A current case

A current case

This is a discussion on A current case within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This is an interesting case I am building a defense for an accused. The question is what would YOU have done. The man is a ...

Page 1 of 4 1234 LastLast
Results 1 to 15 of 48
Like Tree37Likes

Thread: A current case

  1. #1
    Distinguished Member Array oldman45's Avatar
    Join Date
    Mar 2013
    Location
    Louisiana
    Posts
    1,564

    A current case

    This is an interesting case I am building a defense for an accused. The question is what would YOU have done.

    The man is a Louisiana resident and as such can OC legally.

    He goes to TX to buy a new very expensive car. He does not have a concealed weapons permit, never needed one.

    He travels to TX, some 200 miles from his home, to sign the papers on the car and drive it home. He takes his gun out of his car and sticks it in his waist band. He gives the dealership his old car keys and the paperwork (title, registratiom etc) on it. He walks over to look at his new car that is still in make ready. Then he walks with the salesman to the office to sign the papers. Someone sees the gun and calls police. They come out and talk with the man. It is explained why he has the gun. If he puts it in a case, it is concealed and illegal. It he puts it in a sack, it is illegal. If he left it in his old car, it would be gone. If he placed it in the new car, someone in the Make Ready could steal it.
    TX police charge him with illegal carrying of a weapon.

    So what would you do?
    A 9mm might expand but a .45acp never shrinks.

    "The problems we face today are there because the people who work for a living are now outnumbered by those who vote for a living."


  2. #2
    VIP Member Array Badey's Avatar
    Join Date
    Feb 2012
    Location
    Pittsburgh
    Posts
    3,299
    Did he have a permit to carry from a reciprocal state?
    Though defensive violence will always be a sad necessity in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men -St. Augustine

  3. #3
    Distinguished Member
    Array whoppo's Avatar
    Join Date
    Mar 2012
    Location
    Southern Maine
    Posts
    1,342
    Unload the gun and place it in a case, lockable if possible.
    Place the ammunition in a pocket... if the gun is magazine fed, pop the rounds out of the mag.

    When safely back on the road and where legal to do so, reload and enjoy the rest of the ride.
    dukalmighty, oneshot and 357and40 like this.
    ----------------------------------------------------------
    The Second Amendment *IS* Homeland Security
    ----------------------------------------------------------
    --------------------- Μολὼν λαβέ ----------------------
    ----------------------------------------------------------

  4. #4
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    27,876
    What I would have done in the same situation: coming from an OC/CHL state and heading to a CHL state where I did not have non-res CHL coverage and where OC was not lawful ... I would have carried it unloaded in a case for the duration of transitioning at the dealer from car #1 to #2.

    If the details of the situation are clear, then it seems the guy clearly concealed (or openly carried) a firearm on his person without any lawful authority to do so. Legally speaking, what would I do at this point? Suck it up and take the blame for what was my knowing action against the law. What should this guy do, if desiring to debate the point? Lawyer up. He's gonna need it, it seems.
    Eagleks, SmokinFool and nedrgr21 like this.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  5. #5
    VIP Member Array suntzu's Avatar
    Join Date
    Dec 2011
    Location
    TX/NH
    Posts
    5,968
    First of all, this sounds too easy but I would never get myself in the postion. But, since you asked, he should have asked the dealership if they had a locked case he could put it in. I am sure they would have had something. Putting it in his waist band was the dumbest thing to do.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

  6. #6
    Senior Member
    Array StevePVB's Avatar
    Join Date
    Sep 2007
    Location
    Jacksonville, FL
    Posts
    1,131
    Only thing to do is try to negotiate/beg a reduced charge. It is obvious he broke the law -- but more because of not planning ahead than from intent.

    I wonder if it is OK to open carry in Texas if the property owner gives permission. If that is the case, get the dealership to say it was fine with them for him to OC while swapping out cars.

  7. #7
    Distinguished Member Array oldman45's Avatar
    Join Date
    Mar 2013
    Location
    Louisiana
    Posts
    1,564
    Quote Originally Posted by Badey View Post
    Did he have a permit to carry from a reciprocal state?
    Nope
    A 9mm might expand but a .45acp never shrinks.

    "The problems we face today are there because the people who work for a living are now outnumbered by those who vote for a living."

