Jerry Waller's shooting and the requirement to drop a firearm on your own property

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!
  • cheez

    New Member
    Rating - 0%
    0   0   0
    Nov 29, 2013
    10
    1
    Folks- I was just reading this article about Jerry Waller's shooting by Fort Worth PD and had a question; is it an actual legal requirement in Texas that a person standing on their own property must follow the orders of a police officer to drop a firearm? I'm hoping someone is familiar with the specific statutes that would address this and can cite them. Just curious- I'm sure there is some law that says the lawful order of a peace officer overrides castle doctrine, but I'd really like to see it explained. Thanks!!
     

    Younggun

    Ginger Avenger
    TGT Supporter
    Admin
    Rating - 100%
    6   0   0
    Jul 31, 2011
    53,039
    96
    hill co.
    Jerry Waller's shooting and the requirement to drop a firearm on your own pro...

    This should be a fun thread.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,205
    96
    Ft Worth, TX
    Folks- I was just reading this article about Jerry Waller's shooting by Fort Worth PD and had a question; is it an actual legal requirement in Texas that a person standing on their own property must follow the orders of a police officer to drop a firearm? I'm hoping someone is familiar with the specific statutes that would address this and can cite them. Just curious- I'm sure there is some law that says the lawful order of a peace officer overrides castle doctrine, but I'd really like to see it explained. Thanks!!

    If we are going to have an intelligent conversation about this, please explain the Castle Doctrine as you understand it. We need to be on the same page.
     

    cheez

    New Member
    Rating - 0%
    0   0   0
    Nov 29, 2013
    10
    1
    Ok- I simply mean the "man's home is his castle" perspective; if you are holding a weapon but not brandishing it, or otherwise threatening with it, is being told to drop it while on one's own property a lawful order that must be obeyed or you are in violation of the law? Examples abound: Being out hunting on property you lease when the ranger walks up- can he order you to drop your hunting rifle or face arrest? In your garage, like Jerry was, investigating suspicious noises, when the police un-warrantedly enter your property? I understand that when in public the order to self-disarm is a lawful one and must be obeyed, but what about on your own private property? (I know Castle Doctrine is a specific subset of law about the right to shoot an intruder- I'm not claiming you have some right to shoot the police, simply referring to it as a reason that the order to self-disarm may not be lawful or may be superseded by other laws/rights.)

    I'm really not trying to start a fight here; I'm curious. And I agree- he with the badge wins- I'm just curious what the actual law reads on the topic. Believe me, I'm not planning to disobey an armed officer who has me at gunpoint when he tells me to disarm myself, I'm just trying to find the legal line- basically, if Jerry Waller did NOT threaten the police with his weapon, did they still have a right to treat him as illegally disobeying a lawful order, or did he / do we have a right to be in possession of weapons on his / our own property that supersedes the power of the officer to make that order?
     
    Rating - 0%
    0   0   0
    Jan 14, 2014
    114
    1
    My philosophy is simple, the man with the gun and uniform is right, until you can prove in court he isn't.

    Sent from my SGH-M919 using Tapatalk
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,205
    96
    Ft Worth, TX
    Ok- I simply mean the "man's home is his castle" perspective; if you are holding a weapon but not brandishing it, or otherwise threatening with it, is being told to drop it while on one's own property a lawful order that must be obeyed or you are in violation of the law? Examples abound: Being out hunting on property you lease when the ranger walks up- can he order you to drop your hunting rifle or face arrest? In your garage, like Jerry was, investigating suspicious noises, when the police un-warrantedly enter your property? I understand that when in public the order to self-disarm is a lawful one and must be obeyed, but what about on your own private property? (I know Castle Doctrine is a specific subset of law about the right to shoot an intruder- I'm not claiming you have some right to shoot the police, simply referring to it as a reason that the order to self-disarm may not be lawful or may be superseded by other laws/rights.)

    I'm really not trying to start a fight here; I'm curious. And I agree- he with the badge wins- I'm just curious what the actual law reads on the topic. Believe me, I'm not planning to disobey an armed officer who has me at gunpoint when he tells me to disarm myself, I'm just trying to find the legal line- basically, if Jerry Waller did NOT threaten the police with his weapon, did they still have a right to treat him as illegally disobeying a lawful order, or did he / do we have a right to be in possession of weapons on his / our own property that supersedes the power of the officer to make that order?

    So you admit the castle doctrine has nothing to do with this, and we can drop references to it?

    And what does a warrant have to do with anything?

    Your prediposition, no, your bias is already evident.
     

    Support

    Sponsors

    Greeneye Tactical
    silencers
    DK Firearms
    Tyrant Designs
    Every Day Man
    Shroud
    Shroud
    Weapon displays
    Ammo
    Defender Tactical
    Ammo

    Latest posts

    Forum statistics

    Threads
    107,552
    Messages
    2,601,129
    Members
    33,052
    Latest member
    rzapata_sa
    Top Bottom