Open Carry and the Police - Page 2
Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > Legal and Activism > Open Carry and the Police

Closed Thread
 
LinkBack Thread Tools Display Modes
Old 11-03-2012, 11:59 PM   #11
Moderator
FTF_MODERATOR.png
Feedback Score: 1 reviews
 
robocop10mm's Avatar
 
Join Date: Jul 2007
Location: Austin,Texas, by God!!
Posts: 10,068
Liked 2733 Times on 1431 Posts
Likes Given: 231

Default

Quote:
Originally Posted by USEBOTHHANDS View Post
as for "not showin an ID," it's a hot button topic. in all reality, you do not have to show ID to a public officer. IF YOU HAVE COMMITTED NO CRIME, or are not bein suspected of a crime, then they have no right to ID you, a US citizen.
Since you are apparently from Louisiana and I am not I will stick to Texas specific scenarios.

You "OC" a hand gun in Texas, off your property and outside of your vehicle, that is called Unlawfully Carrying a Weapon (or UCW). Unless you are a Peace Officer, open carry (of handguns) is NOT legal in Texas. One year in jail and $1000 fine.

Fail to Identify is multifaceted in Texas;

Refusal to gives ones name, home address and Date of Birth when lawfully arrested is a Class C Misdemeanor ($200 fine only). To do so when you are a "fugitive from justice" kicks that up to a Class B (6 months in jail).

Giving false information about your identity when you are arrested, detained or the officer has good reason to believe you are a witness to a crime is a Class B. Do so while a "fugitive from justice" and it gets kicked up to a Class A (1 year in jail).

What does it take to be considered a "fugitive from justice"? Any warrant for your arrest including that unpaid speeding ticket from 8 years ago.

What about OC of long guns? OC a slung long gun in most parts of Texas and you will hardly get a second glance. OC your AK in downtown Dallas (or Houston or Austin or Ft. Worth or any other major metropolitan area) and that WILL cause a ruckus. People will be alarmed and call 911. Then you get into a statute called "Disorderly Conduct" or DOC. Display a firearm or other deadly weapon in a public place in a manner calculated to alarm and you have violated this statute. This is only a Class C Misdemeanor, but it is what gets the ball rolling for the Fail to ID again.

Oh, and try the "I was just exercising my rights and walking down the street. I did not mean to alarm anyone". Not going to gain much traction with that. Walking down the street from your house to the dove field to go hunting? Sure, no problem. That is not a manner calculated to alarm. Carry your AR from your trunk to the gunshop to have it worked on? Not a manner calculated to alarm. Walk through downtown or the shopping mall with your slung tacticool SKS? Yeah, that is done to draw attention to yourself and your "cause" by alarming the sheeple. You are an idiot who is harming our gun rights (mine included so I kind of take it personally).
__________________

In life, strive to take the high road....It offers a better field of fire.
"Robo is right" Fuzzball

robocop10mm is offline  
6
People Like This 
Old 11-04-2012, 12:01 AM   #12
Feedback Score: 0 reviews
 
Join Date: Feb 2011
Location: West, by God, Funroe,Louisiana
Posts: 18,707
Liked 9203 Times on 5058 Posts
Likes Given: 74

Default

Quote:
Originally Posted by axxe55
... he see's a person with a firearm first and foremost....
Something I'd like to point out here in support of your observation.

It's very likely that the LEO is NOT responding to a call of "There's a well dressed gentleman strolling along the sidewalk with a holstered firearm in plain sight"...

It's more likely someone that called the police, screaming "oh my God this guy has some huge scary looking gun and he's walking down the street, I don't know what he's going to do, oh my God please send help!"

So yeah. The popo is already expecting the worst.
__________________
trip286 is offline  
2
People Like This 
Old 11-04-2012, 01:14 AM   #13
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Location: Detroit,mi
Posts: 2,793
Liked 870 Times on 525 Posts
Likes Given: 193

Default

Michigan Open Carry strongly recommends anytime one open carries they have some sort of recorder going. After the Birmingham MI Open carry case, it really opened my eyes to the extend the PD would circle the wagons around their lying officer, who did it again a few weeks later, this time while it was being recorded. Luckily, the jury believed the witnesses over the LEO and sent the case packing.

I have a recorder on my phone that automatically streams to the web.

__________________
partdeux is offline  
 
Old 11-04-2012, 01:01 AM   #14
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Posts: 28,735
Liked 21581 Times on 12248 Posts
Likes Given: 53672

Default

exactly Trip! they have a report of someone with a firearm, and most anyone's reaction is to expect and prepare for the worst case scenario. to not do so would be foolish and possibly dangerous.

and in response to your comment about the video. i think they do it in hope of a confrontation to try and assert their rights and cause a ruckus. IMO again, has nothing to do with gun owners rights, and quite possible as Robo stated, about their 15 minutes of fame and glory! these idiots IMO are more detrimental to our gun rights than helpful.

being within your legal rights isn't always the same thing as being smart and using your head and common sense.

