Texas SOT

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?
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    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.
     

    matefrio

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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.
    What TXI said, I was lawfully carrying a knife that was 6.25 inches long blade. DPS arrested me and I was charged with unlawful carry of a weapon. Took $5,000.00 and several months to figure out.

    The folks here and AR15.com helped offest just over half the cost, I'm still thankful for that.

    That said, if you do anything like this have a lawyer in your pocket already and a buddy with you to help with communications etc. Prep for the worst and go for the best.

    As far as open carry protests I'm all for them. When we need the right to open carry any firearm it'll be too late to protest.

    Crazy thing here is WI is one of the last states to have shall issue concealed handgun licenses yet they've had no laws against unlicensed open carry of pistol for a long long time.
     
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    Whisky

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    I'm "one of those" who thinks that flaunting the open carry of long guns and holding rallys is/are hurting, not helping the pro 2nd argument
     

    Mreed911

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    What TXI said, I was lawfully carrying a knife that was 6.25 inches long blade. DPS arrested me and I was charged with unlawful carry of a weapon. Took $5,000.00 and several months to figure out.

    I'm curious (because I don't know) when you can lawfully carry an illegal knife outside of the exceptions carved into the UCW statute? Is the argument that because you have a CHL and are carrying a handgun that 46.02 in its entirety doesn't apply, or that because the large knife was instrumental to the demonstration that it doesn't apply? Or something else?

    Genuinely curious - not for or against.
     

    matefrio

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    I'm curious (because I don't know) when you can lawfully carry an illegal knife outside of the exceptions carved into the UCW statute? Is the argument that because you have a CHL and are carrying a handgun that 46.02 in its entirety doesn't apply, or that because the large knife was instrumental to the demonstration that it doesn't apply? Or something else?

    Genuinely curious - not for or against.

    The whole of 46.02 doesn't apply if you have a chl and a concealed handgun. It's just not easy to convince LEOs without getting charges pressed and court and lawyer fees. That's what the Austin ADA saw exactly and why he dismissed my case "in the interest of justice"

    Most questions are answered here: http://www.texasguntalk.com/forums/...ife-chl-concealed-handgun-=-jail-charges.html
     

    karlac

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    Me, I'm trying to figure how exercising a right granted under the Second Amendment, and State laws, is hurting the Second Amendment?

    I get it that a lot of folks don't like it/may be alarmed by it, but that is arguably a personal problem on their part, and letting their personal problems trump my rights? No thanks.

    And no, I don't necessarily agree with everything I've seen in that regard, and I don't think they are changing anyone's mind, but I am glad they have the balls to stand up for what they believe in.

    If enough us had practiced that, we wouldn't be having this discussion.

    Not being a gun nut, but a civil rights nut, that's just my tuppence, don't really give damn whether anyone agrees or not, and you are certainly entitled to a differing opinion.
     

    Mreed911

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    Me, I'm trying to figure how exercising a right granted under the Second Amendment is hurting the Second Amendment?

    Because it's not about the second amendment at THIS point. That's an early strawman. The second amendment doesn't guarantee HOW you can carry - see below.

    I get it that a lot of folks don't like it/may be alarmed by it, but that is arguably a personal problem on their part, and letting their personal problems trump my rights? No thanks.

    Their personal problems and fears translate into votes and support. At this point, doing something otherwise alarmist doesn't actually help the cause as much as it has potential to hurt it. Having a forceful debate over open carry to the point it sways support against ANY carry isn't the right approach.

    Neither is sticking your head in the sand and refusing to consider how to get to a point that open carry is supported (whether you want to open carry or want to concealed carry, regardless of which you prefer for yourself OR others).

    There's got to be a middle ground between "force the issue and **** the scared" and "ignore it and the scary open carry people will go away and stop threatening our being 'graced' with 'allowing our right to carry concealed.'" Ptui on that.
     

    karlac

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    Because it's not about the second amendment at THIS point. That's an early strawman. The second amendment doesn't guarantee HOW you can carry - see below.



    Their personal problems and fears translate into votes and support. At this point, doing something otherwise alarmist doesn't actually help the cause as much as it has potential to hurt it. Having a forceful debate over open carry to the point it sways support against ANY carry isn't the right approach.

    Neither is sticking your head in the sand and refusing to consider how to get to a point that open carry is supported (whether you want to open carry or want to concealed carry, regardless of which you prefer for yourself OR others).

    There's got to be a middle ground between "force the issue and **** the scared" and "ignore it and the scary open carry people will go away and stop threatening our being 'graced' with 'allowing our right to carry concealed.'" Ptui on that.

    You are entitled to your opinion and I respect it.

    Mine is that most of your above has its toes sticking over the line of the political correctness that got us into this mess in the first place.

    We differ, no sense in further argument. Nuff said ... ;)
     

    hellishhorses

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    Me, I'm trying to figure how exercising a right granted under the Second Amendment, and State laws, is hurting the Second Amendment?
    Semantics? Maybe, but the Bill of Rights doesn't grant us any rights — it only protects the ones we have. These are human rights that we receive at birth for nothing more than being born. Not because you are an American, or white, or orange, or black, or born in a certain place, but because you are human and you breath air.
     
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