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Charges Dropped Against Open Carry Activist in Texas
Gun Watch ^ | 10 September, 2016 | Dean Weingarten

Posted on 09/17/2016 4:31:22 AM PDT by marktwain



On 27 February, 2016, Brett Sanders was arrested while openly carrying a firearm in Texas.  He had refused to show the officers of the Southlake, Texas, Police Department, any identification or a Texas carry permit.  Brett Sanders is an open carry and liberty activist.




Link to video on Youtube

The legal ability of Texas police officers to demand to see a carry permit of people openly carrying firearms, was hotly debated during the passage of the law that restored the right to openly carry modern pistols in Texas.

A clause stating that officers could not demand a permit without probable cause was removed during the debate. Some legislators claimed the clause was redundant; that it was already settled law that the police could not demand a permit without probable cause.  Others claimed that police could demand to see a permit for anyone openly carrying.  The issue was not resolved in the legislation. 

Brett Sanders appears to be one of the first arrested for refusing to show a permit while openly carrying a modern handgun under the new law. There may be others that I have not heard of.

Sanders used Cell411 to record the incident. Cell411 is an app that livestreams video from the cell phone to a group of people that you designate. From Cell411:
Cell 411 allows you to create custom cells or groups of your friends, neighbors or family members and alert them whenever you need help; they will receive your exact location with turn-by-turn directions to come and assist you. Whether you have a flat tire, you find yourself in danger or need medical assistance, you can leverage the power of large groups of trusted people to call for help and receive it. We even support public groups that allow entire cities, companies or neighborhoods to join and collaborate on solving emergencies in real time.
The response from the group of activists to Sanders case was so quick and effective, that it delayed an attorney from getting out on bail for a few minutes.  From brettsanders.me
Thanks to Cell411, I was able to livestream my location and video of the entire arrest which mobilized a massive outpouring of support and angry calls to the jail where I was being caged. So many calls were pouring in that it actually delayed my lawyers efforts to bail me out –well worth it in my opinion. Nonetheless, a friend of liberty and lawyer Alex Kim was able to coordinate my bond without any communication from me. I only spent two hours in a cage as a result.
Texas Law Shield took Brett Sanders case. He is one of their members. Sanders says that he does not have a Texas carry permit, but a few days ago, all charges against him were dismissed.  Sanders was willing to make this a test case of whether police could demand to see a carry permit, without probable cause to do so.  The prosecutor likely did not want this to be the test case.

I suspect this will be the trend in future cases.  If there are no circumstances that would combine with the open carry of a firearm to create probable cause, the police there is not probable cause.

Wisconsin Attorney General J. B. Van Hollen ruled that open carry was not disorderly conduct, and that police could not stop people who were openly carrying without some other factor being present. That ruling was in 2009, before the shall issue Wisconsin law was passed.  From jsonline.com:
His advisory was most clear on that point. "The Department (of Justice) believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge," the Republican attorney general wrote in the memo.
Other states have followed Wisconsin's lead, clearly stating that the mere open carry of a firearm is not disorderly conduct.

There are differences.  Open carry was always legal in Wisconsin, even if the police in metropolitan areas had effectively banned it by charging open carriers with disorderly conduct.

In Texas, the open carry of a modern pistol was made illegal during Reconstruction in 1869.

I suspect the Wisconsin interpretation will eventually triumph in Texas.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch


TOPICS: Government; History; Politics; Society
KEYWORDS: banglist; brettsanders; opencarry; tx
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No test case yet, on whether the police need probable cause to stop a person openly carrying a modern pistol in Texas.
1 posted on 09/17/2016 4:31:22 AM PDT by marktwain
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To: marktwain

If we lose Texas, we lose it all


2 posted on 09/17/2016 4:41:47 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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To: marktwain

What they didn’t mention in the article was that the gentleman who was arrested will most likely sue the city that arrested him. And will likely prevail.

We had a rash of these sorts of cases I guess about 10 years ago in Virginia. After paying out several 5 figure settlements, most cities have wisely decided to knock it off. Plus open carry is now more common.


3 posted on 09/17/2016 4:45:28 AM PDT by RKBA Democrat (Make phone calls. Knock on doors. Write letters. Or wake to a nightmare in November)
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To: marktwain

So am I understanding correctly. In order to open carry in Texas you must have a CCW permit?


4 posted on 09/17/2016 4:50:37 AM PDT by mad_as_he$$
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To: mad_as_he$$

It’s that way in GA too, the last I looked.


5 posted on 09/17/2016 4:57:18 AM PDT by FreedomPoster (Islam delenda est)
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To: marktwain

It’s a sure sign of a police state, when the LEOs don’t have a clue about The Law, aka The Constitution, but instead are used to keep the sheep in line on the way to the abattoir.


6 posted on 09/17/2016 5:01:49 AM PDT by rawcatslyentist (And God said, Let the earth bring forth grass, the herb yielding seed,)
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To: mad_as_he$$

Now referred to as a License to Carry, either openly or concealed.


