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Active Duty Solder Illegally Disarmed and Arrested?

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  • askrobert
    Junior Member
    • Jan 2012
    • 24

    Active Duty Solder Illegally Disarmed and Arrested?

    I thought Texas was open carry?

  • #2
    Glock22Fan
    Calguns Addict
    • May 2006
    • 5752

    Originally posted by askrobert

    Yes, it is, but there is a law that stops you carrying "in a threatening manner."

    Apparently, some idiot felt threatened by this guy carrying a rifle on his shoulder, and there's an anti-gun D.A. willing to stretch the law.

    (Note, I could be wrong on this, just what I read in a newspaper report).
    John -- bitter gun owner.

    All opinions expressed here are my own unless I say otherwise.
    I am not a lawyer and this is not legal advice.

    sigpic

    Comment

    • #3
      EM2
      Calguns Addict
      • Jan 2008
      • 6447

      I saw that the other day.

      The feeling I got was that the cop finally arrested him in an effort to save face.
      They were not able to explain if he was under arrest or not and why until the end after the cops discussed the matter and trummped up some charge of resisting.
      Hope he wins out.
      The opinions, content, images, memes, et. al. here within are meant entirely as satire and not to be taken by any leftist scum sucking commies as serious content of which they should waste their time with a response.​

      If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither judge nor jury. Therefore what he must be taught to fear is his victim. Col. Jeff Cooper

      Comment

      • #4
        kaligaran
        Veteran Member
        • Dec 2011
        • 4800

        Dup, and yes he wasn't arrested for just OC'ing. He was arrested for resisting arrest.
        WTB: multiautomatic ghost gun with a .30-caliber clip to disperse with 30 bullets within half a second. Must include shoulder thing that goes up.
        Memberships/Affiliations: CERT, ARRL ARES, NRA Patron Member, HRC, CGN/CGSSA, Cal-FFL

        Comment

        • #5
          SanDiegoMan
          Senior Member
          • Jan 2013
          • 644

          I think in the video the police claimed he was resisting search. At any rate, I didn't observe any resisting. Hope the courts fix this.

          Comment

          • #6
            ChrisC
            Senior Member
            • Jan 2013
            • 2469

            I like how he said he had the right to defend himself against them. With an attitude like his, it is no wonder they locked him in the back of the car. Stand up for your rights but don't be a jerk about it, it won't help yourself or anyone else. He had way too much attitude, should have just stayed calm but he decided to try and act the tough guy.


            These guys aren't bad guys unless they get embarrassed. That had to be my favorite line.

            Comment

            • #7
              mc21
              Member
              • May 2012
              • 368

              Resisting arrest or resisting false arrest? In the latter, is that still a crime? :P

              Comment

              • #8
                JoshuaS
                Senior Member
                • Nov 2012
                • 1617

                Texas is not an open carry state, and even printing is construed as a violation of law. Their state constitution explicitly states that they can pass laws concerning the wearing of arms, with a view to public safety.

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44688

                  Not 2A. Might be 'authorities making things up'. Let's allow this one to run through procedures.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #10
                    Ron-Solo
                    In Memoriam
                    • Jan 2009
                    • 8581

                    It will be interesting to see how this pans out. For what it is worth, according to several articles, the rifle wasn't slung over his shoulder, it was in a tactical sling at the ready position. I've done a lot of hiking with Scouts, and in a Scouting situation that is inappropriate. If you need to carry in that manner, you shouldn't be taking scouts with you. I wouldn't backpack in South Central LA. I'd carry, but not like that.

                    According to some articles, he has a history of being an activist and walking a thin line with military authorities too.

                    Might not be the best person to choose for a rallying point, IMHO.
                    LASD Retired
                    1978-2011

                    NRA Life Member
                    CRPA Life Member
                    NRA Rifle Instructor
                    NRA Shotgun Instructor
                    NRA Range Safety Officer
                    DOJ Certified Instructor

                    Comment

                    • #11
                      stormvet
                      I need a LIFE!!
                      • Mar 2010
                      • 12681

                      What a surprise if you go looking for trouble, you usually find it.
                      It seems to me he got just what he was looking for. A video of police "violating his rights". He was confrontational from the start, it was bound to end the way it did.
                      Im a warmonger baby, I got blood in my eyes and I'm looking at you.

