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Threat Question

Posted: Wed Apr 18, 2012 8:41 pm
by Originalist
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?

Re: Threat Question

Posted: Wed Apr 18, 2012 9:04 pm
by MoJo
Why do you think posting a picture of your gun with any caption be in violation of Texas Law?

Re: Threat Question

Posted: Wed Apr 18, 2012 9:07 pm
by Thomas
AFCop 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?
By someone from the Brady Bunch? Yes. If you asked one of their lawyers, it would probably be considered a "terroristic threat".

Anyway, in reality, "No."

Re: Threat Question

Posted: Wed Apr 18, 2012 9:14 pm
by Originalist
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.

Re: Threat Question

Posted: Wed Apr 18, 2012 9:32 pm
by srothstein
To the best of my knowledge, the only type of picture that would be illegal to post is pornography. And the Supreme Court says pornography is defined by community standards. I know of no community in Texas where posting a firearm like that would be considered obscene. Some might consider it tasteless, but not obscene.

Now, Chicago might have a different standard on this.

A picture might eb used as evidence of another crime, such as a gun pointed at someone, but that is stupid not illegal.

Re: Threat Question

Posted: Wed Apr 18, 2012 9:48 pm
by PBratton
AFCop 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?
Is it over 18 years of age?

Re: Threat Question

Posted: Wed Apr 18, 2012 9:48 pm
by johnson0317
I would ask you to provide any law that says you can not do it. A lot of people post pictures of their guns on different forums, this one included. The only reason they should be illegal is because I don't have a lot of them, and I want them! Might the picture be offensive to some people? Probably, but I really could not care less about those specific people.

RJ

Re: Threat Question

Posted: Wed Apr 18, 2012 9:50 pm
by johnson0317
PBratton wrote:
AFCop 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?
Is it over 18 years of age?
OMG, that is pretty funny! :smilelol5:

Is it over 18? I guess in West Virginia that might not matter, Arkansas, Oklahoma...

just kidding, I really like Arkansas and Oklahoma...never been to West Virginia...but John Denver wrote a neat song about it.

Re: Threat Question

Posted: Wed Apr 18, 2012 9:59 pm
by goose
johnson0317 wrote: Is it over 18? I guess in West Virginia that might not matter, Arkansas, Oklahoma...
I resemble that remark! :mad5

:mrgreen:

Re: Threat Question

Posted: Wed Apr 18, 2012 10:14 pm
by Beiruty
I am breaking Brady law, D.C. law, NY law, and Chicago law, but NOT Canadian law, nor US Federal law, here you go:

Image

Sleep tight my friends. :rolll :rolll

Re: Threat Question

Posted: Wed Apr 18, 2012 10:25 pm
by johnson0317
I think I just wet my pants.


...no, I am sure I did...or I slobbered all over myself!

:cheers2:

RJ

Re: Threat Question

Posted: Wed Apr 18, 2012 10:27 pm
by RSJ
Beiruty wrote:I am breaking Brady law, D.C. law, NY law, and Chicago law, but NOT Canadian law, nor US Federal law, here you go:

Image

Sleep tight my friends. :rolll :rolll

Violation of TX statute 30.061
"Any photograph containing at least ten handguns must include a "Glock" within the same picture."

"This offence is punishable by joining the GSSF and obtaining a coupon for a half-priced "Glock"; OR
trading at least one Springfield, Ruger, HK, or any type of "1911" handgun from pictured collection for a "Glock" handgun within 30 days of conviction"


:tiphat:

Re: Threat Question

Posted: Thu Apr 19, 2012 2:03 am
by gigag04
AFCop wrote:
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.
Engaging in this discussion with someone who disagrees with the common sense viewpoints presented here isn't worth your time.

Re: Threat Question

Posted: Thu Apr 19, 2012 2:57 am
by Originalist
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.

Re: Threat Question

Posted: Thu Apr 19, 2012 4:27 am
by gigag04
What offense did the officer swearing to the SW affidavit have PC to believe had occured?