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Started By
Message
re: Cop stands up to gun nut in Texas.
Posted on 2/28/15 at 9:14 pm to texashorn
Posted on 2/28/15 at 9:14 pm to texashorn
quote:
I'm not reading this entire thread (not yet, at least), but for those saying "the police officer has to check out whether someone openly carrying a rifle -- legal in Texas -- is a felon." Do police officers have the right to pull over every car they encounter to check to see whether the driver is licensed? Absolutely not. See Brown v. Texas for a clue. My argument is separate from drivers license checkpoints, which are random and less far-reaching.
I don't think people are advocating that cops stop every person open carrying a firearm. I would suggest cops use common sense. In this case, you see a man walking in downtown Houston with an AR-15. There are two likely scenarios here, 1. He's a wacko and is about to shoot up some place, or 2. He is seeking attention from the cops so he can make his little video. Either way, I have no problem with the cops questioning him.
If cops start stopping people with pistols on their hips, or people walking with rifles in rural areas, then I can buy this argument.
2
Posted on 2/28/15 at 9:22 pm to UpToPar
If someone is walking around in your subdivision with an AR, would u want a cop to stop and ask? Why certainly
The guy should have gotten a ticket for having no ID.
The guy should have gotten a ticket for having no ID.
Posted on 2/28/15 at 9:34 pm to UpToPar
quote:
If cops start stopping people with pistols on their hips, or people walking with rifles in rural areas, then I can buy this argument.
Indeed, they have.
Video link
LINK
quote:
The guy should have gotten a ticket for having no ID.
There is no Texas law stating that people must carry identification when in public, other than driving or in a state park (I think that's right about the park).
In fact, you are not required to verbally identify yourself in Texas to a police officer "just for the hell of it."
quote:
Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
Posted on 2/28/15 at 9:37 pm to prplhze2000
Attention whores. Like the Kardashians. Probably sprinted home to upload the video of their brilliant achievement, then had a big circle jerk with all their others 2A "Patriot" buddies. "OMG dude, you totally told that cop off!"
Posted on 2/28/15 at 9:37 pm to prplhze2000
Open Carry Texas is a disgrace.
Posted on 2/28/15 at 9:38 pm to Mung
quote:
Attention whores. Like the Kardashians. Probably sprinted home to upload the video of their brilliant achievement, then had a big circle jerk with all their others 2A "Patriot" buddies. "OMG dude, you totally told that cop off!"
Tell us... what state law did this man break?
Posted on 2/28/15 at 9:41 pm to lsufan112001
quote:
If someone is walking around in your subdivision with an AR, would u want a cop to stop and ask? Why certainly
I see people with guns in my neighborhood all the time. I am surrounded by gun enthusiasts and cops who go shooting in the woods behind our home. Technically that's illegal so like I said that isn't a good comparison. Also the government and private citizens should not be held to the same standards in terms to how they react to abnormal or intimidating behavior.
quote:
The guy should have gotten a ticket for having no ID.
So now you think walking on a sidewalk without an ID should be illegal. You're a fine American.
My point is that if carrying a gun is legal then doing so shouldn't be just cause to detain someone. It should have to be accompanied by erratic or belligerent behavior.
Posted on 2/28/15 at 10:43 pm to Asgard Device
This post was edited on 4/9/15 at 4:40 pm
Posted on 2/28/15 at 10:48 pm to texashorn
Nobody said he broke any laws. I still have no problem with the cop talking to a guy that is obviously weird and walking around with an AR-15 while wearing a dress.
Posted on 2/28/15 at 10:50 pm to Asgard Device
I got an AR. If I randomly walk around with it I have no problem with any questions being asked.
It's not a normal thing to do. The guy was wanting the attention and deservedly got it
It's not a normal thing to do. The guy was wanting the attention and deservedly got it
Posted on 2/28/15 at 10:54 pm to texashorn
quote:
Indeed, they have.
Well, I don't see any need to ID or question people carrying pistols unless it doesn't look right. My point is, I'm fine erring on the side of caution when it comes to questioning people walking around open carrying firearms. As long as it is a simply questioning and quick ID, I'm fine with it. It's when it gets to be long drawn out questioning, or questioning people in situations where open carry is openly accepted.
