War Veteran Arrested for “Rudely Displaying” Rifle

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DFarcher

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The Temple officers approached and questioned Grisham because they received calls, he and his son were bound to attract attention walking along puplic roads armed as they were. Grisham was not in fear of cougars and hogs and coyotes as he said, he carried the AR becuase he wanted to, it is legal and he wanted to prove a point. All of that is fine. But he also handled the situation poorly. His very first response when the officer asked about his weapon set the tone for the entire encounter. The officer asks "what are you doing with that firearm" and Grisham answers "what does it matter". Most law enforcement officers are going to be a little unnerved by a guy walking down the road with a AR in a tactical sling. Law enforcement disarming Grisham during this encounter is no different from LEOs disarming citizens who are legally carrying during traffic stops or pretty much during any encounter. We might not think its right or necessary but courts everywhere have upheld the practice. I am a 25 year Army vet and have was involved in every conflict from Panama up until I retired in 2011. I find Grisham's actions embassasing and more inappropriate than those of the police officers involved.
 

ratski

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Law enforcement disarming Grisham during this encounter is no different from LEOs disarming citizens who are legally carrying during traffic stops or pretty much during any encounter. We might not think its right or necessary but courts everywhere have upheld the practice.

In the State of Oklahoma, this action would be considered illegal.
From the Oklahoma Self Defense Act

TITLE 21 § 1290.8
POSSESSION OF LICENSE REQUIRED-NOTIFICATION TO POLICE OF GUN

E.
Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed.


Not sure if the same applies in Texas.

Dave
 

farmerbyron

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Barney Fife needs a refresher in civil liberties and TX state law it appears. As for the citizen, not quite the way I would have handled it, but to each his own. Looks like they arrested him simply because he annoyed them.

I am so sick of people getting their panties in a wad over the sight and/or presence of a firearm. Most of these pansies that would call in this guy are surrounded by firearms carried by citizens on a daily basis but they just are ignorant of their presence.
 

chubbs

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The Temple officers approached and questioned Grisham because they received calls, he and his son were bound to attract attention walking along puplic roads armed as they were. Grisham was not in fear of cougars and hogs and coyotes as he said, he carried the AR becuase he wanted to, it is legal and he wanted to prove a point. All of that is fine. But he also handled the situation poorly. His very first response when the officer asked about his weapon set the tone for the entire encounter. The officer asks "what are you doing with that firearm" and Grisham answers "what does it matter". Most law enforcement officers are going to be a little unnerved by a guy walking down the road with a AR in a tactical sling. Law enforcement disarming Grisham during this encounter is no different from LEOs disarming citizens who are legally carrying during traffic stops or pretty much during any encounter. We might not think its right or necessary but courts everywhere have upheld the practice. I am a 25 year Army vet and have was involved in every conflict from Panama up until I retired in 2011. I find Grisham's actions embassasing and more inappropriate than those of the police officers involved.

That is NOT the case here in Oklahoma. I am a Police Officer, taking a firearm away from some that is legally carrying is not allowed in most cases. However if there is a reasonable fear that I am in danger I could request to hold on to the weapon until my contact is over. Unless a crime has been committed, law enforcement cant make you hand it over. Also a typical traffic violation would not be reason to take the gun.
 

darth_ted_82

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I disagree. The LEO in OK doesn't have the right to disarm a valid CCP holder who is currently armed during any kind of stop. So long as there are not any threatening motions or gestures and the weapon has been disclosed all the LEO can do is say, "Well, just don't make any moves towards it," etc. I've been pulled over numerous times by numerous LE agencies and it's the same song and dance. From what I understand of TX law, the LEO cannot just walk up and grab an open or concealed carry without due course or provocation, any more than they can in OK. However, you are supposed to disclose the concealed weapon, but the guy could potentially argue that he didn't get the chance to do it. But, that's just my two cents...
 

farmerbyron

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The dupe thread in GD had this link to the actual guy on a forum. http://sassnet.com/forums/index.php?showtopic=205042
EDIT: After reading some more, I don't think it is the guy in the incident posting there.


One of the responses kind of sums up how it probably should have been handled IMO.

Unfortunately, in todays world you cant draw a picture of a gun without someone feeling threatened................



I’ve had almost the exact same thing happen to me .

What I did was to hand my gun over to the cop so he would know that I was not a threat.

Then he asked if I had a carry license, which I did and showed it to him.

Then he checked to make sure there were no warrants out for me and when he got the OK

he handed my guns back to me and we spent the next 10 min talking about guns & shooting and then went our separate ways.

I wish your situation had ended the same way as mine...

Good Luck!
 

farmerbyron

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That is NOT the case here in Oklahoma. I am a Police Officer, taking a firearm away from some that is legally carrying is not allowed in most cases. However if there is a reasonable fear that I am in danger I could request to hold on to the weapon until my contact is over. Unless a crime has been committed, law enforcement cant make you hand it over. Also a typical traffic violation would not be reason to take the gun.


Problem is that "reasonable" is extremely subjective. It gives you guys a ton of latitude in the law.
 

DFarcher

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In the State of Oklahoma, this action would be considered illegal.
From the Oklahoma Self Defense Act

TITLE 21 § 1290.8
POSSESSION OF LICENSE REQUIRED-NOTIFICATION TO POLICE OF GUN

E.
Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed.


Not sure if the same applies in Texas.

Dave

No you want it to be considered illegal. Remember its probable cause to believe ANY crime has been comitted. If all else fails they always fall back on "disturbing the Peace". Might just be a $50 fine IF convicted, its still a "crime".
 

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