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TX:Man who carried AR-15 on his back inside mall says charges not warranted
12newsnow.com ^ | 3 January, 2014 | Agustin Garfias

Posted on 01/07/2014 6:06:34 PM PST by marktwain

BEAUMONT -

A Beaumont store owner charged with disorderly conduct insists he never broke the law and was just exercising his second amendment rights.

On Dec. 28, Derek Poe stopped by GameStop in Parkdale Mall before going to the store he owns in the mall, Golden Triangle Tactical. While at GameStop, he was stopped by police officers and the AR-15 that was slung around his back was seized.

Poe says he was just exercising his right to open carry a long rifle.

Police have charged him with disorderly conduct because he displayed a firearm "In a manner calculated to alarm."

Poe disagrees saying his rifle was facing barrel down on his back and his hands weren't even on the gun.

(Excerpt) Read more at 12newsnow.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Texas
KEYWORDS: banglist; derekpoe; guncontrol; opencarry; tx
Several courts have held that the open carry of a firearm is not disorderly conduct. Texas law appears to be specific, requiring that the arm be displayed in a manner calculated to alarm.

As the firearm was slung across his back, it is hard to see how it could be less "alarming".

The Texas constitution protects the right to bear arms, but because of reconstruction, pistols and knives were put into a category to be regulated. Long guns were not included.

 History of Texas Constitution and Current Open Carry Activism

1 posted on 01/07/2014 6:06:34 PM PST by marktwain
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To: marktwain

Bump


2 posted on 01/07/2014 6:07:40 PM PST by Jet Jaguar
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To: marktwain

If some yahoo had shot the place up and this guy had put him down before shooter could hurt someone, would he be prosecuted for murder?


3 posted on 01/07/2014 6:09:02 PM PST by FreedomStar3028 (Evil must be punished.)
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To: marktwain

libtards have fogured out a new scheme against gun owners

they claim they were ‘scared’ and so you have to be arrested.

You dont even need to give your name


4 posted on 01/07/2014 6:15:16 PM PST by Mr. K (If you like your constitution, you can keep it...Period.)
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To: marktwain
requiring that the arm be displayed in a manner calculated to alarm.

Which to any police officer just means "visible".

5 posted on 01/07/2014 6:16:08 PM PST by grobdriver
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To: marktwain

The guy owns a gun store in the mall, and carried it that way for 2 years to and from opening and closing his “tactical” shop. At least, that is my understanding.


6 posted on 01/07/2014 6:18:16 PM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: marktwain
How many flash-mob lootings did this mall have while someone was visibly armed? Yup, thought so.
7 posted on 01/07/2014 6:25:40 PM PST by CrazyIvan (Obama phones= Bread and circuits.)
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To: Travis McGee

Thanks. Worth knowing.


8 posted on 01/07/2014 7:31:50 PM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

“In a manner calculated to alarm.”

ah ....wheres the law against that????


9 posted on 01/07/2014 7:37:40 PM PST by MeshugeMikey ( a Safe..and Sane....2014 To All!)
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To: FreedomStar3028
If some yahoo had shot the place up and this guy had put him down before shooter could hurt someone, would he be prosecuted for murder?

Moot point: When the cops show up, minutes after the shooting, this fellow would be the first person they shoot. And his dog if he had one.

10 posted on 01/07/2014 7:38:30 PM PST by Cyber Liberty (H.L. Mencken: "The urge to save humanity is almost always a false front for the urge to rule.")
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To: marktwain

explain how not to carry to cause alarm. it’s a subjective phrase, and apparently someone was alarmed. anyone can be alarmed about anythig. that’s why they go hysterical seing someone with a weapon just walking around. i’m more concerned about cops than ccw or open carry people.


11 posted on 01/07/2014 8:24:59 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: FreedomStar3028

the bottom line is people carry to protect themselves, not act like policemen. if everyone else wants to walk around unarmed and just hope nothing bad happens to them, they totally and freely make that decision. i am not a police officer, i am not a wannabe leo, the gun is my last resort if i am in immediate deadly danger that i can’t avoid.

not for a bunch of people the next store over.

i am not going to be mistaken for a criminal psychopath and get gunned down by cops, who shoot first and ask questions after they’ve made sure you’re dead.


