War Veteran Arrested for “Rudely Displaying” Rifle

[nos8ed]

Raf out roud?

 

[streak]

If the officer did in fact just reach out and grab the rifle from the citizen while it was attached to him then no wonder the officer got the reaction he did. I hope like hell the PD pays dearly for this. It is time that our rights start coming back to us. I am not a leo basher but They do need to follow the laws.

 

[ratski]

You are 100% wrong, if you are pulled over the officer has probable cause to believe a crime has been committed even if it is only a traffic violation. The law makes no distinction.

I'm not sure where you got this from, but a traffic stop is not probable cause that a crime has been committed.
If it were, the officers would not have to ask, do you mind if I search your car.
They would just say "get out and I'm going to search your car."
And answering the officer who asks you "do you mind if I search your car?" that you do not give consent to the search is not probable cause that a crime has been committed either.
And it the officers calls for his backup, which he probably will do, and detains you while waiting, you can ask if you are being detained.
If you are not being detained, you are free to go.
If you were being detained, you would not be sitting in your car while he/she is sitting in their car. And you would be legally entitled to know why you are being detained.
"I'm waiting for a canine unit to sniff your car and alert" is not a reason for being detained.

Dave

 

[turkeyrun]

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.

Barney needs a refresher course in UNEMPLOYMENT and CIVIL LAW. A man walking down a dirt road in the country with his son is ALARMING???????????? Barney better get himself a lawyer.

 

[caojyn]

Barney needs a refresher course in UNEMPLOYMENT and CIVIL LAW. A man walking down a dirt road in the country with his son is ALARMING???????????? Barney better get himself a lawyer.

The way it should have gone

"911, what's your emergency?"
"There's a guy here with a rifle"
"What's he doing? is there anyone in danger?"
"He's just walking around, we're all in dange!"
"Ma'am, that's not illegal, however abuse of the 911 system is illegal.
Please remain where you are, Police are on their way."

 

[Sanford]

The way it should have gone

"911, what's your emergency?"
"There's a guy here with a rifle"
"What's he doing? Is there anyone in danger?"
"He's just walking around, we're all in danger!"
"Ma'am, that's not illegal, however abuse of the 911 system is illegal.
Please remain where you are, Police are on their way."

Ayup!

 

[twoguns?]

The way it should have gone

"911, what's your emergency?"
"There's a guy here with a rifle"
"What's he doing? is there anyone in danger?"
"He's just walking around, we're all in dange!"
"Ma'am, that's not illegal, however abuse of the 911 system is illegal.
Please remain where you are, Police are on their way."

Imma post it agin mebbe somwon wil git it...

 

[turkeyrun]

 

[loudshirt]

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.

I agree completely. I have 19yrs in the military and this guy does not make us look good at all.

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

The probable cause was a citizen complaint.

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...

Just listening to that video there was plenty of provocation by the guy.


As has been stated many times on here the side of the road is not where to make your stand with law enforcement, you will not win. Ask any law enforcement officer past or present if they stop you and ask you to do something and you do not comply, and are argumentative things can go south for you really quick.

Now for the record both parties could have done a way better job of handling this situation.

 

[twoguns?]

I agree completely. I have 19yrs in the military and this guy does not make us look good at all.

maybe

The probable cause was a citizen complaint.

this is not a crime

Just listening to that video there was plenty of provocation by the guy.


As has been stated many times on here the side of the road is not where to make your stand with law enforcement, you will not win. Ask any law enforcement officer past or present if they stop you and ask you to do something and you do not comply, and are argumentative things can go south for you really quick.

Now for the record both parties could have done a way better job of handling this situation.

agree
Originally Posted by caojyn
The way it should have gone

"911, what's your emergency?"
"There's a guy here with a rifle"
"What's he doing? is there anyone in danger?"
"He's just walking around, we're all in dange!"
"Ma'am, that's not illegal, however abuse of the 911 system is illegal.
Please remain where you are, Police are on their way."