Open carry of long arms?

[Republican]

imported post

KBCraig wrote:

Republican wrote:

To get arrested for carrying a long gun only takes someone to be "alarmed".

:banghead:

Republican, you seem like a sharp guy, but you need to do some reading. Here is the link to the home page for all Texas statutes:

http://tlo2.tlc.state.tx.us/statutes/statutes.html

Specifically, here is the section of the Penal Code you're looking for:

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;


To be disorderly conduct for openly carrying a long gun in public, you must intentionally or knowingly display it in a manner calculated to alarm.

In common terminology, "brandish" intending to scare someone, although "brandish" doesn't appear in the statutes.

KB

MANY people are "alarmed" at the mere sight of a gun. Once the cops respond to an alarmed citizen reporting a man with a gun. You will most likely go to jail. If you walk down the streets of Dallas carrying a rifle or shotgun in a case, you'll probably be OK. Most folks will no see the case as a gun container. Carry that same rifle or shotgun down the street, you'll be in jail. (Unless you got witnesses with video cameras following you around). Even then, it's no guarantee you will not be arrested. I'm not placing my CHL on the line by testing whether or not I can carry a long gun.

 

[SA-TX]

imported post

Republican wrote:

KBCraig wrote:

Republican wrote:

To get arrested for carrying a long gun only takes someone to be "alarmed".

:banghead:

Republican, you seem like a sharp guy, but you need to do some reading. Here is the link to the home page for all Texas statutes:

http://tlo2.tlc.state.tx.us/statutes/statutes.html

Specifically, here is the section of the Penal Code you're looking for:

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;


To be disorderly conduct for openly carrying a long gun in public, you must intentionally or knowingly display it in a manner calculated to alarm.

In common terminology, "brandish" intending to scare someone, although "brandish" doesn't appear in the statutes.

KB

MANY people are "alarmed" at the mere sight of a gun. Once the cops respond to an alarmed citizen reporting a man with a gun. You will most likely go to jail. If you walk down the streets of Dallas carrying a rifle or shotgun in a case, you'll probably be OK. Most folks will no see the case as a gun container. Carry that same rifle or shotgun down the street, you'll be in jail. (Unless you got witnesses with video cameras following you around). Even then, it's no guarantee you will not be arrested. I'm not placing my CHL on the line by testing whether or not I can carry a long gun.

I agree and with it being a Class B mis., our CHL's are on the line. The best antidote is additional clarity in the form of legislation. We've currently got a nice, pro-gun majority and a governor who will sign the bills. It won't last. We need to make the most of it during the next couple of sessions. There has been good work done and we need to score as many more touchdowns as we can before it gets tough.

 

[Republican]

imported post

SA-TX wrote:

Republican wrote:

KBCraig wrote:

Republican wrote:

To get arrested for carrying a long gun only takes someone to be "alarmed".

:banghead:

Republican, you seem like a sharp guy, but you need to do some reading. Here is the link to the home page for all Texas statutes:

http://tlo2.tlc.state.tx.us/statutes/statutes.html

Specifically, here is the section of the Penal Code you're looking for:

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;


To be disorderly conduct for openly carrying a long gun in public, you must intentionally or knowingly display it in a manner calculated to alarm.

In common terminology, "brandish" intending to scare someone, although "brandish" doesn't appear in the statutes.

KB

MANY people are "alarmed" at the mere sight of a gun. Once the cops respond to an alarmed citizen reporting a man with a gun. You will most likely go to jail. If you walk down the streets of Dallas carrying a rifle or shotgun in a case, you'll probably be OK. Most folks will no see the case as a gun container. Carry that same rifle or shotgun down the street, you'll be in jail. (Unless you got witnesses with video cameras following you around). Even then, it's no guarantee you will not be arrested. I'm not placing my CHL on the line by testing whether or not I can carry a long gun.

I agree and with it being a Class B mis., our CHL's are on the line. The best antidote is additional clarity in the form of legislation. We've currently got a nice, pro-gun majority and a governor who will sign the bills. It won't last. We need to make the most of it during the next couple of sessions. There has been good work done and we need to score as many more touchdowns as we can before it gets tough.

I concur.

 

[KBCraig]

imported post

SA-TX wrote:

The best antidote is additional clarity in the form of legislation.

It's hard to get more clear than the current statute.

"In a manner calculated to alarm" makes it perfectly clear that the actor must intend to alarm; whether people are alarmed is irrelevant.

 

[Republican]

imported post

KBCraig wrote:

SA-TX wrote:

The best antidote is additional clarity in the form of legislation.

It's hard to get more clear than the current statute.

"In a manner calculated to alarm" makes it perfectly clear that the actor must intend to alarm; whether people are alarmed is irrelevant.

Like I said, some people are alarmed at the "sight" of a gun. I'm not placing my CHL at risk and spending money on legal fees to push a point of law. If you're rich....have at it.

I'm a biker. I get the cops called on me for LOOKING at people wrong. When the cops show, they LOOK for something they can arrest you for.

 

[SA-TX]

imported post

Republican wrote:

KBCraig wrote:

SA-TX wrote:

The best antidote is additional clarity in the form of legislation.

It's hard to get more clear than the current statute.

"In a manner calculated to alarm" makes it perfectly clear that the actor must intend to alarm; whether people are alarmed is irrelevant.

Like I said, some people are alarmed at the "sight" of a gun. I'm not placing my CHL at risk and spending money on legal fees to push a point of law. If you're rich....have at it.

I'm a biker. I get the cops called on me for LOOKING at people wrong. When the cops show, they LOOK for something they can arrest you for.

"You can beat the rap but you can't beat the ride"comes to mind. I agree that it wouldprobablynotstick. I also agree that I don't know how to write it any clearer. The fact is -- and posts from states where open carry is legal supports this conclusion -- some police and jurisdictions enforce their views not the law. Even when in the right, you can be harrassed and in some cases detained or arrested. Some thought that the car carry provision passed prior to the one last sessionwas clear enoughbut not the Harris County DA.

Even the plain statutory language is sometimes applied curiously by judges. What would I like to see? Case precedent where a court (preferably the Court of Criminal Appeals) has ruled that simply openly carrying a firearm while breaking no other law is NOT disorderly conduct. That is the best protection because it is binding on all the courts, prosecutors, and policeof Texas. 2nd best is an opinion from the Attorney General that such conduct, in his opinion, would not likely be judged by a court to be illegal. Both of these are powerful weapons because not only will they put the law on your side, but these provide evidence thata reasonable officer knew or should have known that such conduct isn't illegal and thus might defeat his qualified immunity for a Section 1983 civil rights suit. (I an not a lawyer).

BTW -- if simply openly carrying a firearm while not violating any other statute is Disorderly Conduct, don't police officers, hunters, those on their own property, security guards, etc. commit it every day? Notice, there are no exceptions for such persons as there are in Section 46 of the Penal Code.

 

[Count]

imported post

I agree guys... It is all about politics not the law!!! I am a cop and it never fails to amaze me how pathetically trained officers are on gun laws and gun rights in general.