12 posted on 01/07/2014 8:32:06 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: marktwain

Disorderly Conduct is a “catch all” charge. And it is up to the officer’s discretion.


13 posted on 01/07/2014 9:02:30 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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>> Police have charged him with disorderly conduct because he displayed a firearm “In a manner calculated to alarm.”

The sheer arrogance of statism.


14 posted on 01/07/2014 9:29:06 PM PST by Gene Eric (Don't be a statist!)
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To: marktwain

“In a manner calculated to alarm.”
If they really said this, every liberal democrat and RINO republican in our government should be arrested for anything a conservative can make up.


15 posted on 01/07/2014 9:44:03 PM PST by Nitehawk0325 (Liberal democrats have the ability to screw us over a number of times for the same thing.)
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To: Gene Eric
When my friends come to my home most of them are armed. We shoot together on my rifle range. Their arms do not alarm me but make me feel safe.

If I saw them walking down the street with a rifle “slung and barrel down” my reaction would be, they are making a point about the “right to keep and bear arms.” It would not alarm me but it would make me feel safe.

When a bad guy wants to make mayhem and murder, you do not see his weapons until he chooses to use them.

Honest men and women whom bear arms be they concealed or in the open are not to be feared. They are our protectors. They make me feel safe.

16 posted on 01/07/2014 11:18:23 PM PST by cpdiii (Deckhand, Roughneck, Mud Man, Geologist, Pilot, Pharmacist. THE CONSTITUTION IS WORTH DYING FOR!)
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To: cpdiii

That all makes sense.


17 posted on 01/08/2014 12:02:31 AM PST by Gene Eric (Don't be a statist!)
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To: Secret Agent Man; All

“explain how not to carry to cause alarm. it’s a subjective phrase, and apparently someone was alarmed. anyone can be alarmed about anythig. that’s why they go hysterical seing someone with a weapon just walking around. i’m more concerned about cops than ccw or open carry people.”

You are correct. It is subjective, and would allow any crazy to go around terrorizing the neighborhood by claiming that anyone he disliked “alarmed” him.

But, I believe the law says:

“In a manner calculated to alarm.”

Which would indicate to me that one of the elements of the “crime” would be that the person carrying had intent, i.e. “calculated” to cause alarm.


18 posted on 01/08/2014 4:53:59 AM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain

Are the police carrying in a manner to alarm?

Those sidearms they carry are really scary...


19 posted on 01/08/2014 5:03:04 AM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: marktwain

[Video] 63 Year Old Grandmother Shoots and Kills 16 Year Old Home Invader Armed With a Shotgun

Jan 7, 2013

http://gunssavelives.net/self-defense/video-63-year-old-grandmother-shoots-and-kills-16-year-old-home-invader-armed-with-a-shotgun/


20 posted on 01/08/2014 6:50:28 AM PST by KeyLargo
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To: All

I think the three parties in this situation have combined to create one big snafu by their lack of common sense. Therefore I offer the following advice to keep this from happening in the future:

1. Citizen Rambo - You are within the law to carry and display your rifle in a non-threatening manner but expect the persons below may overreact. You may want to avoid GUN FREE areas and get a soft carrier to conceal your rifle while walking through public areas. When you shop, try not to wear any body armour, bondoleros, guns, knives, clubs, etc which might attract the unwarranted attention of the persons below.

2. Citizen Sheeple - Educate yourself, learn about the gun laws in your state. If you fear the sight of a gun or any weapon try to overcome these fears. There are people who can help you. If you cannot overcome these fears, shop only in designated GUN FREE areas. The person above and below has assured me he is here to help you and that you will be safe there.

