Man who carried AR-15 on his back inside mall says charges not warranted

This is a discussion on Man who carried AR-15 on his back inside mall says charges not warranted within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Man carrying gun on his back in mall is charged with a crime I dunno. Why ask for trouble?...

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Thread: Man who carried AR-15 on his back inside mall says charges not warranted

  1. #1
    VIP Member Array ExactlyMyPoint's Avatar
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    Man who carried AR-15 on his back inside mall says charges not warranted

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    VIP Member Array Ksgunner's Avatar
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    Member Array globetruck's Avatar
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    Just because you can doesn't mean that you should. Regardless of legality, open carrying an AR inside a mall breaks a social norm. OC the same gun out in the woods or near a range, and nobody would care.

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    Member Array oppi27's Avatar
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    I agree. That's just dumb

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    VIP Member Array Badey's Avatar
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    I'm curious if people dressed in traditional Middle Eastern apparel were arrested for inciting panic after 9/11. After all, they should know that lots of people were afraid of Muslims because of the attack. They shouldn't have rocked the boat; why didn't they just dress like everyone else?



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    VIP Member Array ccw9mm's Avatar
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    Appears to have been in southeast Texas (Beaumont), where the only OC lawfully allowable is a rifle, and about the only manner of carrying it in a clearly non-threatening manner is the way shown in that photo.

    According to police he was charged with "disorderly conduct because he displayed a firearm "In a manner calculated to alarm." It'll be interesting to hear them attempt to identify a manner of carrying that wouldn't be "calculated" (likely?) to alarm some. It's not as though gripped in both hands before him would be taken as anything but deploying the weapon. Slung over the shoulder or back can hardly be construed to be deploying it, not even by the most knee-jerk of "authorities."

    To me, this charge is simply a variant of the GATTTOTP statutes. They're too darned vague to be supportable, when simply going about a normal and customary manner of carry. IMO, such situations should be taken as such, so long as it's lawful and the person is clearly not acting in a threatening manner in any way.
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    VIP Member Array Harryball's Avatar
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    No defensive use for this fire arm with his hands full and all. IMO I think the charges will be dropped, but still a silly thing to do.....
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    Senior Member Array Chad0724's Avatar
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    he was asking for it.. I wish they did an open carry walk here in colorado though that sounds interesting!
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    VIP Member Array BugDude's Avatar
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    While not the smartest action, and one that most would reasonably anticipate a negative result (albeit public perception, police hassle, etc.) I find it hard to believe he would be convicted of "disorderly conduct because he displayed a firearm in a manner calculated to alarm." Carrying it on his back facing barrel down and his hands not even on the gun hardly seems disorderly or a manner calculated to alarm. Now, if it were on his front with his hand on the grip and other hand on the forward stock, perhaps. In any event, do something to get attention and don't be surprised when you get it.
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by cbirchem0724 View Post
    he was asking for it.. I wish they did an open carry walk here in colorado though that sounds interesting!
    I'm sure he wasn't asking to be arrested. Though, I'm sure he imagined some knee-jerk types would indeed be likely to call police for what they didn't like about the lawful carry they witnessed. It takes all sorts.
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    Senior Member Array flintlock62's Avatar
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    Actually, I wish people like him would stop doing that. It's hard enough with all the anti-gunners looking for any excuse to ban us from everything.
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    VIP Member Array 40Bob's Avatar
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    Quote Originally Posted by Badey View Post
    I'm curious if people dressed in traditional Middle Eastern apparel were arrested for inciting panic after 9/11. After all, they should know that lots of people were afraid of Muslims because of the attack. They shouldn't have rocked the boat; why didn't they just dress like everyone else?
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    Well, before I retired I was a Federal Agent, one that was tasking with hunting these folks down. I flew a lot commercially for several years. I always flew armed (concealed). One such flight was laying over in MSP and a well known group of these people were trying to make a statement so they were dressed as you describe sitting in a group of 8 or 9 waiting to board. While waiting they were playing middle eastern music real load and shouting "ALLAH AKBAR" randomly. This was only done to panic the people in the area, and there was no real threat. So, I walking amongst them and attempted to communicate with them in the only Arabic I knew. I went up to the Imam and started talking Dirka, dirka, mohamed jihad. Sherpa, sherpa bakalot. I then walked around the rest of them saying that over and over and giving them the stink eye.

    When we got on the plane, I spoke with the captain, he was in tears. He had watched the entire thing and he said the looks they were giving me behind my back was priceless. So they moved my seat so i could sit closer to them on the plane.

    I am not always an A-hole but it does come easy to me.


    To the original post. That dude is not smart enough to own an AR. Anyone that tells me that taking an AR to the mall in the US is acceptable needs to pull their head out and take a deep breath.
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    VIP Member Array 1MoreGoodGuy's Avatar
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    Quote Originally Posted by ExactlyMyPoint View Post
    Openly carrying a long gun in Texas is not illegal and is not asking for trouble. The man was acting within the confines of the law. It seems to have only become "trouble" when the police claimed that the mere presence of the man's legally open carried long gun somehow amounts to "disorderly conduct" when the man was only going about his business while legally armed. The firearm was not being displayed "in a manner calculated to alarm"…that phrase means that he purposely displayed it with the specific intent to frighten a person or persons.
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    VIP Member Array StormRhydr's Avatar
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    His case is one Id like to have. I believe, depending on the statutes, that he can win that case.

    A right not exercised is a right lost. I think CC actually has hurt the gun rights issue.

    People dont know that they are around good people with guns all the time, as they are concealed. That leaves only images of BGs, psycho killers, and LE as those with guns, and most good folks dont want contact with any of those groups.
    Badey, Ghost1958, JJVP and 1 others like this.

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    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by 40Bob View Post
    Well, before I retired I was a Federal Agent, one that was tasking with hunting these folks down. I flew a lot commercially for several years. I always flew armed (concealed). One such flight was laying over in MSP and a well known group of these people were trying to make a statement so they were dressed as you describe sitting in a group of 8 or 9 waiting to board. While waiting they were playing middle eastern music real load and shouting "ALLAH AKBAR" randomly. This was only done to panic the people in the area, and there was no real threat. So, I walking amongst them and attempted to communicate with them in the only Arabic I knew. I went up to the Imam and started talking Dirka, dirka, mohamed jihad. Sherpa, sherpa bakalot. I then walked around the rest of them saying that over and over and giving them the stink eye.

    When we got on the plane, I spoke with the captain, he was in tears. He had watched the entire thing and he said the looks they were giving me behind my back was priceless. So they moved my seat so i could sit closer to them on the plane.

    I am not always an A-hole but it does come easy to me.


    To the original post. That dude is not smart enough to own an AR. Anyone that tells me that taking an AR to the mall in the US is acceptable needs to pull their head out and take a deep breath.
    Yea right, Francis......
    CaptSmith, DrDP6 and 40Bob like this.
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