Posted on 2/28/15 at 10:56 pm to lsufan112001
I have two issues.
1. The open carrier was a douche. Us cops deal with enough of them, no doubt.
2. I don't agree with IDing someone for just "open carrying".
Why?
Jones v. Clark
No. 09-3574 (7th Cir. 2011)
"...An officer is not entitled to qualified immunity when they detain an individual and can't point to a single circumstance that could have led them to believe an individual was engaged in criminal activity, nor that any federal or state law can justify the stop or support the view that the individual was committing a crime...."
1. The open carrier was a douche. Us cops deal with enough of them, no doubt.
2. I don't agree with IDing someone for just "open carrying".
Why?
Jones v. Clark
No. 09-3574 (7th Cir. 2011)
"...An officer is not entitled to qualified immunity when they detain an individual and can't point to a single circumstance that could have led them to believe an individual was engaged in criminal activity, nor that any federal or state law can justify the stop or support the view that the individual was committing a crime...."
Posted on 2/28/15 at 11:37 pm to UpToPar
quote:
I'm fine erring on the side of caution when it comes to questioning people walking around open carrying firearms
I'm still curious about this distinction of open carry vs. concealed in terms of one being seen as a threat and the other not. Is it because you just don't see pistols as threatening behavior but you see carrying rifles as threatening behavior and cause for suspicion?
Do you think people with open-carry pistols should be questioned?
Posted on 3/1/15 at 12:42 am to lsu480
I have no problem with police initiating a consensual encounter to check a legal gun carrier's state of mind.
I do have a problem with the takedown and arrest that would likely ensue to said legal gun carrier if he or she simply didn't respond to police overtures for a consensual encounter, and walked away...
I do have a problem with the takedown and arrest that would likely ensue to said legal gun carrier if he or she simply didn't respond to police overtures for a consensual encounter, and walked away...
Posted on 3/1/15 at 1:31 am to UpToPar
quote:
Well, I don't see any need to ID or question people carrying pistols unless it doesn't look right.
In this day and age, no one open carrying a pistol in public "looks right"
Posted on 3/1/15 at 1:33 am to Five0
quote:
2. I don't agree with IDing someone for just "open carrying".
I agree, but when people start calling 911 to report the individual then police have to respond.
Posted on 3/1/15 at 3:54 am to Five0
quote:
I have two issues.
1. The open carrier was a douche. Us cops deal with enough of them, no doubt.
2. I don't agree with IDing someone for just "open carrying".
Why?
Jones v. Clark
No. 09-3574 (7th Cir. 2011)
"...An officer is not entitled to qualified immunity when they detain an individual and can't point to a single circumstance that could have led them to believe an individual was engaged in criminal activity, nor that any federal or state law can justify the stop or support the view that the individual was committing a crime....
What's the best way to handle this situation in your opinion? I think the officer stepped over the line when he legally detained him.
Posted on 3/1/15 at 6:49 am to SG_Geaux
quote:
In this day and age, no one open carrying a pistol in public "looks right"
What do you have against law enforcement officers?
Posted on 3/1/15 at 7:24 am to lsu480
quote:
Nobody said he broke any laws. I still have no problem with the cop talking to a guy that is obviously weird and walking around with an AR-15 while wearing a dress.
Nut job is walking around with an AR 15 and wearing a skirt scaring the F out of people. He's also sweating his arse off and quoting the Magna Carta or some such.
Loser is begging for attention and spoiling for a confrontation with "Big Brother". His arse needs to be locked up and medicated before he finally pops his cork.
Posted on 3/1/15 at 7:43 am to Srbtiger06
quote:
I get the constitutional deal BUT come the hell on. LEOs have to respond to shite like this because if they DON'T and someone shoots a place up then the department gets fricked. The cop didn't come looking for a fight. He was doing his job be responding to a call. This cop handles it perfectly. If you're raising awareness for an issue then that's cool, just say what you're up to.
fricking this.
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