal routes have been exhausted. When the constitution was written America, a new nation had just overthrown a tyrannical government by using armed citizens using military style weapons defeating the largest most well armed forces in the world at the time. They underatood the need for guns in the hands of ita citizens.
        You think guns are the enemy and the most violent weapon on this planet and want them banned because you cant grasp the idea that ita not guns that kill more people than knives, baseball bats, fists and automobiles. The #1 killer of US Citizens are doctors who kill millions of babies every year legally. Gun free zones and laws taking guns from law abiding citizens only endanger more innocent people from criminals who dont care about the laws they are breaking and couls care less about the lives they are willimg to take or anyone that geta in their way of accomplishing killing who ever they are after or robbing whoever they are robbing, raping or abducting. It’s really sad that the same people like you that opposes armed citizens have no problem with calling a citizen with a gun that just so happens to work for the government to take care of any threat toward you or your loved ones that reapond within 30 plus minutes when you yourself if armed coild atop this threat within a few seconds causing the criminal to not do as much damage as they could waiting on an armed government employeee.
        I promise if and when the time comes that an armed civilian stops a threat to you or your family (god forbid that you or your family ever have to go through that), you will give thanks to that 1 armed citizen who saved yalls lives.
        You.will be so thankful that you didnt have to wait a minimum of 30 minutes on an armed citizen with a badge to arrive to mark where many people may have just been killed by a criminal that had no concern or respect for the law.

      7. Obviously you do not understand that there are over 600 million firearms in the United States in private hands. In your little mind figure it out if we were so dangerous why aren’t millions dying each year. You have been brainwashed by your liberal masters.

      8. Peg you are still alive aren’t you ? You are so uninformed . Stick to something that you have more knowledge about or do your research and then your comments will not sound so stupid . The majority of gun owners are law abiding citizens & are not “mass murders“ . They/we have a right to own firearms and defend ourselfs & our Family You and others like you will not change that .But the least you can do is become knowledgeable on this subject or refrain from commenting.

    9. It’s about to get really REAL! The new AG hopeful ans D Feinstein ( You ALL KNOW HER!) he said he believes in a Nationwide EED FLAG LAW! which D Feinstein really loved! Barry also in his past believed in gun/magazine bans! So Barr is ANTI-2ND! he also stated he WOULDNT interfere in MJ legal states! So the possible new AG is ANTI-2ND & PRO DRUG so shits about to get INTERSTING!

    10. Thank you Terry Holcombe.
      It seems many do not realize that laws are only worthwhile when they are enforced.
      This kind of activity by that county makes me wonder what the people in charge of carrying out our laws actually think of the individual citizen. A sad and scarry commentary on these county officials.

      1. I add my thanks as well. As a Texas Citizen (capitals intended) I appreciate the time and effort that you have put into this lawsuit, as well as all money you have spent to carry it forward. Thank you, Sir! You are the embodiment of the Spirit of Texas!

        Phil in TX

    11. It would seem that some sort of punitive damages are due, as well as personal liability from the County suing him! Isn’t malfeasance a crime too in Texas?

      1. It wasn’t mentioned, but Mr Holcomb, you now have the ability, notonly to get your fees and costs, but that order was in October, you can now charge interest as well. As well, once called upon and duly served to said party, can also been property AND garnish income, just saying. I WOULD SEEK ALL OF THE ABOVE.

    12. Way to go we need more people like you. A lot government people just want to harass citizens hoping they’ll go away. Thank you for standing your ground.

    13. I have a friend, who was a former Police Sergeant, once tell me, “The wheels of justice turn slowly, but they do turn!”

    14. M you can not be more wrong! Stopping government tyranny at all levels, regardless of “issue”, is essential to a free, self determining society. If a government can sue a citizen into silence, preventing freedom of speech, is a clear violation of both the 1st and 3rd amendments. If they can do that, what is to stop them from suing YOU for belonging to the NRA or GOA or whatever organization, or for writing a comment on this article?

    15. I’m sorry Mr. Holcomb needed to fight this fight, but we all owe him a great deal of gratitude for standing for what’s right … despite great personal expense.

      I’m not sure what’s more astonishing, that Waller County sued Mr. Holcomb in the first place, or that he lost the first trial.

      Winning in court and having all of his attorney fees paid is not even half of it. Mr. Holcomb gave up two years of his life to win this fight. It likely consumed much of his thoughts and time for two years, and probably kept him awake many a nights too.

      THANK YOU MR. HOLCOMB !! Thank you for doing the right thing and for helping to ensure future generation’s liberty will be a more secure because of your efforts.

      1. I second this comment! I wish I could say it in m own words but I am literally speechless over the fact that these people thought they could get away with this. …one caveat is I think there needs to be MORE then just attorneys fees payed out here, and these people need to be paying them from there own pockets, otherwise there is no lesson learned. They also need to be stripped of power and banned from holding public office & Tarred and feathered. This includes the lower court judge that was obviously in cahoots with these scum bags.

      2. Not surprised at all the local two bit kangaroo court found in favour of their owners. Most folks won’t bite the hand that feeds them, nor bite the hands next them at the pubic trough. These guys were probably all having a great laugh on “that dumb _________ Mr. Holcomb” (fill in blank with referred pejorative, printable or otherwise) for having the unmitigated gall to actually WRITE US A LETTER to complain about how bad we are…. well, I guess HE got put in his proper place. Too bad neckties are so out of fashion these days…… da NOIVE a dat guy……..

        Next step would be personal iiability suits against the individuals who came after Mr. Holcomb for their egregious violation of law…… go after their personal bonds for malfeasance.

    16. Stop wasting our time with these nonsense issues that have nothing to do with 2A rights, it makes the real advocates look stupid. That asinine conclusion isn’t even related to the story and makes Weingarten look like a bleating fool of a snowflake.

        1. Possibly you need to expand your definition of what tyrant means?

          “Cruel, unreasonable or arbitrary use or control of power”.

      1. It most certainly had to do with 2A rights, i.e. the right to carry. Maybe you should get more familiar with the case before commenting.

      2. I’m not sure which article you are referring to.
        How is getting sued by your government over trying to tell them to obey the law and allow legal carry on government property NOT a 2A issue?

      3. No says: Is that a “no” in your name because it means “no way should anyone ever take what I say seriously” or is it “no, I really don’t have enough common sense to say anything worthwhile so I’ll just come on here and annoy everyone by being a troll”?

        You all will note that this is, to my knowledge, the first time this particular village idiot has appeared. Just another troll.

      4. ALL of our rights are not to be taken lightly, and these local county hooh hahs despised the temerity of this man to dare attempt to hold them accountable for their violatioin of the law. Which if YOUR rights are YOU willing to forsake for a little comfort and ease? The one says you are entitled to a jury trial? Maybe the one says you can demand redress of grievance of government when they are wrong? Maybe the right to present your own witnesses to testify in your behaviour? How about the right to be secure in your house? Or that your stuff and papers are secure against taking by government? That they can’t come in to your house without a warrant and search the place? You certainly are exercising your right to speak your mind, but how aobut your right to NOT speak when that copper has themblue blinking lights flasshing in your rear view mirror?

        Come on, WHICH of yur rights are you willing to throw away today?

        They are ALL interchangeable, the denial of one is the denial of them all. Until you get that straight, you won’t have any.

    17. .CJ & CA, what negative impact? see if you can elaborate in plain english sentences, 10-words or less
      .fees should be pulled out of the offender wallets (not the taxpayer), and on a specified date or else
      .maybe anti-2a goober-ment types will take a lesson, but i doubt it

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