3. Officer Friendly - Know that you are hired by the above persons to protect and serve them. Know the laws and administer them fairly. Expect them to overreact when you have to use SWAT teams, tanks, war wagons, flame throwers, assault rifles, tear gas, etc. to maintain order and peace. Be kind to animals (especially canine) and little children (they trust you).

If just one of these persons had used common sense, this situation could have been avoided. Excuse me while, I have to go change into my flame proof underwear. /s


21 posted on 01/08/2014 7:43:55 AM PST by Texicanus (Texas, it's a whole 'nother country.)
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To: marktwain

and in this case someone called the cops when there was no intent to do harm. again it’s subjective and any litard can claim it’s being carried in a manner to cause alarm. liberals just seeing the gun, period, causes them to be alarmed.


22 posted on 01/08/2014 8:12:17 AM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Texicanus
. Citizen Rambo - You are within the law to carry and display your rifle in a non-threatening manner but expect the persons below may overreact. You may want to avoid GUN FREE areas and get a soft carrier to conceal your rifle while walking through public areas

I found nothing in the article stating the mall was a "gun free zone" Beaumont is a small east Texas town, it would be an anomaly if the mall was such. Secondly he has a gun shop in that mall so he would know his rights as to the 2nd amendment. These charges will either be dismissed or he will demand a jury trial and found innocent (judged by my experiences in situations like this in the state of Texas). I would be surprised if the DA would waste any time on this!!

23 posted on 01/08/2014 8:29:34 AM PST by ontap
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To: ontap

I agree, unless signs were posted, he was permitted to carry his rifle into the mall. And since he didn’t threaten anyone by pointing or waving it around, he should not have been charged with anything.

If he had carried one into a GUN FREE mall intentionally or by mistake, he might have been subject to a charge. Even under those circumstances, he might not have been convicted of anything.

I find common sense has been thrown out the door because of all the leftists social engineering. This scenario was created to cast a negative light our constitutional gun rights. We can’t let them take our rights because of some lack of common sense or stupidity. You can’t legislate for that.


24 posted on 01/08/2014 10:12:15 AM PST by Texicanus (Texas, it's a whole 'nother country.)
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To: marktwain
In California it used to be legal to openly carry an unloaded firearm. Certain "pro-gun" people used to like to ostentatiously carry openly with no magazines in their weapons - they said, to "educate the sheep". Problem is, their pedagogic methods were not at all effective and they ended up frightening the "sheep" who called the police. Upon being told that the people carrying the guns were perfectly within their rights the "sheep" didn't call the police anymore. They called their state assemblymen.

Now it's not legal to openly carry an unloaded firearm in California anymore and life there sucks even more than it used to.

People who would use the ostentatious display of firearms to make a political point should be aware of this object lesson. Stunts like this could lead to the mall's posting a 30.06 sign. In order to "educate the sheep" you need to be smarter than "the sheep".

25 posted on 01/08/2014 10:55:49 AM PST by InABunkerUnderSF (Explain again, why don't you need to fill out form 4473 to buy a pressure cooker?)
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To: ontap

The left are brain washing the sheeple into believing that guns are bad and the root of many social issues which would be fixed if our guns were taken away. The issues are not caused by the majority of citizens who own guns and abide by the law, but by the minority who illegally own guns and violate the law.

When other countries have tried this, it has never worked. Leftists know there are no examples where it has. They also know that the constitution would have to be amended and ratified by 2/3 of the states. Instead they are trying to steal away our rights one piece of legislation at a time. Starting with gun control and ending with the elimination of all guns in the hands of citizens.

The wind has been blowing from right to left for too long. A change is due. Maybe after the November elections, the wind will begin to blow in a new direction.


26 posted on 01/08/2014 11:31:18 AM PST by Texicanus (Texas, it's a whole 'nother country.)
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To: marktwain

It’s one thing to be technically correct and another to be fundamentally stupid.

Openly carrying an AR-15 into a mall, no matter how it is held, qualifies for the latter.


