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Men Behind ‘Open Carry’ Demonstration in Texas Charged with Crimes Even Though What They Did Wasn’t
The Blaze ^ | 30 August, 2013 | Jason Howerton

Posted on 09/01/2013 6:50:49 PM PDT by marktwain

Edited on 09/01/2013 6:53:02 PM PDT by Sidebar Moderator. [history]

The three men behind an “open carry” demonstration conducted outside of a San Antonio Starbucks are each facing charges of “disorderly conduct” because some observers reportedly complained about the stunt.

The group posted video of the entire demonstration, which included a disagreement with police officers, on YouTube. The men were seemingly well within their rights.Under Texas law, open carrying a rifle is not illegal as long as the gun is not loaded.


(Excerpt) Read more at theblaze.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Texas
KEYWORDS: banglist; guncontrol; opencarry; sanantonio; secondamendment; tx
Under this fascist, yes, that *is* what he is, police chief's theory, anyone can be arrested for anything if he makes one person feel "threatened" regardless of facts, the law, or common sense.

No one has the "right" not to be "uncomfortable" because that is an impossible standard to meet, being totally subjective.

To enforce such a standard is to give way to the subjective rule of men, and not of law.

That was what happened in Wisconsin, Virginia, Michigan, and other States, but the courts unanimoustly ruled that mere open carry of a gun is *not* disorderly conduct.

If it were, police would be in violation of the law all the time.

We will see if the Texas courts have any integrity. Open carry of long guns is directly protected by the Texas Constitution, though it has routinely been abused and ignored for decades, mostly for lack of use. If you fail to exercise your rights, this is what happens when you wish to use them.

I will have to research the "must be unloaded" comment.

Come and Take It Means to Restore Open Carry

1 posted on 09/01/2013 6:50:49 PM PDT by marktwain
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To: marktwain

So the chief needs to be arrested because he makes me feel threatened.


2 posted on 09/01/2013 6:53:19 PM PDT by Darksheare (Try my coffee, first one's free.....)
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To: Darksheare

You are exactly correct. Under the Police Chief’s theory, anyone can be arrested anytime, if someone says they feel threatened... except of course, the police, because they get to decide which “feelings” get to be backed up by police guns.

(I sent the moderator a message that I forgot to check the excerpt box. There is a link to the video of the event at the original article)


3 posted on 09/01/2013 6:56:40 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: Darksheare
So the chief needs to be arrested because he makes me feel threatened.

Yeah, me, too. Let's take him to court for a bundle. It might help him start to commence to begin to understand the concept of arbitrary and capricious.

4 posted on 09/01/2013 6:59:23 PM PDT by Standing Wolf (No tyrant should ever be allowed to die of natural causes.)
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To: marktwain

Cops love to show their authority, even when they don’t have it.


5 posted on 09/01/2013 7:01:46 PM PDT by Venturer ( cowardice posturing as tolerance =political correctness)
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To: Standing Wolf

If nothing else he’d finally understand malicious and vexatious persecution.
Though I doubt that he’d figure it out without a picture book illustrating it.


6 posted on 09/01/2013 7:02:07 PM PDT by Darksheare (Try my coffee, first one's free.....)
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To: marktwain

Doh!
That box does nail people.

Wonder if chief there would figure it out when complaints come in about him being threatening.


7 posted on 09/01/2013 7:04:33 PM PDT by Darksheare (Try my coffee, first one's free.....)
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To: marktwain

He’s no friend of gun owners, trust me.

McManus has more than 30 years of experience in law enforcement.

He previously served as the Chief of Police for the Minneapolis
Police Department where he rebuilt the departmental
infrastructure and provided new direction and leadership to a
1,200-member department. McManus also has served as the
Chief of Police in Dayton, Ohio, from 2001 to 2003. He started
his career in law enforcement in 1975 with the Metropolitan
Police Department in Washington, D.C., where he served in a
full range of patrol and investigative assignments that included
internal and criminal investigations, narcotics, and tactical positions.
McManus also served as Assistant Chief of Police for the
Washington D.C. Metropolitan Police Department from 1998 to 2001.


8 posted on 09/01/2013 7:18:00 PM PDT by sockmonkey (Of Course I didn't read the article. After all, this is FreeRepublic..)
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To: Darksheare; All
Police Chief William McManus is a transplant from Minneapolis, where he showed his anti-Second Amendment bias.

Here is a quote from a Minneapolis gun turn in event in 2006:

"Police Chief William McManus was on hand for the kick-off and said those turning in guns need not fear law enforcement. "There's absolutely no one who will turn in a gun who will be fingerprinted, ID'd or questioned."

McManus added, "For every gun not turned in there's a possibility a life that will be lost on the street."

http://www.freerepublic.com/focus/f-news/1570231/posts

9 posted on 09/01/2013 7:18:04 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

FWIW, the Bexar County (San Antonio) Sheriff was a Tea Party supported Candidate, and she’s a Republican.


10 posted on 09/01/2013 7:19:35 PM PDT by sockmonkey (Of Course I didn't read the article. After all, this is FreeRepublic..)
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To: marktwain

He needs to go back home to “Minny apple a..”


11 posted on 09/01/2013 7:19:40 PM PDT by Darksheare (Try my coffee, first one's free.....)
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To: sockmonkey; All

It is sad that the people of San Antonio are saddled with this authoritarian police chief.

But, San Antonio is a Democrat stronghold, I guess, and the people their voted for the administration that they got.