7 posted on 09/17/2016 5:02:04 AM PDT by TADSLOS (Vote Trump. Defeat the Clinton Crime Syndicate. Reset America.)
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To: TADSLOS

Thanks.


8 posted on 09/17/2016 5:03:53 AM PDT by mad_as_he$$
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To: FreedomPoster

About 15 states require permits for open carry.

I believe 30 states do not require a permit.


9 posted on 09/17/2016 5:06:41 AM PDT by marktwain
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To: marktwain

Individuals who open carry are not the ones law enforcement should be worried about. By open carrying, those doing so bring immediate attention to themselves which is something those with evil intent would certainly avoid at all cost. Thus, concealed carry bring ZERO attention, why open carry?


10 posted on 09/17/2016 5:20:38 AM PDT by DaveA37
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To: teeman8r

>>If we lose Texas, we lose it all<<

I can assure you, Texas has moved even more conservative over the last decade. With Gov. Abbott and Lt. Gov. Dan Patrick leading the state, you’ll see even more conservative legislation coming from this government in the coming legislative session.

God bless Texas! Texans bless God!


11 posted on 09/17/2016 5:28:34 AM PDT by servantboy777
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To: DaveA37
>>...concealed carry bring ZERO attention, why open carry?<<

Consider a person stopping to pump gas late evening or round midnight in a not so great part of town. A couple of pumps over, you have a thug contemplating a thump.

The open carrier turns to pick up the pump handle, exposing the weapon in a holster....the thug sees it, the two briefly lock eyes.

You've just thumped, the thump. It is likely the perp will go about his business...to live for another day.

For every instance of concealed carry, I can think of an instance to open carry....and I've not open carried once. I prefer concealed, but fully support those who carry openly.

12 posted on 09/17/2016 5:36:17 AM PDT by servantboy777
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To: servantboy777

“For every instance of concealed carry, I can think of an instance to open carry....and I’ve not open carried once. I prefer concealed, but fully support those who carry openly.”

I agree with you, and your example about late night at a gas pump is perfect.

As a young kid visiting a fiends farm in Wisconsin, I encountered for the first time a man carrying a six shooter on his hip. He had been out and about his neighboring farm and just stopped by to get an early morning cup of coffee. I remember thinking how cool it was that he had that revolver in a holster on his hip. Nowadays I’m a bit divided about some who choose to openly carry modern semiauto rifles into public places just for the heck of it. Yeah, they’re making a political point, but I’m not sure they’re helping the cause so much. If they open carried a pistol on their hip to make the same point I’m all for it. Like you, I usually prefer to carry concealed, at least most of the time while in public.


13 posted on 09/17/2016 5:51:47 AM PDT by Carthego delenda est
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To: servantboy777

Didn’t work with this Deputy....RIP.
Before y’all pounce all over me, I get it that an ambush can happen to anyone, LEO or civilian, OC or CCW. I live in TX and have CCW. I have only seen open carry once and that was at a Home Depot. I don’t see the sense of OC in most circumstances, but that is my opinion and choice.

http://www.wthr.com/article/houston-police-officer-ambushed-at-gas-station-was-shot-15-times


14 posted on 09/17/2016 5:59:23 AM PDT by OCMike
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To: servantboy777

Amen!


15 posted on 09/17/2016 6:02:16 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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To: Carthego delenda est
I prefer semi-concealed as the weather begins to cool. Wearing a T-shirt tucked and a long sleeve flannel untucked, open in the front to cover my firearm holstered on my side.

There is no need to cause folks to freak if you don't have to. For instance, going shopping at the local mall or toy store...conceal the damn weapon. lol

I've already seen two old men open carrying down in Alvin, Texas at a lil diner for breakfast. The place didn't go into panic, no one even gave it second thought.

I am ok with it.

16 posted on 09/17/2016 6:03:19 AM PDT by servantboy777
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To: OCMike
>>Didn’t work with this Deputy....RIP.<<

Not a pounce. Understand your premise, but it is wrong in regards to open carry.

The guy that shot this deputy was looking to shoot a deputy. This officer could have been standing there without his duty belt/weapon, just his uniform and the perp would have seen him as the target still.

This deputy was a lil pre-occupied. He wasn't thinking of a possible ambush, he was thinking of meeting his mistress. That is the reason he was where he was. He became careless.

17 posted on 09/17/2016 6:11:18 AM PDT by servantboy777
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To: TADSLOS

License to Carry is the Second Amendment.


18 posted on 09/17/2016 6:43:05 AM PDT by onedoug
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To: onedoug

No argument there.


19 posted on 09/17/2016 7:08:40 AM PDT by TADSLOS (Vote Trump. Defeat the Clinton Crime Syndicate. Reset America.)
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To: servantboy777

Are there any plans (by anyone) or attempts to make Texas a Constitutional Carry state?


20 posted on 09/17/2016 7:22:08 AM PDT by july4thfreedomfoundation (You can't spell TRIUMPH without TRUMP)
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