Guns Rights Group Says Member Unlawfully Arrested for Carrying Rifle in Public

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  • Younggun

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    Sounds like a bunch of crap.


    It kept saying he was near a school, wish there was more detail about how close he actually was. Is "near" 1 mile, or is it across the street?


    Really wish the article had more details and not just someone spouting about how the big scary man made them go to a different store.
     

    txinvestigator

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    If you think walking around with a rifle near a school and in public areas will not alarm people you are crazy. It is not so much the rifle is scary, but there have been actual mass shootings in and near these types of places.

    The arrests are not unlawful. Common sense tells one that carrying the rifle like that will alarm people. If you do it anyway that is plenty of PC to arrest for "calculating to alarm". Once the arrest is made and prosecutors delve into it they may determine that it is appropriate for charges to be dropped, or not.

    I realize they are trying to educate people, but doing so carries the fact that you WILL alarm people and the police WILL act. If you can afford the consequence then knock yourself out.
     

    Dredens

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    This article wasn't very descriptive, but if he was indeed very close to a school, then he shouldn't be surprised that he was taken it.
     

    Younggun

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    If you think walking around with a rifle near a school and in public areas will not alarm people you are crazy. It is not so much the rifle is scary, but there have been actual mass shootings in and near these types of places.

    The arrests are not unlawful. Common sense tells one that carrying the rifle like that will alarm people. If you do it anyway that is plenty of PC to arrest for "calculating to alarm". Once the arrest is made and prosecutors delve into it they may determine that it is appropriate for charges to be dropped, or not.

    I realize they are trying to educate people, but doing so carries the fact that you WILL alarm people and the police WILL act. If you can afford the consequence then knock yourself out.

    You have said many times that it's not good to condemn without all the details. I think this is a case where you might be doing just that.


    It never says how close he is to the school. Wouldn't surprise me if the school was several miles away.


    I want to debate whether or not the fact that people will be alarmed has anything to do with "intent to alarm" but have a feeling I would not fair well against our resident expert on Texas laws.
     

    CitizenSeven

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    Those protecting our civil and 2nd amendment rights by asserting their own in non-PC ways always have to pay a price from the haters and nanny-staters. I thank these patriots for their efforts.
     

    AustinN4

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    If I were to sling a rifle or shotgun on my shoulder and walk around my urban Austin neighborhood, I would fully expect it to alarm some of my neighbors who would then call the police and I would likely be cited for creating a disturbance.
     
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    txinvestigator

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    You have said many times that it's not good to condemn without all the details. I think this is a case where you might be doing just that.
    Perhaps. I intended to write in generalities as my thesis.




    I want to debate whether or not the fact that people will be alarmed has anything to do with "intent to alarm" but have a feeling I would not fair well against our resident expert on Texas laws.

    That is a fair debate, but I see two debates there. I have actually written on this forum that the law does not make it an offense if someone is alarmed, it makes it an offense that the rifle carrier calculated to alarm. I do not think that a person reporting that they were alarmed at the sight of a person carrying a rifle is prima facie evidence of the rifle carrier calculating to alarm.


    However, if YOU decide to carry your rifle it depends on the totality of the circumstances if you know you would alarm people by doing so. Would you also not agree that if you KNOW people will be alarmed and you carry anyway, that you calculated to alarm?

    For example, if you live in a rural area and carry a rifle while you walk down the road to the general store, would YOU think that you would alarm people?

    If you live in a condo near the Dallas Galleria, do you imagine people would be alarmed if you carry your rifle while walking to and inside the Galleria? If you answer no, I would have to say you are being disingenuous. If you answer yes, and you carry anyway haven't you then calculated to alarm?
     
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