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Old April 23, 2013, 05:53 PM   #166
Senior Member
Join Date: January 2, 2013
Location: AZ
Posts: 202
csmsss, "The officers never had anything resembling reasonable suspicion of a crime being committed."

That is just it. The crime here was how he was carrying his weapon, not that he was openly carrying a weapon. Yes, it IS DEFINITELY legal to open carry in TX. However, it is ILLEGAL to display a weapon in whatever fashion is deemed to be calculated to cause alarm... Whatever the heck that means. Is that splitting hairs? Maybe. But you said yourself that, "precision in terminology is vital." This is why this is such a horrible law. I don't agree with it. I am singing in your choir! However, from the perspective of the primary stop, I think he could have been cited legally. Does he have grounds to fight this from his 2A standpoint? I really hope he does. I hope he sues and is rewarded handsomely. I hope he can contribute to stopping the loss of our 2A rights. I hope he Rosa Parks the crud out of this.

csmsss, "and that the presumption is not on the carrier to prove his innocent intent."

The rub is that he has to now. They cited the reason for his arrest was because of his weapon display. The law backs that up. That, in an of itself, for whatever reason, can be used against him in TX. Fortunately for him, his charges were reduced.

Please note, I am basing everything from that recording that only caught the last bit of the arrest. I have as much information as you do. I applaud the fact that this MSG was politically active but I am not inferring this into my argument. Honestly, we don't have very much to go on either way. This is why I am also basing what I am saying around this ridiculous law.
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