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E.Marquez

rockinar wrote:
RottenApple wrote:
Keith B wrote:Disorderly conduct charges.
Yeah, but if they weren't carrying "in a manner calculated to alarm" it'll get quietly dropped.
WRONG. They dont have to carry in a particular manner. All it takes is one person to call and say "Im freaked out" and thats all thats needed. These AR15 clowns are done.

Can you say why you believe that to be true?

Is there case law you are aware of where someone was charged and convicted of disorderly conduct in Texas for display of a rifle in a like manner as those in the video?

Could you point out, which element of the law they ran afoul of when if/when someone called and "freaked out" ? Im not seeing others freaking out as a required element of the crime...
http://www.statutes.legis.state.tx.us/D ... /PE.42.htm" onclick="window.open(this.href);return false;
Sec. 42.01. DISORDERLY CONDUCT.
Para 8 is pretty specific...
"(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;"
Based on the video evidence we have to observe and comment on... can you point out the part in that video that demonstrates the actors intent calculated to alarm?

Thanks

E.Marquez

talltex wrote:Charging them with "disorderly conduct" seems like a big stretch after watching the entire video. They were polite and cooperated with the officers...explained exactly what they were doing...had even made an attempt (unsuccessful) to notify the police department ahead of time. They were not displaying the weapons in any kind of alarming manner, and explained to anyone that asked, what and why they were doing it. They didn't even argue about showing their ID's to the officers. They weren't rude and didn't get agitated when they were told they were going to be cited for disorderly conduct...just asked why that was being done when they had broken no laws...one of them asked if public ignorance of the law was justification for a charge of disorderly conduct...and I think that was a very good question. When the woman manager came out, and said she didn't want them there, they immediately volunteered to leave as soon as the officer finished handing out the citations. They were not violating the law...they even complied with the City ordinance that required the rifles to be unloaded...no citizen filed any complaint against them...how is the charge justifiable? It's simply a "catch all" charge that can be used against someone anytime because the required legal elements of the offense are so vague.

Thats the point....the LEO can if they so choose (are directed) arrest anyone one at any time.....using disorderly conduct.. you can be arrested... simply "because".

Whether or not a judge or jury of your peers concurs is another expensive story.

E.Marquez

RottenApple wrote:
Keith B wrote:Disorderly conduct charges.
Yeah, but if they weren't carrying "in a manner calculated to alarm" it'll get quietly dropped.

Or not depending in the ADA / DA and there desire to sell it to a GJ.
Lets remember, SA is the Texas city that created a law where a blade less than five and one-half (5 1/2) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife is illegal... That means my 1 3/4" lock blade CRKT PECK

makes me a criminal in SA.

"manner calculated to alarm" is subjective and based on what and how it is "sold" and who is listening.

While most of those that post in this forum might say " The mere public display of a weapon does not constitute "manner calculated to alarm"
There are others that will say, any carrying of a firearm in public by those not a LEO are carrying in a "manner calculated to alarm"

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