It's only been a couple of weeks ago that my HPD officer brother assured me that this sort of thing couldn't happen in Texas. Our conversation started based on my concern about a traffic stop to and from the range that could escalate to something very uncomfortable simply because we were carrying what one generally carries to a range.
Why does posting a picture of a son holding a 22LR rifle on facebook bring out child protective services and LEOs? IT IS LEGAL!
Boy if my teachers had called CPS every time I showed up with a bruise my parents woulda been run ragged.
If 40 S&W is the 10mm short and weak, maybe the 223 should be labeled the 30-06 S&W...
Uh.........Mike you sure you in the right thread??????
Under Terry a cop can pat you down and disarm you during the contact, even if legally carrying.
yes but the person has to be detained first
The instant the officer makes contact, the detainment starts.
That's not true. A Peace Officer can make contact for lots of reasons that don't involve a detention or an arrest. Maybe he wants to say hello, or ask a few questions about something.
The problem in this case, as it seems, is that someone in TX was detained simply for carrying a rifle.
But responding to a 911 call is much different than just stopping an random passerbyer.
It brings them out cause a complaint was registered.
A call to Child Protective Service requires a follow up. Its how the follow up is handled that may be in dispute. My boy went to school with a bruise. A teacher called it in and we got a visit from CPS. They were gone in 20 minutes with "case concluded, no further action needed". It was over. Now, had they not come by and my boy was in the hospital two weeks later the teacher calls the News and says she reported a concern to CPS and noone responded............
I'm sure it was nothing illegal or no kind of a set up, just an innocent man minding his own business and the bad police picking on him by answering a 9-1-1 call about a man with a gun who allegedly resisted arrest instead of following instructions...but we won't know until more facts come out.
Let the cop bashing begin! Please somebody tell a story about how they got a ticket for speeding in 1983 or how a mean cop mistreated them whilst they were just hanging out blah blah blah.
Actually a call to CPS does not necessarily require a follow up. CPS can admin close cases that appear to be non child abuse.
I have no reason to doubt you. I think my underlying point is these people - cps or leo- are darned if they do and darned if they don't. If you point a loaded gun at an officer you go down. Lights out. Yet the parents or community start a riot.
They dont respond to a call of concern of a man with a rifle and bullets fly into a school bus later that day...........
I honestly think this incident happened for a specific reason . Kind of a set up to test a law. Just like my cps issue it could of/ should of been over and done in ten minutes. The officer got the call. He responded to the call. Let him secure the area and proceed with a couple of questions so the rifle can be returned and everyone goes their own way. Why is this not a reasonable outcome? Why risk your job or your chl class.
I was " taught" in my chl class that leo can take your firearm but must return it if you are not arrested. You guys may have other laws or examples that prove otherwise. This is what i was taught. It made sense to me. Thats my stance on the whole issue.