12 posted on 09/01/2013 7:20:24 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

two dudes ****ing makes me feel uncomfortable so why can’t we charge homos for disorderly conduct?


13 posted on 09/01/2013 7:20:53 PM PDT by RC one
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To: Darksheare; All
Looking at post 8 by sockmonkey, it appears that he spent most of his career in D.C.!

No wonder he is authoritarian. During that time people were not allowed to legally own pistols in D.C. That was the law that was overturned in Heller, by the Supreme Court.

This guy grew up in a legal environment that specifically ignored the existence of the Second Amendment.

14 posted on 09/01/2013 7:29:47 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

Yeah, and he has not gotten past it yet.
Never will either apparently.


15 posted on 09/01/2013 7:38:40 PM PDT by Darksheare (Try my coffee, first one's free.....)
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To: Darksheare

I truly believe most cops agree with the chief. They are not on our side.


16 posted on 09/01/2013 7:43:17 PM PDT by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: VerySadAmerican

Looking at the reaction in Boston and Dorner’s California misadventure where uninvolved people “got the full service treatment”, it appears so.
The ones on our side are few and far between.


17 posted on 09/01/2013 7:47:43 PM PDT by Darksheare (Try my coffee, first one's free.....)
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To: Darksheare
If nothing else he’d finally understand malicious and vexatious persecution.
Though I doubt that he’d figure it out without a picture book illustrating it.

Fine. Fire his arrogant mug and replace him with a Texan.

18 posted on 09/01/2013 7:56:55 PM PDT by Standing Wolf (No tyrant should ever be allowed to die of natural causes.)
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To: sockmonkey
He’s no friend of gun owners, trust me.

NO cop is a friend of gun owners

19 posted on 09/01/2013 8:11:43 PM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: marktwain

Under this fascist, yes, that *is* what he is, police chief’s theory, anyone can be arrested for anything if he makes one person feel “threatened” regardless of facts, the law, or common sense.

They better stop lockin up a whole of Police, FBI,Homeland Security and especially the damned TSA because they fit that description. Just ask yourself, when the police show up do you more often feel safer or anxious.


20 posted on 09/01/2013 8:12:02 PM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: Standing Wolf

Seconded!


21 posted on 09/01/2013 8:46:24 PM PDT by Darksheare (Try my coffee, first one's free.....)
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To: from occupied ga; All
NO cop is a friend of gun owners

Not true. Look at Sheriff Clarke of Milwaukee: Milwaukee Sheriff:"Return firearms within 48 hours when cleared for self-defense"

22 posted on 09/01/2013 8:55:45 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

But, San Antonio is a Democrat stronghold, ...
************************
That’s why they elected a radical, racist Mayor...Castro. He probably had a hand in hiring this doofus McManus.

Conservative Texans need to do whatever they can to dump Castro and his twin brother.

marktwain... Thanks for posting all of your interesting items!


23 posted on 09/01/2013 9:05:23 PM PDT by octex
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To: octex

San Antonio is a democrat-controlled city. Bexar County, where San Antonio is co-located, is a battle-ground county 50-50. Gun owners know that San Antonio and Bexar County PDs are anti-gun, especially anti-open carry.


24 posted on 09/01/2013 10:12:37 PM PDT by 3Fingas (Sons and Daughters for Freedom and Restoration of the Republic)
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To: octex

You are welcome.


25 posted on 09/02/2013 4:19:30 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

You can trust anyone you want, but personally I’ll go with my previously stated premise No cops are friends of gun owners.


26 posted on 09/02/2013 7:14:40 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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Bookmarking.


27 posted on 09/02/2013 7:16:04 AM PDT by RandallFlagg (IRS = Internal Revenge Service)
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To: from occupied ga

How many cops would refuse an order to begin gun confiscation?

When their job is on the line?


28 posted on 09/04/2013 9:31:47 AM PDT by hoosierham (Freedom isn't free)
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To: hoosierham

I truly worry the purpose of all these SWAT teams is crushing any resisters of confiscation.


29 posted on 09/04/2013 9:33:31 AM PDT by hoosierham (Freedom isn't free)
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To: hoosierham
How many cops would refuse an order to begin gun confiscation?

Well it hasn't been widely tested, but going by historical precedent, I'd say NONE.

30 posted on 09/04/2013 9:39:10 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: marktwain

It seems to me that he should be a prime target for a civil rights lawsuit. Instead of a punitive suit, though they should ask for court and lawyers costs, it should ask for an injunction against the police department against arresting anyone for “disorderly conduct” without reasonable cause, which does not include open carry of firearms.

Importantly, this should be an open injunction, so that if someone is detained or arrested for open carry, the chief of police can be immediately called before that bench, to answer to a contempt of court hearing (no jury).


31 posted on 09/04/2013 9:43:23 AM PDT by yefragetuwrabrumuy (The best War on Terror News is at rantburg.com)
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To: yefragetuwrabrumuy

Good idea. I suspect a lawsuit is in the works. These people have an organization, they have lots of precident to look up on the Internet, and lots of incentive to get it right.

I just hope that they find and hire competent counsel.


32 posted on 09/04/2013 10:35:27 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain
For all the talk of Texas' supposed gun friendliness, it sure has some crazy gun laws. Only long guns can be open carried, and only if not loaded? Seriously, what good is that?

Even Oregon, under hard left occupation for decades, is a thousand percent better in the realm of gun laws.

While I consider Texas the greatest state in the country, the truth is there is still room for improvement.

33 posted on 09/08/2013 9:51:26 AM PDT by Clinging Bitterly (I will not comply.)
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