Open Carry of Long Guns.

[Texan2]

It is dumb because it is subjective.

I understand carrying it in a threatening manner, like yelling and aiming it at people. But having it slung to your back should never fall under the alarming law.

We don't know how he was carrying it, but I DO know it was in a way that was ill thought out.
Did you see the part where it says he was questioned and released?

 

[Texas1911]

It is dumb because it is subjective.

I understand carrying it in a threatening manner, like yelling and aiming it at people. But having it slung to your back should never fall under the alarming law.

What ISN'T subjective in State law? LOL ... that's why we have the court system, and juries.

Having it slung around your shoulder is not illegal ... you have to actively decide that you want to scare people, that's what the law means.

 

[KAK]

At what point is carrying my AR openly not going to alarm anyone?

 

[Texas1911]

At what point is carrying my AR openly not going to alarm anyone?

Allow me to assist you sir.

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

 

[Texan2]

Lmao...

 

[Texan2]

...

 

[KAK]

Ok so if I right now decide to intentionally and knowingly carry my rifle on my back not to cause alarm im good?

Or do I have to forget that its there before it becomes legal.

 

[Texas1911]

Ok so if I right now decide to intentionally and knowingly carry my rifle on my back not to cause alarm im good?

Or do I have to forget that its there before it becomes legal.

If you are walking down the street with an AR slung over your shoulder, for physical training, hunting, the hell of it, etc. you aren't going to be in breech of the law. People will call you in, the police will come out, and you'll have to explain to them that you are just walking down the street, minding your own business.

If you are waiving it around, or just being a retard, you can expect to get hardrolled by the police.

Basically ... it's legal until you go full-retard.

 

[KAK]

Understood!

 

[Bithabus]

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

The prosecution would have to prove that he intentionally or knowingly did this in a manner calculated to alarm. I think it's reasonable to argue that in downtown Midland, Austin, Houston, etc. that you would easily garner alarm by openly carrying an "assault rifle with a scope".

It's a Class C misdemeanor, meaning it's a ticket at best. When they roll the SWAT team and close off half the town ... you can bet your ass you are getting a ticket.

To me "manner calculated to alarm" means that alarm is the desired effect of your actions rather than a possible coincidence. Also this is a class B.

 

[MR Redneck]

Dang! Im sorry I posted this. Seems like it created more dust to get kicked up in here than the entire Midland Swat team did while lookin for the guy. Let me elaborate on my follow up on this topic.
I contacted the Midland Police. Asked them why in the world they sent the swat team? They said he "Alarmed" someone. I then asked did the caller say he was acting like a Dick? I also asked if the caller said he was pointing the gun at someone? Did they ask any details why the person was alarmed? I didnt get any answers!
I then called the good Sheriff. He simply said he would have found the need to respond, but he would have simply sent a deputy down there to check the issue out. He wouldnt have shut the town down and sent in the swat team!
The issue with what I posted was simply to alert people of their " Right to carry a Long Gun, Ie. Riffle"..
Yall mention how the guy was dumb because he should have put it in a bag, and how he used poor judgment! Thats Not The Case!! None of what yall mention is required by law! The man exercised his legal right to " OPEN CARRY" the rifle and got a free ride down town. All of the guns in the office were taken as well. Days later the guns were returned to them. There claim they didnt make an arrest but both guy's were hauled down to the cops shop!
The Thread Topic is " Open Carry Of A RIFLE"!! Some of you keep telling members this is legal and they can do that. I simply posted this " ONE" little event of the several that I have to show you what happens in Texas when you try to execise you Legal right!
The word Alarm is the key issue here. Thats the word that screws this right up!
Again, the man didnt break any part of the law except for the fact that someone said" Oh my God, he's got a gun"!!!
Just so yall aint alarmed, My big ass just might have a AR on me if you ever find yourself's in my company. You wont know it, but its there. I dont branish my stuff simply because I dont like the free ride.
Exercise your rights or loose them, exercise them and get a free ride!

 

[Texan2]

I contacted the Midland Police. Asked them why in the world they sent the swat team? They said he "Alarmed" someone. I then asked did the caller say he was acting like a Dick? I also asked if the caller said he was pointing the gun at someone? Did they ask any details why the person was alarmed? I didnt get any answers!

Does that surprise you? The police are supposed to give a de-breifing to you on their actions....over the phone? lol We have no idea what the caller told police. Somebody calls the police and says a man is walking in an office building with a rifle....LE IS going to respond.
These posts are getting comedic.

 

[Texan2]

I then called the good Sheriff. He simply said he would have found the need to respond, but he would have simply sent a deputy down there to check the issue out. He wouldnt have shut the town down and sent in the swat team!

And he gets to make that decision AFTER the incident took place and he has the benefit of hindsight.

 

[Texan2]

Yall mention how the guy was dumb because he should have put it in a bag, and how he used poor judgment! Thats Not The Case!! None of what yall mention is required by law!

No, its not. Using common sense is NOT a law. No one is required to use common sense.
But since you bring up the law...what the police did was also not against the law. So we have two sides, neither of which broke the law.
You may want to consider that bad guys carry too...bad guys shoot up office buildings on occasion.
Had that Sheriff sent one deputy down there and he got carved up by an active shooter, I would be hearing how stupid he was for sending a lone deputy to a report of a man with a rifle at an office building.
The conclusion I came to quite some time ago is that there are some LE bashers on here that will find fault in everything LE does. Whether they should have responded in the manner they did can be debated. We dont know all of the info that was provided to 911. But the fact is, they responded, talked to the guy, gave him his gun back and released him. In short they did their job and made the correct decision not to charge him.

 

[Texas1911]

I then called the good Sheriff. He simply said he would have found the need to respond, but he would have simply sent a deputy down there to check the issue out. He wouldnt have shut the town down and sent in the swat team!

It's a case of rolling the dice ... I see no fault in the police reacting the way they did. It's not common for people to carry long guns in urban situations. It is common for people open carrying long guns in urban areas to go Chernobyl on society, however.

 

[SIG_Fiend]

 

[Texas1911]

LOL ... dem SHADEz.

 

[mkillebrew]

so how are we to achieve open carry of handguns, which will be a new law, if we're not free to exercise open carry of long guns without harassment, which has always been legal?

 

[Texas1911]

so how are we to achieve open carry of handguns, which will be a new law, if we're not free to exercise open carry of long guns without harassment, which has always been legal?

Handguns garner different reactions than long guns. People are used to seeing the police with handguns, so there is some degree of a curve.

People react with irrational fear when they see a tactical-style rifle, but seem to think little of handguns. I see it virtually every day at work.

 

[Texan2]

I believe that it is also a matter of conditioning. You cant go from nobody carrying rifles in an urban business setting to strolling around with an AR in your hand and think no one will be alarmed. Tx1911 is right, to a large degree, people dont see rifles as a weapon folks carry for self defense when in public. Its just the mondset that the public has. That can be changed over time if it is done right.
Handguns dont raise people's ire to anywhere near the degree that a rifle does.