Search found 11 matches

by Originalist
Sun Apr 22, 2012 1:46 am
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

Taggart wrote:
Originalist wrote:
MoJo wrote:Why do you think posting a picture of your gun with any caption be in violation of Texas Law?
Hoping for some good dialogue I could use in explaining why it isnt...
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
:iagree: with this as well...
by Originalist
Sat Apr 21, 2012 9:33 pm
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

WildBill wrote:
The Annoyed Man wrote:
Originalist wrote:If I posted a picture of the profile (side view) of my handgun on my facebook page with the title of "my sleeping buddy tonight" could that be considered a violation of Texas Law?
I mean absolutely no disrespect, and please forgive my ignorance, but what possible law could that violate?
The posting isn't a crime, but if you were a convicted felon, you could be confessing to possession of a firearm. That would be probable cause for a search warrant and subsequent arrest. :smash:

No felon....
by Originalist
Sat Apr 21, 2012 11:36 am
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

WildBill wrote:
Originalist wrote:
The Annoyed Man wrote:
Originalist wrote:If I posted a picture of the profile (side view) of my handgun on my facebook page with the title of "my sleeping buddy tonight" could that be considered a violation of Texas Law?
I mean absolutely no disrespect, and please forgive my ignorance, but what possible law could that violate?
TAM, that is my question as well.....
Would posting the gun facing the muzzle [front view] be any different?
Not in my opinion... but I wanted to post the exact circumstance,
by Originalist
Sat Apr 21, 2012 11:16 am
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

The Annoyed Man wrote:
Originalist wrote:If I posted a picture of the profile (side view) of my handgun on my facebook page with the title of "my sleeping buddy tonight" could that be considered a violation of Texas Law?
I mean absolutely no disrespect, and please forgive my ignorance, but what possible law could that violate?
TAM, that is my question as well.....
by Originalist
Sat Apr 21, 2012 1:15 am
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

I got it, was a little late but I got it.... Not trying to suck the life out of your joke.... Just trying :tiphat: to prevent a back and forth is all....
by Originalist
Fri Apr 20, 2012 11:12 pm
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

For those subject to the UCMJ, the age of consent is 18.
by Originalist
Thu Apr 19, 2012 8:17 pm
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

It was a civilian in privatized housing on base. It is already established that a house on base is an authorized storage location for firearms as long as they are registered with Security Forces. The firearms were registered but the bigger picture to me is it is a home that one pays rent to a private organization as a land lord. No different then living in D.C. or another location under federal jurisdiction. D.C. v. Heller quotes the core as the second amendment being “Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional”, 2. “As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right.” and most importantly 3. “In any case, we would not stake our interpretation of the Second Amendment upon a single law, in effect in a single city, that contradicts the overwhelming weight of other evidence regarding the right to keep and bear arms for defense of the home.”

Title 18 allows Federal law to assimilate Texas Law, and we do all the time.

Past that the question at hand is does the post = a threat, short answer is (I think) no.... opinion?
by Originalist
Thu Apr 19, 2012 5:28 am
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

It would be either Terroristic Threats or Harassment but I havent seen it to know for sure...
by Originalist
Thu Apr 19, 2012 2:57 am
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

You are right Gig.... I will say this, this is an argument that may require a court opinion and involves some significant missteps by me Squadron, which is responsible as the law enforcement agency on base and just this very thing occurred. Keep in mind, we assimilate Texas law with respect to civilians on base and a flight (not mine) arrested a civilian on base for this very thing. Nothing more! Used it as probable cause for a search authorization in privatized housing (on base - I know there are some differing things between private residence and government owned housing). They also used that facebook post to justify the seizure of knives as well as all the firearms located in the residence (not just the one in the picture). I tried to tell them this situation wreaked to high heavens but no one of importance agrees with me, to date. In my opinion there is no probable cause for any arrest or seizure based on the posted picture. I digress and hope the situation is resolved favorably, for those of you familiar with government agencies, an Inspector General complaint has been filed.
by Originalist
Wed Apr 18, 2012 9:14 pm
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Re: Threat Question

MoJo wrote:Why do you think posting a picture of your gun with any caption be in violation of Texas Law?
I don't personally believe that however the thought has been proposed by some unfriendly to the 2nd Amendment that it is... So I came here where a lot of knowledge and more importantly common sense abound. Hoping for some good dialogue I could use in explaining why it isnt... Obviously I already argued that at best it is nothing more than an affirmation of a right protected by the Constitution to be safe and secure in your home, regardless of where your home is located. (i.e. in D.C., on base, etc.) and that the most commonly used tool with that respect is what is depicted in the picture. Thanks for the input and I look forward to many more.
by Originalist
Wed Apr 18, 2012 8:41 pm
Forum: LEO Contacts & Bloopers
Topic: Threat Question
Replies: 44
Views: 5437

Threat Question

If I posted a picture of the profile (side view) of my handgun on my facebook page with the title of "my sleeping buddy tonight" could that be considered a violation of Texas Law?

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