  8. #8
    VIP Member Array LimaCharlie's Avatar
    Join Date
    Mar 2013
    Location
    Oregon
    Posts
    4,155
    If he can afford a very expensive car not available in his local area, he can afford a very expensive attorney. He needs one.

    His choices were:
    1. Leave the gun at home.
    2. Unload the gun and place it in a locked container.
    3. Conceal it better.
    Hopyard likes this.
    I carry a gun, because a Cop is too heavy.

    U.S. Army, Retired
    NRA Patron Life Member.

  9. #9
    Distinguished Member Array oldman45's Avatar
    Join Date
    Mar 2013
    Location
    Louisiana
    Posts
    1,564
    Quote Originally Posted by whoppo View Post
    Unload the gun and place it in a case, lockable if possible.
    Place the ammunition in a pocket... if the gun is magazine fed, pop the rounds out of the mag.

    When safely back on the road and where legal to do so, reload and enjoy the rest of the ride.
    That would have been logical. However, not many do this and it is also illgal to take a gun to and from in such fashion unless entering a motel, residence or other such
    A 9mm might expand but a .45acp never shrinks.

    "The problems we face today are there because the people who work for a living are now outnumbered by those who vote for a living."

  10. #10
    Distinguished Member Array oldman45's Avatar
    Join Date
    Mar 2013
    Location
    Louisiana
    Posts
    1,564
    Quote Originally Posted by ccw9mm View Post
    What I would have done in the same situation: coming from an OC/CHL state and heading to a CHL state where I did not have non-res CHL coverage and where OC was not lawful ... I would have carried it unloaded in a case for the duration of transitioning at the dealer from car #1 to #2.

    If the details of the situation are clear, then it seems the guy clearly concealed a firearm on his person without any lawful authority to do so. Legally speaking, what would I do at this point? Suck it up and take the blame for what was my knowing action against the law. What should this guy do, if desiring to debate the point? Lawyer up. He's gonna need it, it seems.
    He did lawyer up and that his lawyer hired me.
    A 9mm might expand but a .45acp never shrinks.

    "The problems we face today are there because the people who work for a living are now outnumbered by those who vote for a living."

  11. #11
    Member Array cbthedookie's Avatar
    Join Date
    Apr 2013
    Location
    NC
    Posts
    53
    He should have bought a very expensive holster and a very expensive locking box before buying his very expensive car.


    Sent from my iPad using Tapatalk HD

  12. #12
    Distinguished Member Array oldman45's Avatar
    Join Date
    Mar 2013
    Location
    Louisiana
    Posts
    1,564
    However, this goes to show that:

    1. People need to know the laws in the states which they will be travelling. In this case, the man is not a gun person and only carries for self protection.
    2. He did not know he was breaking a law. He never tried to conceal the gun because he did not want to break any laws. Granted, had he stuck it inside his shirt, nobody would have ever seen it and there would not have been anything said.
    3. The police are sometimes not very understanding.
    A 9mm might expand but a .45acp never shrinks.

    "The problems we face today are there because the people who work for a living are now outnumbered by those who vote for a living."

  13. #13
    VIP Member Array LimaCharlie's Avatar
    Join Date
    Mar 2013
    Location
    Oregon
    Posts
    4,155
    When I sold very expensive cars, the make-ready guys got the new car ready while we did the paper-work and signing. They parked it next to the old car and offered to help transfer things from the old car to the new car. There should have been no problems. He did something stupid and got caught.
    I carry a gun, because a Cop is too heavy.

    U.S. Army, Retired
    NRA Patron Life Member.

  14. #14
    VIP Member Array OutWestSystems's Avatar
    Join Date
    Apr 2013
    Location
    Colorado Springs, CO
    Posts
    2,171
    As gun owners we are responsible to know the laws of the states we are in or traveling to. You might not agree with those laws but you do need to follow them. I am guessing he spent a lot of time online and on the phone figuring out exactly what car he was going to buy, he should have spent 5 minutes figuring out the firearm laws.
    carracer and MattInFla like this.

  15. #15
    Distinguished Member Array ErnieNWillis's Avatar
    Join Date
    Mar 2009
    Location
    Willis, TX
    Posts
    1,230
    He should flee to Old Mejico to avoid swift and harsh Texas justice!
    Phaedrus likes this.

Page 1 of 4 1234 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

current case law for open carry

Click on a term to search for related topics.