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.
Perhaps. I intended to write in generalities as my thesis.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.
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.
A person with a gun is always going to alarm (some) people, I thought it required "intent" to alarm?
Always?
But let me ask this; if you KNOW that it will alarm someone and you do it anyway, haven't you then intentionally calculated to alarm?
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.
Even if exempt by carrying his CHL?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.
Even if exempt by carrying his CHL?
Some would think a knife isn't either.Rifle is not covered by CHL.
Some would think a knife isn't either.
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.Some need to read the law.
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?