Kind of disturbing to watch the videos.
http://radio.foxnews.com/toddstarne...ran-arrested-for-rudely-displaying-rifle.html
http://radio.foxnews.com/toddstarne...ran-arrested-for-rudely-displaying-rifle.html
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Army vet disarmed of his AR and 1911 by cop
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CoRoMo
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Rudely displaying a firearm...
Vet: Just because a guy's got a firearm, he's dangerous?
Cop: Yes sir.
Cop: When you alarm people and they called us then we can come ... and investigate.
Vet: Okay, did you explain to them what the law is, sir?
Cop: They don't care what the law is.
Vet: Just because a guy's got a firearm, he's dangerous?
Cop: Yes sir.
Cop: When you alarm people and they called us then we can come ... and investigate.
Vet: Okay, did you explain to them what the law is, sir?
Cop: They don't care what the law is.
CoRoMo
Member
News to me. Can you copy/paste the text of the new legislation that speaks toward open carry?
I know the legislature passed a magazine restriction, universal background checks, and a bill to implement a fee for the universal background checks. Which bill included language about open carry?
I know of at least one CO police department that disarmed an open carrier, was then sued, lost the suit and paid. In that regard, it doesn't look like trying 'the same thing in CO' means the cop is automatically 'in the right'. Do tell.
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the one that snuck through redefining a firearm to be a deadly weapon regardless of intent or use. HB 1043 pdf Combine that with existing laws regarding deadly weapons and open carry gets very grey.
Specifically:
Section (f) there comes down to judgment call and a cop can say "Tell it to the Judge." If there was a MWAG call, there was alarm. Was that alarm calculated, well that's the judgement call.
There are probably more areas in the code as well. That little redefinition had broad effects.
As for the OP, looks like he was open carrying a rifle and got a MWAG call. This evolved into contempt of cop which not too surprisingly led to more issues.
Specifically:
Section (f) there comes down to judgment call and a cop can say "Tell it to the Judge." If there was a MWAG call, there was alarm. Was that alarm calculated, well that's the judgement call.
There are probably more areas in the code as well. That little redefinition had broad effects.
As for the OP, looks like he was open carrying a rifle and got a MWAG call. This evolved into contempt of cop which not too surprisingly led to more issues.
We aren't the enemy, we are the citizens that the laws were written to protect. In times of strife, you can't suddenly decide that you chose to make up your own interpretation of the law. the cop acted as he was "large and in charge", and violated the laws of the state or city, he is employed by.
As long as the soldier was within his legal right to own and carry those weapons, the cop is wrong, and should be sued and reprimanded for excessive use of force, and illegally detaining a lawful citizen.
As long as the soldier was within his legal right to own and carry those weapons, the cop is wrong, and should be sued and reprimanded for excessive use of force, and illegally detaining a lawful citizen.
Oklacoyotekiller
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This is scary. If it can happen in Tx, it can happen anywhere. Goes to show not all conspiracy theories are theories.
CoRoMo
Member
It looks like it bans open carry.
Flynt
Member
Can someone cut & paste the Texas statute(s)?
SharpsDressedMan
member
I hope the guy was not doing anything that REALLY violated the laws, and that this case goes all the way up, so that it sets the limits on police harassment of people BEARING arms, but not otherwise posing a threat.
Rick O'Shea
Member
[QUOTEVet: Okay, did you explain to them what the law is, sir?
Cop: They don't care what the law is. ][/QUOTE]
Correct response: "Shouldn't you?"
Cop: They don't care what the law is. ][/QUOTE]
Correct response: "Shouldn't you?"
OldCavSoldier
Member
IMHO: Anybody who carries a firearm outside their clothing, and who is not working on a ranch or other such enterprise, is being extremely foolish. When bad-guys go into a place to rob it and the patrons, who does anybody think will be the FIRST people they shoot? Yes. The ones with the exposed guns.
So, keep your hardware hidden. Then, you can give the bad-guys a nasty surprise when they discover that they are not the only ones with a gun.
So, keep your hardware hidden. Then, you can give the bad-guys a nasty surprise when they discover that they are not the only ones with a gun.
loose noose
Member
Being a retired Police Officer, and noting a Sergeant at the scene, I would definitely suggest that Grisham had a huge civil suit handed to him. Unlawful detention, unlawful arrest, emotional distress, harrassment under color of authority, just to mention a few.
TAKtical
Member
Im pretty sure open carry is illegal in texas.
CoRoMo
Member
So... the bad guys can always, immediately, and discernibly notice an openly carried firearm on a person? Or is it that open carriers are always standing in the right position, right up front, at the entrance where the bad guys come in?
The guy carrying openly is never out of view, or his sidearm is on the other side of his body from the bad guys?
allaroundhunter
Member
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In Texas its illegal to expose firearms even in the country unless you re in a private land. But ouside the fenceline and in public roads , that is a no no.
I guess its now the discretion of the cop to take it from there if you resist to obey their instructions. Its quite tricky from then on.
The best thing to do if you are armed in open country is to act in an unaggressive manner in the presence of LEOs. Seasoned cops and sheriffs are sometimes leery of people with guns. Its good this incident was recorded on video
I guess its now the discretion of the cop to take it from there if you resist to obey their instructions. Its quite tricky from then on.
The best thing to do if you are armed in open country is to act in an unaggressive manner in the presence of LEOs. Seasoned cops and sheriffs are sometimes leery of people with guns. Its good this incident was recorded on video
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loose noose
Member
From what I understood they were in a rural area where their hike was beginning, and vicious animals were known to roam.
krupparms
Member
Unfortunately a law suite willnot do much good! The LEO s are protected by the law & a insurance company will pay! The police are exempt from prosecution! I have had to take a similar matter to federal court! Only I was inside my home .The LEO who disarmed me & entered my home without a warrant or probable cause told me "It was the law of officer safety that let him violate my rights"! Don't look for justice! It left along time ago!
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