Open carry of long arms at state capital?

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  • London

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    Hello, all. I'm going to try and attend a stand your ground rally at the capital; I'd like to bring a long arm. Problem is I hear DPS is arresting people for doing so. Supposedly the nickel rolls like this: DPS asks armed person to leave. Armed person does not. DPS arrest for disorderly conduct, trespass, armed trespass, etc.

    I was under the assumption you can not trespass on public property? The disorderly conduct thing is a bullshit charge pure and simple, but then again, it's liberal Austin so you can bet if you are charged you WILL go to court and will probably even be found guilty.

    Thoughts? Comments? Advice?
     

    matefrio

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    They control the grounds, they can ask you to leave.

    One of my regrets is I didn't have a lawyer already in my pocket and a buddy there when I went to the capitol with the knife.

    That said I know a good lawyer in Austin that helped me out pre jury he charges $5,000.00.
     

    txinvestigator

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    Yes, you can trespass on Public Property. DPS is charged with security of the grounds. They ask you to leave and you refuse, criminal trespass. They are not arresting people there for disorderly for JUST the carry of the long gun unless the person meets the proscribed conduct.

    Have not heard about a "stand your ground" rally. What is it all about?
     

    ArmyZach

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    Not an open carry event, but stand your ground? Is there some anti-stand your ground legislation happening?

    Sent from my AN/PRC-77 using Tapatalk.
     

    Younggun

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    Maybe just being proactive. Easier to strike first than be on the defensive.


    I wouldn't OC if it weren't an OC rally, just me though.
     

    rushthezeppelin

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    Yes, you can trespass on Public Property. DPS is charged with security of the grounds. They ask you to leave and you refuse, criminal trespass. They are not arresting people there for disorderly for JUST the carry of the long gun unless the person meets the proscribed conduct.

    Have not heard about a "stand your ground" rally. What is it all about?

    Since when was peaceful political protest in front of our politicians grounds to fit someone into the category of "proscribed conduct" that allows them to do the disorderly charge? They didn't do this crap a year ago when I attended the rally in, I think, December (too bad I didn't have any guns, nevertheless long guns to OC, at the time).
     

    Mreed911

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    What are you talking about? Was it an illegal knife at the time? Otherwise, there's no prohibition against weapons at the Capitol.

    The recent arrests were for Criminal Trespass, not weapons violations, for protesters who intentionally caused problems with the intent of getting arrested.
     

    txinvestigator

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    Since when was peaceful political protest in front of our politicians grounds to fit someone into the category of "proscribed conduct" that allows them to do the disorderly charge? They didn't do this crap a year ago when I attended the rally in, I think, December (too bad I didn't have any guns, nevertheless long guns to OC, at the time).

    Let me try to word it differently. The disorderly statute (penal code 42.01) lists specific conduct that is unlawful. If a person displays a firearm in a public place in a manner claculated to alarm, that person is subject to arrest.
     

    txinvestigator

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    What are you talking about? Was it an illegal knife at the time? Otherwise, there's no prohibition against weapons at the Capitol.

    The recent arrests were for Criminal Trespass, not weapons violations, for protesters who intentionally caused problems with the intent of getting arrested.

    If you are referring to Matefrio, yes he carried an illegal knife. Illegal knife is a definition, not a law. That means knives that meet the definition are only proscribed for carry under specific situations listed in the statutes.

    Mate was carrying his concealed handgun license and his concealed handgun, along with his illegal knife. Penal code 46.15(b) makes that legal. The DPS Troopers there did not agree. He was arrested and booked. He hired an attorney, an upon reviewing the facts the DA dismissed the charges.

    To your other point, DPS has announced that they will ask firearm carriers other than CHL holder with concealed handguns to not carry. Those who refuse are subject to arrest under penal code 30.05, criminal trespass.
     

    TXARGUY

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    I don't want to insult anyone here but these open carry rallies are retarded in my opinion.

    The effect is backlash from places that formerly had no problem (or policy) with firearms like Starbucks moving to ban ALL firearms from their premises.

    I live up on the border with Oklahoma. When open carry legislation was passed we were of course excited; up to and until the major backlash started, I.e. businesses everywhere posting the Okla equivalent of 30.06. Places everywhere that prior to open carry had been gun friendly are now no goes.

    I'm not as adamantly opposed to open carry as some I know but just keep pushing and see what happens.
     
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