                      Comment

                      • #12
                        sigstroker
                        I need a LIFE!!
                        • Jan 2009
                        • 19859

                        Originally posted by kaligaran
                        Dup, and yes he wasn't arrested for just OC'ing. He was arrested for resisting arrest.
                        ROFL, this sounds ridiculous. What we he being arrested for in the first place that he supposedly resisted?

                        Comment

                        • #13
                          Sleighter
                          Veteran Member
                          • Apr 2011
                          • 3624

                          Originally posted by kaligaran
                          Dup, and yes he wasn't arrested for just OC'ing. He was arrested for resisting arrest.
                          Originally posted by sigstroker
                          ROFL, this sounds ridiculous. What we he being arrested for in the first place that he supposedly resisted?
                          Ding ding ding.

                          He wasn't doing anything illegal until a police officer approached him and tried to wrestle his (legal) rifle from him. When the officer couldnt disarm him forcibly he decided to handcuff him and detach his rifle from the sling before disarming him.

                          Now it comes time to decide what the purpose of this stop was....soooooooo...... Interfering with police. How you can interfere with police when they are the instigators and sole actors in an encounter blows my mind.

                          Something like " The right of the people to be secure in their persons, houses, papers, and effects" came to mind when I heard about this... Apparently that doesn't apply here for some reason...
                          If you are wondering if you can get a LTC in Riverside County: THE ANSWER IS YES!

                          Join the discussion at:http://www.calguns.net/calgunforum/s...d.php?t=352777

                          Comment

                          • #14
                            EM2
                            Calguns Addict
                            • Jan 2008
                            • 6447

                            Originally posted by stormvet
                            What a surprise if you go looking for trouble, you usually find it.
                            It seems to me he got just what he was looking for. A video of police "violating his rights". He was confrontational from the start, it was bound to end the way it did.

                            Really?
                            So he is out on a hike with his son & by all accounts he is abiding by the law but somehow he deserved to be accosted by a cop.
                            How do you figure?
                            Is it illegal in that area of Texas to carry a rifle? In the manner he was carrying it?

                            Or perhaps are some people just uncomfortable with others living their lives as a free liberated citizen?
                            The opinions, content, images, memes, et. al. here within are meant entirely as satire and not to be taken by any leftist scum sucking commies as serious content of which they should waste their time with a response.​

                            If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither judge nor jury. Therefore what he must be taught to fear is his victim. Col. Jeff Cooper

                            Comment

                            • #15
                              EM2
                              Calguns Addict
                              • Jan 2008
                              • 6447

                              Originally posted by Ron-Solo
                              It will be interesting to see how this pans out. For what it is worth, according to several articles, the rifle wasn't slung over his shoulder, it was in a tactical sling at the ready position. I've done a lot of hiking with Scouts, and in a Scouting situation that is inappropriate. If you need to carry in that manner, you shouldn't be taking scouts with you. I wouldn't backpack in South Central LA. I'd carry, but not like that.

                              According to some articles, he has a history of being an activist and walking a thin line with military authorities too.

                              Might not be the best person to choose for a rallying point, IMHO.

                              Ron,
                              Come on now, I know you always jump in on the side of the cops but did you even read about this case and/or watch the video?

                              He was NOT on a hike with other scouts, just his own Eagle Scout hopeful son.

                              It is clear in the video that the rifle was in fact slung in front in a tactical position as you claim. But so what, why is that an issue at all?
                              He clearly states multiple times that in that part of Texas it is not a crime to carry a rifle in the open and the officer(s) do not dispute his claim.

                              The manner in which you would carry if on a hike is immaterial because you are not he and he is (supposed to be) a free individual who has a right not to be harrassed by law enforcement if he has not violated any law.

                              His history of activisim and "walking a thin line" is also immaterial and actually reflects poorly upon those who feel it is their place to bully and control others. Unless he has been convicted of a crime his previous activism activities simply show he is a concerned citizen fighting for his and our rights and should be applauded for his efforts.

                              Oh, I almost forgot
                              If you are going to claim "According to some articles" then please provide the link & appropriate quote, otherwise it didn't happen.
                              Last edited by EM2; 04-19-2013, 9:34 PM. Reason: spelling
                              The opinions, content, images, memes, et. al. here within are meant entirely as satire and not to be taken by any leftist scum sucking commies as serious content of which they should waste their time with a response.​

                              If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither judge nor jury. Therefore what he must be taught to fear is his victim. Col. Jeff Cooper

                              Comment

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