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 ...
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
Bump
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?
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
Which to any police officer just means "visible".
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.
Thanks. Worth knowing.
“In a manner calculated to alarm.”
ah ....wheres the law against that????
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.
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.
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.
Disorderly Conduct is a “catch all” charge. And it is up to the officer’s discretion.
>> Police have charged him with disorderly conduct because he displayed a firearm “In a manner calculated to alarm.”
The sheer arrogance of statism.
“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.
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.
That all makes sense.
“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.
Are the police carrying in a manner to alarm?
Those sidearms they carry are really scary...
[Video] 63 Year Old Grandmother Shoots and Kills 16 Year Old Home Invader Armed With a Shotgun
Jan 7, 2013
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