Tag Archives: open carry

Illegal Arrest? Or Dubious Understanding of the Law?…Open Carry

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Over the last 36hrs, Open Carry Texas tweeted that three of their members were “illegally arrested” for openly carrying “pre-1899 black powder revolvers” at the Texas Capitol. News of the arrest has quickly gone “viral.” Infowars.com was also there to record it and has posted video on their website and YouTube channel.

 

There are several video segments on YouTube and other sites in which Open Carry Texas members and even a DPS trooper can be seen reading Chapter 46 (Weapons) of the Texas Penal Code. Specifically, they are reading the definition of a firearm. The text of that section reads as follows:

“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

I hate to be the guy taking unpopular positions but, I honestly think the troopers on the scene made a reasonable call. My father (a retired, 32-year veteran cop), was well known in his department for saying that people often know just enough about their rights to go to jail. Experience has shown me the man knows what he’s talking about. I say that because as I read Chapter 46, the cap-and-ball revolvers may be replicas of pre-1899 firearms but, they are also handguns. Being that it is currently a Class A misdemeanor under Section 46.02 to carry a handgun openly in Texas, an arrest would seem reasonable to most police officers.

It should be noted that none of the people at the scene who were carrying long guns were arrested.  This would seem to indicate DPS troopers clearly recognized that openly carrying a long gun does not, in and of itself, constitute an offense under Texas law. Now having said this, the folks at Open Carry Texas can and should cite the definition of “Firearm” under Section 46.01 in their defense but, I am not a lawyer. There’s a good chance that because of what might be seen as the vaguarities of the law, charges may be dropped…Or not. Time will tell as this story is still in play.

-Gary

CJ Grisham mentioned in commentary about what’s wrong with our Armed Forces…

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An interesting and worth while read…(http://www.michaelyon-online.com/monkey-business-our-broken-army/All-Pages.htm)

I’d like to say first the article above should NOT be taken as an indictment against open carry or those supporting open carry.  For the record, we firmly believe Texans, all Americans, should have the option to carry openly if they so choose. But the fact is, open carry is not the subject of this article at all.

The article is in fact, commentary on issues of leadership and discipline (or lack thereof) within our Armed Forces. Issues we’ve heard echoed many times among those currently serving and those who left active service in recent years. It happens however, that the article leads off with what can only be described as the ongoing misadventures of one Master Sergeant CJ Grisham, US Army. Apparently Grisham was recently relieved of duty as the Non-commissioned Officer In Charge (NCOIC) of the Army’s Warrior Adventure Quest at Fort Hood.

Grisham has been held out by some as a hero of the 2nd Amendment and Open Carry movement.  And while I know I’ll take heat for this, Grisham’s behavior in the now infamous Temple, TX video didn’t sit any better with me than that of the police officers in said video. I have long wondered if, like those who immediately jumped to holding Trayvon Martin out as a modern martyr of the “Civil Rights Movement” and racial equality, people were jumping to the defense of Grisham with the same sort of blind bias. The article would seem to indicate that this would be “hero” may not be up to the task and is more of an example of a professional victim.

-Gary

From the police “WTF are we supposed to do?” files…Open Carry rights versus reasonable police response.

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http://lawenforcementtoday.com/2013/08/06/another-aurora-prevented-by-flint-michigan-police%E2%80%99s-adept-action/

“On Tuesday, July 30, 2013, police were called to the Trillium Theater in Grand Blanc Township (Michigan) on a report of a man wearing a bulletproof vest (BPV) and in possession of a gun was in the theatre. Cassidy Delavergne was found wearing a BPV and in possession of a gun as he sat among theatre goers. Delavergne was held for a mental examination after his arrest.

 

The police located Delavergne as he was watching a movie. Delavergne did not outwardly threaten any of the movie goers. The oddity of an armed individual wearing a BPV among a crowd of people required a quick and prudent police response to circumvent a potential. As the police approached Delavergne, he identified himself to be a federal agent and produced a fake CIA ID badge.

 

Delavergne was taken into custody without incident. He was in possession of a 9 mm semi-automatic firearm and 34 rounds of ammunition. This led to a search of Delavergne’s car, where an additional 111 rounds of ammunition was confiscated.

 

Of greatest concern is that Delavergne is licensed as a Michigan concealed carrier. His arrest is based solely on a federal offense of possessing fraudulent government identification. Charges were not filed against Delavergne for wearing a BPV when he was considered armed and dangerous. Once processed, Delavergne was released on a bond.”

Now, this can be viewed as either A) a tragedy prevented, or Nazi Thug Cops harassing a man who has committed no crime and is exercising his rights.

Well, what do you you folks think? Should cops have responded? Should they have left him alone until he acted out? No crime had been committed when they responded. So, should they have even responded at all? (Remember, the ONLY crime committed was providing false ID, which only occurred after the police response.)

This is the problem I have expressed on the air about folks who simply want to “prove their point” about gun rights. Every fool that walks around with his gun displayed for the SOLE PURPOSE of filming the inevitable police response is clouding the future police response to someone who may very well be an active shooter about to begin. I can only assume that the suspect in this story exposed his pistol for all to see, otherwise, how would they have know to call the police? Unless Michigan is open carry friendly, which I do not know off the top of my head…

In Texas, is it legal to own/wear body armor? In most instances, yes. Is it legal to carry your pistol? With a valid CHL, yes. Is it legal to carry your rifle around? In most cases, yes.

But know that the police will probably be called if someone sees a gun, and the police will respond, and the police will probably treat you as a potential threat because they can not read your mind. They only know there is a “man with a gun” call being dropped. If they say, “well, carrying a gun around IS perfectly legal” and slowly respond, and it turns out to be an active shooter, lives are lost. If they respond fast and treat you as a potential threat, the worst that usually happens is bruised egos and the gun owner sues the cops… You could either end up with another Aurora Theater tragedy or another Mark Worley / CJ Grisham type incident. I wish cops were perfect. I wish cops could predict who is harmless and who is harmful. But we can’t. Should cops be polite and professional when confronting armed folks? Depends on the situation.

I know everyone has rights. I am pro second amendment, pro CHL, pro standard capacity magazines, pro AR rifles, pro ordering ammo online, pro gun in general and pro self defense. I just ask folks to look at the “damned if you do, damned if you don’t” situation you place the police into by walking around in some type of open carry. You have the right to do so, just be aware of what actions may result.

You tell us… Did the Michigan police handle this properly? Was a tragedy averted? Or, were this man’s rights violated?

-Jason