__________________
Axxe55 is offline  
 
Old 11-04-2012, 02:28 PM   #15
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Join Date: Oct 2012
Location: The Free State of Winston, AL
Posts: 3,034
Liked 1965 Times on 1161 Posts
Likes Given: 930

Default

Very interesting! I spent 30+ years in LE and am still doing it. I was a LEO for 26 years in CO, 6 years in AK, and now in AL. CO is an open carry state as a result of the state Constitution which specifically makes CC unlawful. The courts have changed this, but when the state constitution was ratified only 'dastardly' people hid their guns, real men did not (1876). AK and AL are both open carry BUT many LEO's in AL think they can enforce their 'law' not statutory law and it has come back to bite them.
I find it hard to believe that Texas, of all places, has laws against OC!!!
You would think that a state with a rich history of the 'frontier' would not have laws which violate the RTKABA's!!!!
I guess those in Texas need to get to work to chance this. As I said above OC in public is not advisable and defies common sense, but it is your RIGHT!!!!
That said, there is a problem with how LE is trained to handle these contacts. I went out of my way to train all those I was task to do so to not be 'afraid' of GUNS, but to consider the person and circumstances first.
We have an up hill battle in this area because the 'new' breed of cops are taught to be almost paranoid of any gun in the interest of 'officer safety'!

__________________

An armed society is not always a polite society, but it is a free and safe society!
Self Defense is an absolute and natural right!
Keep your head down and your powder dry!

JimRau is offline  
2
People Like This 
Old 11-04-2012, 02:35 PM   #16
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Posts: 28,735
Liked 21581 Times on 12248 Posts
Likes Given: 53672

Default

Quote:
Originally Posted by JimRau View Post
Very interesting! I spent 30+ years in LE and am still doing it. I was a LEO for 26 years in CO, 6 years in AK, and now in AL. CO is an open carry state as a result of the state Constitution which specifically makes CC unlawful. The courts have changed this, but when the state constitution was ratified only 'dastardly' people hid their guns, real men did not (1876). AK and AL are both open carry BUT many LEO's in AL think they can enforce their 'law' not statutory law and it has come back to bite them.
I find it hard to believe that Texas, of all places, has laws against OC!!!
You would think that a state with a rich history of the 'frontier' would not have laws which violate the RTKABA's!!!!
I guess those in Texas need to get to work to chance this. As I said above OC in public is not advisable and defies common sense, but it is your RIGHT!!!!
That said, there is a problem with how LE is trained to handle these contacts. I went out of my way to train all those I was task to do so to not be 'afraid' of GUNS, but to consider the person and circumstances first.
We have an up hill battle in this area because the 'new' breed of cops are taught to be almost paranoid of any gun in the interest of 'officer safety'!
thank you Jim for your viewpoint as a LEO. very well said and i am sure many of us here agree with your opinion.
__________________
Axxe55 is offline  
 
Old 11-04-2012, 03:27 PM   #17
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
locutus's Avatar
 
Join Date: Dec 2011
Location: Wyoming
Posts: 9,308
Liked 5705 Times on 3225 Posts
Likes Given: 5128

Default

I know there are exceptions, but most of the people who open carry in a city or town are just pathetic "little men" that want to feel "Macho" and feel ten feet tall when they strap on their gun.

If you don't believe me, just look at the weapons they usually carry.

.44 Magnum, .45ACP, 10MM, .45 Colt.

BIG guns for "little" men.

They don't like concealed carry, because the world can't see the "Big
Iron"
on their hip.

__________________
“We sleep safely at night because rough men stand ready to visit violence on those who would harm us.”


Winston Churchill
locutus is offline  
axxe55 Likes This 
Old 11-04-2012, 05:22 PM   #18
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Posts: 28,735
Liked 21581 Times on 12248 Posts
Likes Given: 53672

Default

Quote:
Originally Posted by BullseyePrecision View Post
bigger than yours.
that may or may not be true. but i can honestly say i don't own a Glock!
__________________
Axxe55 is offline  
 
Old 11-04-2012, 05:33 PM   #19
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Posts: 28,735
Liked 21581 Times on 12248 Posts
Likes Given: 53672

Default

Quote:
Originally Posted by BullseyePrecision View Post
that sucks, im sorry
not for me it doesn't! i have learned that there are much better choices and options than a Glock.
__________________
Axxe55 is offline  
2
People Like This 
Old 11-04-2012, 05:35 PM   #20
Feedback Score: 0 reviews
 
BullseyePrecision's Avatar
 
Join Date: Jan 2012
Posts: 348
Liked 16 Times on 14 Posts

Default

Quote:
Originally Posted by axxe55

not for me it doesn't! i have learned that there are much better choices and options than a Glock.
congratulations on that
__________________
BullseyePrecision is offline  
 
Closed Thread

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Difference between open carry and concealed carry ineverFTF Concealed Carrying & Personal Protection 8 08-31-2012 06:11 PM
Police Officers reaction to open carry PrimePorkchop Legal and Activism 25 08-23-2012 02:17 PM
Open carry at 16!! Jon12312 The Club House 25 12-03-2011 05:22 AM
Open carry...what police think about-it... LONGHAIR The Club House 99 12-01-2011 12:30 AM
Open Carry vs. Concealed Carry Debate Tony Soprano The Club House 31 08-06-2009 04:23 AM