Rudely Displaying a Firearm

[Fitz]

Doesn't specify in print open or concealed. Can't see vid on my phone

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If the pistol was concealed, he was in compliance with the law

If you don't know, why are you making assertions ?

[Tallpine]

I read somewhere that the handgun was concealed but I don't recall which article.

[cassandra and sara's daddy]

Other than for not allowing cop to disarm him as required under tge statute mentioned earlier
411.207
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[Jamisjockey]

If the pistol was concealed, he was in compliance with the law

If you don't know, why are you making assertions ?

Making it up as he goes along.

[Tallpine]

Other than for not allowing cop to disarm him as required under tge statute mentioned earlier
411.207
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But the statute only applies to concealed handguns, not open carry rifles.

Funny, I doubt the cop even knew about the handgun when he asked him to hand over the rifle 

[cassandra and sara's daddy]

But the statute only applies to concealed handguns, not open carry rifles.

Funny, I doubt the cop even knew about the handgun when he asked him to hand over the rifle 

§ 411.207. AUTHORITY OF PEACE OFFICER TO DISARM.  A peace
officer who is acting in the lawful discharge of the officer's
official duties may disarm a license holder at any time the officer
reasonably believes it is necessary for the protection of the
license holder, officer, or another individual.  The peace officer
shall return the handgun to the license holder before discharging
the license holder from the scene if the officer determines that the
license holder is not a threat to the officer, license holder, or
another individual and if the license holder has not violated any
provision of this subchapter or committed any other violation that
results in the arrest of the license holder.


so its your position he couldn't ask him for the rifle?   it just says disarm.  i think whats gonna leave teethmarks is the presumption that he should as a license holder comply with those provisions that he agreed to when he got the license.


i think hes got no chance just on gp of selling the idea that the cop could not disarm him. he was a classic example of why its "less than wise" to pretend you are a lawyer on the side of the road,  i do feel bad for his kid though. he made choices i would not have.

[cassandra and sara's daddy]

http://centraltexasgunworks.com/chlclass/faq?page=3

[cassandra and sara's daddy]

didn't texas drop "must inform"?

[Tallpine]

so its your position he couldn't ask him for the rifle?   it just says disarm.  i think whats gonna leave teethmarks is the presumption that he should as a license holder comply with those provisions that he agreed to when he got the license.

so its your position that he could only ask him for the rifle because he was a license holder ?   

[cassandra and sara's daddy]

No its my position that as i license holder he chose to submit to a higher standard and should have been aware.
At most hes got an administrative beef if the first cop was rude and just tried to grab his ar. And thats subjective.
He bucked up on being disarmed long enough for backup to show up. Hes hosed. Place to make his stand was court. And he may regret his vids. Anything you say can and will be used against you. And he admits to not allowing the cop to disarm him.   Good luck with that

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[Fitz]

Ahhh. So when one gets a permission slip to exercise a CONSTITUTIONAL right, one forfeits their rights under other sections of law? Cool

[cassandra and sara's daddy]

Ahhh. So when one gets a permission slip to exercise a CONSTITUTIONAL right, one forfeits their rights under other sections of law? Cool

one choses to enter into that contract


or one can be a real revolutionary

[dogmush]

Context CSD.

411.207 applies to the concealed handgun that is being carried by the license holder. The authority to disk doesn't apple to anything you might happen to have on you. That's why its a subsection of the CHL law.

[Fitz]

Context CSD.

411.207 applies to the concealed handgun that is being carried by the license holder. The authority to disk doesn't apple to anything you might happen to have on you. That's why its a subsection of the CHL law.

Did you just have a stroke? :-)

[cassandra and sara's daddy]

Context CSD.

411.207 applies to the concealed handgun that is being carried by the license holder. The authority to disk doesn't apple to anything you might happen to have on you. That's why its a subsection of the CHL law.

is it then your position that they could not legally take the ar?  really?

[geronimotwo]

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating

can a rifle be considered a club?

[Cliffh]

didn't texas drop "must inform"?

Nope.  The "must inform" part of the law is still there.  But they did remove the punishment for not informing.

[dogmush]

Did you just have a stroke? :-)

New tablet. Predictive typing is still a little wonky.

is it then your position that they could not legally take the ar?  really

I don't know all of Texas law, but the particular piece you quoted wouldn't apply to the AR since it gives the officer the right to take a concealed handgun in the context of licensing to carry said handgun. You quote even mentions "the handgun".

Does Texas have some broad disarmament law for people not carrying concealed? It seems odd that they'd have to specify it in the CHL law if it already existed.

ETA: While we're on the subject that statute doesn't give LEO's carte blanche to take any concealed handgun that might make them nervous.  The LEO must "reasonably believe it is necessary for the protection...."  I have no idea what case law is, but the law's drafters clearly felt there needed to be some justification.

Without video of the first part of encounter we don't know what the perceived danger was.

I confess if I was walking along minding my own buisness and a LEO walked up and told me to, for example, lay my rifle on the ground, with no other reasoning I might be a little ticked too.

[cassandra and sara's daddy]

I might be too. Lawyer and a talk with chief in order. Attempting some kinda roadside lesson? Unwise. Some folks get used to being the sgt or the gunny and adjust less well to not being in charge.
Worst case of that i ever saw was a lt col. It had bad results for him too

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[cassandra and sara's daddy]

So cops there have dash cams?

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[dogmush]

Attempting some kinda roadside lesson? Unwise. Some folks get used to being the sgt or the gunny cop and adjust less well to not being in charge someone that doesn't submit to illegal procedures.

Let me play devils advocate.

Why is it the MSG's fault the cop (hypothetically) didn't know the law? What if the LEO in question wanted to steal the AR? (has happened).  Or better yet what if you are still scripting your plea to the judge as the cop pulls his car full of uppity civil rights radicals into the swamp?

Why should we blindly follow law enforcements commands?

[cassandra and sara's daddy]

Which law do you believe the cop didn't know?
Do you think the law and courts won't support disarming someone while responding to a mwag call?
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[dogmush]

Which law do you believe the cop didn't know?

Nobody has yet found a law that covers disarming a man open carrying a rifle.  So less didn't know the law and more making it up as they go.

Do you think the law and courts won't support disarming someone while responding to a mwag call?

Dunno. generally the courts have upheld that you don't even have to stop and talk to cops, much less give them your property, unless they are investigating a crime.  A man walking down the (dirt) road with an slung AR would be evidence of what crime in texas exactly?

[roo_ster]

Nobody has yet found a law that covers disarming a man open carrying a rifle.  So less didn't know the law and more making it up as they go.

Dunno. generally the courts have upheld that you don't even have to stop and talk to cops, much less give them your property, unless they are investigating a crime.  A man walking down the (dirt) road with an slung AR would be evidence of what crime in texas exactly?

Done that plenty of times with a shotgun when I was a kid hunting pheasants.

[Tallpine]

Done that plenty of times with a shotgun when I was a kid hunting pheasants.

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