Alexander Hamilton
Posted on 04/05/2013 1:49:33 PM PDT by chcknhawk
A Fort Hood soldier is fighting charges after he says police violated his gun rights, and he says they're still being violated weeks later.
(Excerpt) Read more at kcentv.com ...
Army Master Sergeant and well known blogger CJ Grisham says he never should have been arrested and his guns never should have been taken away.
On March 16, Grisham was on a Boy Scout hike with his son on a country road in west Temple.
He had a loaded assault style rifle strapped across his chest.
It was legal for him to carry, but a concerned citizen called police.
His Lawyer Kurt Glass says, "This was not a populated area. SGT Grisham was not threatening anyone."
Police say when their officer arrived, he tried to take Grisham's gun for the course of the investigation, but that Grisham refused.
Glass says, "We believe that SGT Grisham complied with police officers' request and was still arrested."
At some point, the cop drew his own weapon and pinned Grisham until backup arrived.
The officers then cuffed him, took his rifle, plus a concealed weapon with valid permit, and took him to jail.
Grisham's lawyer says Grisham wasn't told at that point what he was being arrested for.
"An officer has a right to disarm you for his safety if there is a problem, and what we're maintaining is that there was no problem," Glass said.
But a Temple Police spokesman says the officer did what he had to do to ensure his own safety.
CPL Chris Wilcox said, "Officers are people too. They have families, they want to go home and see those families. It would be very difficult for an officer to determine immediately who's a threat and who's not a threat when there's a gun involved, especially a high powered weapon, like an assault rifle."
He also says Grisham should have complied.
"The actions of the individual are what led to the arrest. If he feels that the officer acted inappropriately or acted in error, there is a judicial process that he's free to follow," Wilcox said.
In Sec. 411.207, state law says, "A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder."
On an online fundraising site Grisham created to cover his legal fees, he says quote "I am completely innocent of this and all charges, and time will show that I did nothing wrong besides stand up for my rights as an American."
Grisham's guns are still in evidence at the Temple Police Department.
State law says, "If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the officer shall seize the license holder's handgun and license as evidence," in Sec. 411.206.
His Lawyer says, "He's concerned about his ability to protect himself and his constitutional rights."
Right now Grisham is just fighting for his right to walk free.
An initial resisting arrest charge was reduced to interfering with a public official Monday.
Still the charge carries up to a $2,000 fine and six months in jail that would essentially end Grisham's military career.
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.207 (Texas Government Code Sec. 411.207)
Option A: Take away all of your firearms.
Option B: Arrange an "accident"...
TRANSLATION: "You might beat the rap, but you won't beat the ride."
He also tookon the Huntsville, AL school board over uniform requirements when he lived here.
Sgt. Grisham staged this conflict. Yes, he was within his rights, but that’s secondary to what happened here.
Sgt. Grisham went fishing for a fight and he got one.
How this advances the 2nd Amendment is beyond me.
“It was legal for him to carry, but a concerned citizen called police. “
“concerned” citizen....probably some left wing teacher.
Scott had never figured it could happen to him, either. The whole country has been changed to (almost) unrecognizable.
Yeah, you’re right. It was all his fault and the pigs didn’t do anything wrong.
Welcome to Gestapo nation. This is what this once free republic has become. A nation run by a communist dictatorship, which the people simply do not care. Americans today have absolutely NO IDEA what it cost this nation to get free and stay free. They have allowed those freedoms to be taken, EASILY, one by one by one and soon there will be none left. A total socialist dictatorship will be in place and as long as they get some free money and free telephones, the drug crazed population will be happy. Welcome to what used to be a free nation. If the founders saw what this nation had become, they would be loading the ships and moving on to found another nation. I no longer look upon this nation as a free nation, with citizens who actually care about the country. This country is filled with individuals who simply want someone to supply them with free money, free drugs, free booze, free homosex and large screen TV too watch reality shows. That is what makes them happy.
Sgt. Grisham staged this conflict. Yes, he was within his rights, but that’s secondary to what happened here.
Sgt. Grisham went fishing for a fight and he got one.
How this advances the 2nd Amendment is beyond me.
Key phrase: “A peace officer who is acting in the lawful discharge of the officer’s official duties...”
Was the cop acting lawfully?
This is why you need an elected constitutional sheriff in your county. The sheriff can make a determination if Grisham’s civil rights were violated by the cop. If they were, the cop can be arrested and charged.
That is no excuse for violating anyone's rights. Everyone remember; jury nullification.
CJ used to freep with us in DC. How about a chapter ping?
Remember CJ, from the milblog group?
Thank you for posting this article. This is another sad example of the unrealistic fear of guns taking hold in our nation. Some “concerned citizen” a.k.a a liberal who assumes anyone with a gun is a criminal. Followed up by an gun control cop who arrested this poor guy at gun point in front of his son no less.
Liberals need to learn that simply possessing a gun does not make an individual a criminal. Committing a crime makes you a criminal. This is why the Founding Fathers wrote the Second Amendment; so, the government and its agents cannot simply outlaw possessing firearms.
Taking away guns from normal, honest, non-violent citizens, stocking up on weapons and ammunition.
I can’t figure out what the gov is up to. Can you?
DC Chapter ping.
CJ joined us for quite a few Friday night Walter Reed freeps.
...we’ll have to wait to see if “the concerned citizen” is called to testify on what caused his/her knickers to get in such a wad. ....if there was ever a concerned citizen at all.
It may have been a rookie cop looking for attention....he may get it.
Et tu Texas?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.