27 posted on 01/08/2014 12:17:44 PM PST by Jedidah
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To: InABunkerUnderSF

Too late. The sheep in California are starting to reap what they have sown. I am afraid the good old days are gone and the change they voted for (twice) is upon them. Somebody on the leftist side in a similar situation described it as “the chickens are coming home to roost”. If so, I hope the incoming chickens don’t get run over by the sheep on their way out. The chickens are probably not going to stay anyway, because somebody stole their roosts while they were gone.

Good luck and keep your head down.

P.S. If I use that quote, does that make me a racist? Also I want to assure PETA that no animals (or birds) were harmed in this reply.


28 posted on 01/08/2014 12:44:52 PM PST by Texicanus (Texas, it's a whole 'nother country.)
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To: Travis McGee

It’s a tad sickening how many news articles you have to read on this incident before gleaning that little tid-bit...


29 posted on 01/08/2014 1:11:43 PM PST by Dead Corpse (I will not comply.)
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To: Jedidah
Your opinion is noted and will now be given the derision it deserves...


30 posted on 01/08/2014 1:15:17 PM PST by Dead Corpse (I will not comply.)
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To: marktwain

I hope he ends up collecting a whole lot of cash (enough to justify the time and stress, plus to discourage the thugs in uniform from abusing their power in the future). The taxpayers made a mistake tolerating this sort of police behavior or electing leaders who would act in this manner. It’s time for the taxpayers to pay for that mistake - and hopefully learn.


31 posted on 01/08/2014 3:46:11 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: InABunkerUnderSF; All

“Upon being told that the people carrying the guns were perfectly within their rights the “sheep” didn’t call the police anymore. They called their state assemblymen.”

I believe that it was the collectivist politicians who found out that open carry was legal, because it was not practiced for decades. Because it was not practiced, they were outraged that they had not made it illegal already, and did so at the first opportunity.

If you do not exercise your rights because you fear the consequences, they are already gone.


32 posted on 01/08/2014 4:05:07 PM PST by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: Travis McGee

Hi Travis,

Do you have a source for that? I’d caught that in passing as well and now one of the mods over on AR15.com is asking for a source. None of the online news stories I’m able to access from here have that bit of info in it.


33 posted on 01/10/2014 5:59:22 AM PST by Dead Corpse (I will not comply.)
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To: Dead Corpse

Found on Poe’s Facebook that he open carries from time to time and this is the first time he’s been rousted for it. No mention of the length of time he’s been doing it...


34 posted on 01/10/2014 7:31:05 AM PST by Dead Corpse (I will not comply.)
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To: Dead Corpse; Travis McGee

For what it’s worth dept..... take with a grain of salt.

The mall says that open carry prohibition has always been their policy so who knows.
The following article quotes a mall mgmt person.

Mall posts signs barring guns after rifle incident

http://www.beaumontenterprise.com/default/article/Mall-posts-signs-barring-guns-after-rifle-incident-5131044.php


35 posted on 01/10/2014 7:52:37 AM PST by deport
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To: deport

The Texas 30.06 signs only pertain to pistols.

Also, odd that a mall that houses this guys FIREARMS TACTICAL STORE would be anti-gun...


36 posted on 01/10/2014 8:41:55 AM PST by Dead Corpse (I will not comply.)
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To: Dead Corpse

The Texas 30.06 signs only pertain to pistols.


I think what the article was referring to was the mall code of conduct that
is posted at all entrances. The code specifially states:

20.Carrying or displaying weapons of any kind except those carried by certified
law enforcement officers in the performance of their duties.

http://www.parkdalemalltx.com/code-of-conduct


37 posted on 01/10/2014 9:12:37 AM PST by deport
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To: deport
But... They allowed a

GUN STORE

to sign a lease with them.

You don't see the disconnect there?

38 posted on 01/10/2014 11:39:43 AM PST by Dead Corpse (I will not comply.)
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To: Dead Corpse

May be a disconnect but their policy isn’t that guns aren’t permitted. You just
can’t open carry or that is the way their code reads. The guy signed a lease
so he should have been aware also assuming he bothered to read it.


39 posted on 01/10/2014 11:51:32 AM PST by deport
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