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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: 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: 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: 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: 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: 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: 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: 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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