Open Carry rifle incident in TX

Open Carry rifle incident in TX

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Thread: Open Carry rifle incident in TX

  1. #1
    Senior Member Array NECCdude's Avatar
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  2. #2
    VIP Member Array OutWestSystems's Avatar
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    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.
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  3. #3
    Senior Member Array NECCdude's Avatar
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    Quote Originally Posted by OutWestSystems View Post
    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.
    From my understanding they were charged with disorderly conduct, not a weapons violation.

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    VIP Member Array OutWestSystems's Avatar
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    Quote Originally Posted by NECCdude View Post
    From my understanding they were charged with disorderly conduct, not a weapons violation.
    The section of TX Penal Code I posted was from "Sec. 42.01. DISORDERLY CONDUCT."

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    Senior Member Array NECCdude's Avatar
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    Quote Originally Posted by OutWestSystems View Post
    The section of TX Penal Code I posted was from "Sec. 42.01. DISORDERLY CONDUCT."
    Heh, one has to be a freaking lawyer to stay out of trouble. Anyway, my guess is that they will be acquitted. It looked like they were complying with TX law on OC and it looked like the rifles were simply propped up against the tables and they weren't waving them around or brandishing or doing anything illegal. I think that the police were just upset that they wouldn't give up the 4th amendment rights.
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  6. #6
    Distinguished Member Array oldman45's Avatar
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    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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    Senior Member Array NECCdude's Avatar
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    Quote Originally Posted by oldman45 View Post
    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
    I was under the impression that it is legal to OC a long rifle in TX but not handguns.
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    Quote Originally Posted by oldman45 View Post
    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
    Open carrying a long gun is legal in Texas.

    Story and video here:
    Men Behind ?Open Carry? Demonstration in Texas Charged with Crimes Even Though What They Did Wasn?t Illegal ? Here?s How Police Are Justifying It | Video | TheBlaze.com
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  9. #9
    VIP Member Array Snub44's Avatar
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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...

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    VIP Member Array Snub44's Avatar
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    ...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...





  11. #11
    VIP Member Array nedrgr21's Avatar
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    "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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    Senior Member Array NECCdude's Avatar
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    Quote Originally Posted by Snub44 View Post
    ...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...
    That certainly is subjective.
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    VIP Member Array Aceoky's Avatar
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    Quote Originally Posted by nedrgr21 View Post
    "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.
    Well, sure you "can be charged" but proving beyond reasonable doubt to a judge and /or jury is another matter entirely , I'd think LEO would be more prudent in making such decisions and bet they ARE in most cases in TX

  14. #14
    VIP Member Array Snub44's Avatar
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    ...the precise wording of the law is no accident...
    Quote Originally Posted by NECCdude View Post
    That certainly is subjective.
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    Quote Originally Posted by Snub44 View Post
    ...the precise wording of the law is no accident...
    You give our legislature too much credit.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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