Military Personnel and Open carry

[coog83]

I saw a weird thing at work today. A guy who wearing a USAF flight suit walks into the Sherwin Williams I work at, with a shoulder rig on, sporting his issue pistol and a couple of mags on the other side. So I guess the question is, can military personnel open carry when we're not under martial law? I found this quite puzzling, as I had never seen such a thing off of an armed forces base before. I don't even live NEAR a base. Any insight? Was this guy within his rights? Was he an impostor?

[Jeff B.]

When I was stationed at Fort Drum, NY, I often had to visit units in my Battalion, to check on how things were goign. As such, I carried my 9mm and magazine puch on my LBE. My driver carried his M16. On occasion, we'd stop to get a coffee or cold drink, maybe sandwich at local places around the post and up into the Adirondaks. We never got a second look. Well, not quite. I recall not long after I got there (and the pot was still revving back up) we were heading up into the mountains and stopped at alocal general store type place. My driver stayed in the vehicle and I went in to get us some coffee. While I was putting them together, two NYS Troopers cam in, and one of them did give me the eye, but then jsut nodded in return as I went out.

I guesss what we did was a bit different than hitting the paint store...

Jeff B.

[ELB]

As far as Texas law goes, this comes to mind:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
...
Text of subsection as reenacted by Acts 2007, 80th Leg., R.S., Ch. 647, Sec. 1
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code,...

Sounds very odd to me for a couple reasons. Primarily because in the 23 years I spent in the USAF pretty much convinced me the USAF is generally scared of small arms and only grudgingly issued them to the Security Forces, at least outside of some areas of Iraq and Af-stan. I can't imagine anything this guy was doing in Sherwin Williams counted as "in the actual discharge of official duties" even if he was buying paint for the squadron rec room self-help project. And I would especially find it difficult to believe his commander, for fear of his career, would encourage his aircrew guys to stroll around on- or off-base with his M-9... (altho I would be delighted to find this aspect of Air Force culture had changed...)

I am thinking imposter... Would be interesting to see a picture of him and see if he "looks right." Aside from the gun.

[boomerang]

Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;

[Kevinf2349]

Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;

OK I understand the Nonapplicabilty part what I am struggling to understand though is what part of buying paint in Sherwin Williams is "discharging official duties"? Doesn't the USAF and other armed forces usually buy paint from the government at $2000 a gallon?

[LaserTex]

He would NOT have been let off base with the weapon. Wrong. Wrong. What? Yep - wrong.

WAIT!!! I am so wrong!! Was there an emergency in the area? Downed plane? Pilot lasing? Atomic detenation? Nope, then wrong!


D

added what our LT's have to go do....I hope it wasn't one of them.. Where was it? LOL

[bdickens]

Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;

OK I understand the Nonapplicabilty part what I am struggling to understand though is what part of buying paint in Sherwin Williams is "discharging official duties"? Doesn't the USAF and other armed forces usually buy paint from the government at $2000 a gallon?

Since the mid 90's, the military supply system has changed a lot. Most things are purchased locally now because it is faster and cheaper. So yes, if the unit needed some paint they absolutely would be buying it at the local store.

[coog83]

The funny part is, we DO sell paint to the USAF. HOWEVER, it's nearly ALWAYS in Federal Standards colors, NOT Sherwin colors. This guy was picking chips from the regular color wall. I didn't get a chance to approach him and say "nice gun," or figure out what his business was, though I REALLY wanted to. I was taking care of an urgent matter on the phone and could only watch from behind the glass in the office. He DID have a lanyard around his neck, displaying some sort of ID badge, but it didn't look like an LEO badge, and the flight suit definitely had an eagle and USAF on the shoulder. My boss, who was at the counter at the time is one of the sheeple, so anything I ask him will seem like I'm just overly-worried. If I see him again, I hope I'm in a better position to collect more information. (that is supposed to be a spy smiley)

[Kevinf2349]

Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;

OK I understand the Nonapplicabilty part what I am struggling to understand though is what part of buying paint in Sherwin Williams is "discharging official duties"? Doesn't the USAF and other armed forces usually buy paint from the government at $2000 a gallon?

Since the mid 90's, the military supply system has changed a lot. Most things are purchased locally now because it is faster and cheaper. So yes, if the unit needed some paint they absolutely would be buying it at the local store.

Well that is encouragingly good news that my hardly earned tax dollars are at least being spent a little more wisely at least.

[surprise_i'm_armed]

As long as this guy was actually Air Force, I for one would not care if
he meets the letter of the law.

Another armed person on the streets may help prevent a robbery somewhere
down the road.

He's US military - that means he's on our side.

If he can get away with open carry - more power to him.

SIA

[MoJo]

My gut instinct says "poser." Remembering what we had to do to get a rifle or pistol out of the arms room when I was in the 82nd Airborne Division just to stand guard or other assigned duties makes me skeptical to say the least.

[DONT TREAD ON ME]

As long as this guy was actually Air Force, I for one would not care if
he meets the letter of the law.

Another armed person on the streets may help prevent a robbery somewhere
down the road.

He's US military - that means he's on our side.

If he can get away with open carry - more power to him.

SIA

As active duty ARMY...I HATE to disagree with you. But I have to. There are a lot of gangs out there that send their members into the services in order to gain knowledge on military weapons and tactics. Then when they get out they can teach the rest of the gang what they learned. Also, these same gang members are starting cliques while in the military. Doing all out gang initiations and gang activity. Some of them are very blunt about it...getting gang tats and using the gang signs. Others keep it a secret a bit better.

I would LOVE for them to all be outted and kicked out of the military but I just do not see that happening.

Now for the USAF guy. It is illegal to take your issued weapon in your Privately Owned Vehicle (POV). Much less off post to anywhere other than a military range. So this guy was tore up from the floor up and should be punished...if he was the real deal and not just an imposter.

[casingpoint]

LOL, most cops are probably reluctant to mess with armed military personnel knowing they're conditioned to do something besides "stop" and may well have more experience at it than the average cop.

[LostInAustin]

[rangefinderII]

Maybe he was not USAF.

I saw something similar a few years ago. Only the guy in the flight suit was a helo pilot with Customs. He was in a green flight suit, shoulder rig and no hat.