This is a discussion on Open Carry rifle incident in TX within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; https://www.facebook.com/photo.php?f...&type=1&ref=nf...
Guessing this is the reason for the charge;
"(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;"
So now the DA has to prove that.
TX does not allow OC so Disturbing the Peace would be an accurate charge in this incident. The officer actually helped the guy out by not putting a weapons charge on the guy. Had he done so, the man would have a difficult time buying another firearm or keeping his permit.
ANy time a weapon is displayed in public while in TX will more likely than not, draw the attention of others and ultimately the police
A 9mm might expand but a .45acp never shrinks.
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...Texas law does not address open carry of a long gun...or vehicle carry of a long gun...it is totally legal to carry a long gun in public, as long as it's not done "in a manner calculated to alarm," as OutWestSystems posted...
...Tx does not allow OC of a HANDGUN. That IS addressed in the law.
...we don't have a "Disturbing the peace" law...ours is the "Disorderly conduct" posted above, and it deals not with the presence of the long gun, but with the manner it is handled/carried, and the demeanor of the one carrying it...
...thanks for posting that for the few of us who don't do Facebook!!!
...the Blaze article is wrong in that whether a rifle is unloaded or not has nothing to do with legally carrying it...nothing in the law either way...
...the San Antonio Chief of Police is INTERPRETING the law in the article...it doesn't say what he says it means...the law deals with the actions and demeanor of the carrier ("...in a manner calculated to alarm..." not the reaction of the public...)
...maybe the judge will just read the law and rule on what it says instead of his OPINION...
"But San Antonio police Chief William McManus told KENS-TV that gun owners can still be charged with disorderly conduct if anyone feels threatened at any point during a demonstration."
You do not have the right to not be offended or to not be uncomfortable.
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