Texas SOT

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

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!
  • Younggun

    Certified Jackass
    TGT Supporter
    Local Business Supporter
    Rating - 100%
    6   0   0
    Jul 31, 2011
    53,606
    96
    hill co.
    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

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    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

    Well-Known
    Rating - 0%
    0   0   0
    Jan 11, 2014
    1,462
    31
    Sealy
    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

    Certified Jackass
    TGT Supporter
    Local Business Supporter
    Rating - 100%
    6   0   0
    Jul 31, 2011
    53,606
    96
    hill co.
    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

    Member
    Rating - 0%
    0   0   0
    Apr 28, 2013
    100
    1
    Dallas
    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

    TGT Addict
    Rating - 100%
    9   0   0
    Nov 27, 2013
    9,853
    96
    Austin
    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.
     
    Last edited:

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    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?
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    It's a form of demonstration and is not calculated to cause alarm only gain attention to the rights.

    If your summary is the test case then further laws allowing open carry will never happen in TX.

    Unless we get that pesky "calculated to alarm" removed, or better, the whole section. And I am all for that.
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,747
    96
    Texas
    Texas does not have a "No guns near schools" law. So that is legally irrelevant.

    Folks alarmed by a guy walking with a gun slung over their shoulder is not much different than being alarmed by a black man walking in a white neighborhood 50 years ago.

    This guy better hope he was not within 1000 feet of the school, or he might get hooked up by the Feds for a felony.
     

    matefrio

    ΔΕΞΑΙ
    Rating - 0%
    0   0   0
    Jan 19, 2010
    11,249
    31
    Missouri, Texas Consulate HQ
    Some need to read the law.
    I'm looking through the Federal Law now. So far I can find if you are licenced by the state you're exempt. It doesn't state a type.

    It is unlawful for a citizen to carry a loaded firearm within 1000 ft. of a public school except with two exceptions:
    1. The individual lives within the 1000 ft. parameter.
    2. The individual has a concealed carry permit issued by the state in which the school zone resides.
     

    Younggun

    Certified Jackass
    TGT Supporter
    Local Business Supporter
    Rating - 100%
    6   0   0
    Jul 31, 2011
    53,606
    96
    hill co.
    Perhaps. I intended to write in generalities as my thesis.






    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?

    I don't believe knowing the result equates to being the same as the intended result.


    For example: I live in a condo in the Dallas area and and my car breaks down on my way home from the range. I am pretty sure someone will be alarmed but choose to go ahead and walk the last mile to the house and carry my rifle slung on my back because I don't want it to be stolen.


    Yes, it will probably alarm someone, the action. Itself was not calculated to cause alarm.



    If your "calculated" equates to "intention". Knowing one result does not mean that is the intended result.
     
    Every Day Man
    Tyrant

    Support

    Latest posts

    Forum statistics

    Threads
    116,108
    Messages
    2,952,941
    Members
    34,935
    Latest member
    LandenR
    Top Bottom