Original article here. A woman claimed she was 'freaked out' by some guys legally carrying firearms. Apparently that's a crime in itself. So MDA members are going to start calling the police because 'A few arrests will make everyone rethink what they are doing'. Right back atcha' since filing a false report is a crime as well.
9 comments:
Can the gun owners who were harasssed about their civil rights and illegally arrested pursue civil lawsuits against the city, police, and the complainant using 18USC?
Texas "Disorderly Conduct", PC 42.01, charge is a huge officer discretion call.
The only part even REMOTELY applicable in this case would be 42.01(a)(8)that states it is an offense if a person intentionally or knowingly: " displays a firearm or other deadly weapon in a public place in a manner calculated to alarm".
It is apparent to me that these guys werent displaying in a manner " calculated to alarm".
I expect a decent attorney will get the charge dropped because they were quietly drinking coffee, not making a fuss in any way and can prove it.
Nothing disorderly about that. As for carrying a rifle, in Texas it is absolutely totally legal - UCW doesnt even MENTION long arms, except with regard to schools.
A person cannot commit the offense of Disorderly Conduct simply because a nervous Nelly sees a rifle and "freaked out".
I dont think the cops made the right call, but they were probably within their discretion.
Regards
GKT
A jackass on bookface was bragging of doing this: carrying a phone not registered to him, and when he saw someone open-carrying calling the police and reporting 'a man waving a gun around and making threats.' Thought it was funny as hell.
It was pointed out that
He was, on a public forum,
bragging about making false police reports,
for the purpose of harassing people,
and did he not think word would get around? And did he not realize that making such false reports is a crime?
The CSGV and other clowns defense was 'If I FEEL threatened, I'm reporting an actual crime!', etc. Some prosecutions might fix that.
I'll also note that a 911 operator who read it said they'd linked to this crap on a 911 operators page, so word did indeed get around. Fast.
Well, the best way to stop this is to investigate and charge the people making these false police claims. Intentional false police claims are illegal also.
That should make starbucks safer. I really don't care because the only starbucks I have ever been in is at the airport, and I think I will pass on that for now on.
I won't enter any place I don't absolutely have to that is a "gun free zone". AKA, the killing field. I personally think you must be mentally deficient to pay $4 for a cup of coffee and/or think you're safer in a gun free zone.
If open carrying, especially as a statement, be wired for video, ideally subtly.
That way you can prove you were never disorderly.
(Not that the cops will be listening to these jackholes after they do it once or twice - or won't just ask the staff if you were being a problem, at least in any decent place.)
Also, anonymous asked "Can the gun owners who were harasssed about their civil rights and illegally arrested pursue civil lawsuits against the city, police, and the complainant using 18USC? "
Not really.
Because the police aren't violating civil rights under cover of law by investigating a complaint.
Not against the City, unless the City told them to do it.
If they arrest you without actual evidence, sure, you can sue at least for false arrest. A deprivation of Civil Rights complaint will require a pattern of abuse, I expect (not just "believing the guy over you and arresting you").
And the false complaint? I don't think that's actionable under 18USC, but it's illegal in itself already.
A few arrests and prosecutions for filing false reports should nip that crap in the bud.
They need to sue those that filed the complaint. Sue them for say 250,000. Once the judgement is entered have the local sheriff seize their homes and cars. Once this is done to a few of these people, they will get the message. Hit them hard in the wallet.
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