txinvestigator
TGT Addict
It is plenty of reason to detain you.
Can a rifle be carried openly in public
- Thread starter 98f150
- Start date
The #1 community for Gun Owners in Texas
Member Benefits:
Fewer Ads! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
It is plenty of reason to detain you.
txinvestigator
TGT Addict
Or a trigger happy forum member....... Good grief, an officer has every right to contact you if you are carrying a rifle around. He MAY have probable cause to arrest, depending on your behavior. And no one with a rifle ever shot a cop, so those fucking pigs should not be cautious when contacting such a person.
O RLY? Courts have said otherwise.
Or a trigger happy forum member....... Good grief, an officer has every right to contact you if you are carrying a rifle around. He MAY have probable cause to arrest, depending on your behavior. And no one with a rifle ever shot a cop, so those fucking pigs should not be cautious when contacting such a person.
Contact? Fine... Contact can be ignored...
Once it get escalated to the point where you no longer have the option to simply walk away, then you're detained... Is a complaint probable cause to detain you? I would say so... But a cop who spots someone carrying a rifle? I would have to say no.
Depends on the complaint. Complaint that indicates illegal activity or a precursor to illegal activity, yes detention is reasonable.
Read the thread about the guy in Austin with his openly carried knife. You know, not beating the ride and all that. Some people will have to take a ride to test the courts today. The general sheeple public has been gun scared by all the media lies. Most government weenies become ever-so-liberal as they rise following the peter principal. Often the policy (written or not) that piles on Cops heads will lean toward confrontation over people pushing their rights where guns are concerned. Government has a no limit budget of our money to take on their pet causes. I believe there is an unwritten policy in Harris County S.O. that says if you are taking pictures/video of anything they are doing you will be asked to stop. If you continue you will be arrested for something. Probably not for the pictures. So who among us wants to get on out there and test the liberal government resolve where toting an AR15 in public is concerned. I would but like most I'm busy that day.
Burt Gummer
Active Member
A person calling 9-1-1 shows they are alarmed by your carrying a rifle in public thereby generating investigation into DOC Display of firearm. Check out definitions of reasonable suspicion.
If you were an officer and 1,2,3 or however many people called 9-1-1 stating "there's a guy in the street with a gun", would you refuse to answer that call or just ignore it and hope for the best?
I respect your opinion but I wholeheartedly disagree with your facts due to my law enforcement and Penal Code experience.
Blind Sniper
Well-Known
I plan on testing that next time I go to Cabela's.
Figure that if someone bugs me about it, I can just say that I plan on shopping for a few add-ons for the gun and want to make sure I'm getting the right size/color/style before I pay. If they ask why I opted for OC rather than keeping the gun in a case, I'll just say that I don't have a case, or am looking for a new one.
They'll request you check and tie it at the door then let you wander at will.
Blind Sniper
Well-Known
Eh, nevermind then.
Burt Gummer
Active Member
Was that a consent stop in MAINE? Not sure how that relates to TX Penal Code 42.01 or responding to a 9-1-1 call of a person with a gun in the street in Texas.
But you must be right. Please walk down the street with an AR 15, causing somebody to call 9-1-1 and let me know how it goes. You will probably just get detained. Also feel free to tell the officer/s that case law supports your right to carry firearms in public despite any 9-1-1 calls.
I would expect them to ask some sort of follow up questions such as what the person is doing with the rifle. When the caller replies "he just walked down the street with it over his shoulder" it seems the callers alarm would be unjustified.
To clarify my position, I don't have a huge problem with being questioned but believe it should not be in a way that resembles detainment and see no reason I should be asked to present ID or disarm so long as my actions are not suspicious. I do not consider carrying a rifle slung over my shoulder to be suspicious because it is a perfectly legal activity.
If asked to disarm I would because I don't want to be involved in a stand off but would POLITELY explain to the officer why I felt his request was unreasonable in what would hopefully be a friendly and light conversation.
People should not fear repercussions for obeying the law.
Burt Gummer
Active Member
I agree and I support your position. What people don't understand is the duty of law enforcement and their rights and duties to investigate calls like this.
Jackass number 1 says "hey its legal to carry an AR down the street so no cop should ever stop me, question me, or temporarily take custody of my weapon while he investigates the situation", and quotes non-related case law etc. He thinks he/she knows the duties and authorities of the police or even the extent of the call for service. You have no idea how many times I've answered 9-1-1 calls saying "I saw two guys fighting and they both have guns, oh God hurry up they're gonna kill each other" only to show up and find two guys verbally arguing with NO weapons involved of any kind. When I respond to those calls, all parties get detained and frisked during my investigation.
It is the duty of the responder to investigate what if any crimes have been committed. As I've stated before, common sense goes a long way.
Yes and jackass #2 is the officer that doesn't know the law and procedes to violate not only someones constitutional rights but the law. You obviously didn't watch the video or you wouldn't have thought that it only pertained to Maine.
Burt Gummer
Active Member
No but I did look up the case law. Not sure what your law enforcement experience is or where you got your license to practice law.
Please prove me wrong by walking around in front of your local Wal Mart or in the street in front of a school with an open carry gun, especially in Houston. If you believe that crappy video, you will find yourself in jail one day soon.
People, please don't believe everything you see on the internet.
In front of a school is breaking the law and a stop would be expected. As far as Walmart goes, that is private property and the bus sinless has every right to have you removed from the property.
Burt, how would you handle the situation in a public area. Just trying to gain insight in to your view on this matter. Assuming the person was cooperative but somewhat frustrated.
Yes, don't believe the videos you see. Read the case law. It's readily available for those that take the time to read it and understand it. And Burt, your dumb ass statement about walking around a school with a firearm make you sound like you think all citizens that believe in their RIGHTS are idiots and of course you know right.
