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- Thu Mar 25, 2010 2:46 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
Wait a minute…there were six hand guns and a shot gun pointed at me and a whole lot of adrenaline flowing. I almost died.
- Thu Mar 25, 2010 11:56 am
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
"Not really; it must be "intentional" conduct and that's unique in Texas penal statutes. The intent was to prevent arrests and prosecution for unintentional failure to conceal."
Chas.
Apparently the law is all ready in place to prevent unnecessary arrests. Unfortunately the law and the fact that I had a CHL were ignored in this case.
Chas.
Apparently the law is all ready in place to prevent unnecessary arrests. Unfortunately the law and the fact that I had a CHL were ignored in this case.
- Thu Mar 25, 2010 10:53 am
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
My apologies if there is a "ticked off" tone to my posts.
The 911 call was a result of the gun either popping out like a poncho when I sat down or in the worst case scenario it was actually exposed for a split second while I stood up. I won't know until I get the police report. I have been carrying the same way for over two years without a problem so my gut feeling is the security guard made the call but I have no proof at this time.
I will have to respectfully disagree with the exposure while exiting the vehicle. If my shirt rides up a little while driving it is still concealed by definition because it is sandwiched between me and the back seat. Again, the gun would have been concealed as I exited if I was not forced to hold my hands in the air at gunpoint. It's like forcing someone to reach for the top shelf at wall mart at gunpoint then saying gotchya. It's not right
The 911 call was a result of the gun either popping out like a poncho when I sat down or in the worst case scenario it was actually exposed for a split second while I stood up. I won't know until I get the police report. I have been carrying the same way for over two years without a problem so my gut feeling is the security guard made the call but I have no proof at this time.
I will have to respectfully disagree with the exposure while exiting the vehicle. If my shirt rides up a little while driving it is still concealed by definition because it is sandwiched between me and the back seat. Again, the gun would have been concealed as I exited if I was not forced to hold my hands in the air at gunpoint. It's like forcing someone to reach for the top shelf at wall mart at gunpoint then saying gotchya. It's not right
- Thu Mar 25, 2010 8:54 am
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
This is what I was wearing the day of the arrest. reckless?
- Wed Mar 24, 2010 8:45 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
If you go back and read my previous post I asked for advice on a smaller gun, perhaps a different holster. I get it! Lightningrocks suggested a PM9 in a mini super tuck. Doesn't tell you I have taken some personal responsibility on what happen? I am working on another rig. I just don't want it so deeply concealed that I cannot get to it if and when I need to defend myself.
I want to thank everyone for their feedback. This has been a real learning experience for me. And to the ones who think I'm complaining and don't want to hear it; why are you here?
I want to thank everyone for their feedback. This has been a real learning experience for me. And to the ones who think I'm complaining and don't want to hear it; why are you here?
- Wed Mar 24, 2010 7:04 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
First of all I Didn't say it was concealed when I was ordered out of my vehicle.
Secondly I'm not here to argue. Remember the judge agreed with me. No kidding
Secondly I'm not here to argue. Remember the judge agreed with me. No kidding
- Wed Mar 24, 2010 8:56 am
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
I cannot imagine a jury convicting someone if the shirt lifted or blew up. How that could be perceived as reckless, knowing or intentional. Common sense would say it was accidental. Oh, and I can just see them pulling the evidence out of the bag: an inside the waste band holster.03Lightningrocks wrote:So a shirt lifting up or the wind blowing a shirt up and exposing a weapon is not a crime. Correct???
- Tue Mar 23, 2010 8:57 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
bizarrenormality wrote:Unless you're Marilyn Monroe, being exposed by the wind is not intentional, but it is a failure to conceal.handog wrote:Yes, a vigilante was able to detect my gun but printing is NOT a misdemeanor. The flashing is relevant to the story because I believe that is when the LEO made the dicision to place me under arrest.
So if the wind blows your shirt up you would consider that intentionally failing to conceal? I give up.
If someone saw your gun when you sat in an open back chair, think about how you can conceal better. If you flash your gun and have to adjust your clothes when you get out of your truck, think about how you can conceal better. If you print so bad a casual observer can guess you carry a gun, think about how you can conceal better. It's not required by the law, but it's smart to avoid recklessly or knowingly failing to conceal.
"It's not required by the law,"
Actually, it IS required by law but your point is well taken. If you read my earlier post I had asked for advice on a different rig. Perhaps a smaller gun / different holster.
- Tue Mar 23, 2010 6:23 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
That's what so disturbing. I left Central CA. partly because of their liberal gun laws.
- Tue Mar 23, 2010 1:30 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
You just don't get it. PC 46.035 A license holder commits an offence if the license holder intentionally fails to conceal the hand gun. The gun was tucked inside my waistband the entire time. Yes, a vigilante was able to detect my gun but printing is NOT a misdemeanor. The flashing is relevant to the story because I believe that is when the LEO made the dicision to place me under arrest.bayouhazard wrote:Maybe you should ask for a refund. If the cops knew you were carrying without searching you then it wasn't even close to deep concealment. No matter what the marketing department says.handog wrote:I was using a Bianchi 100 Professional Holster "Engineered for today’s extraordinary deep concealment requirements"
You also keep repeating the story about flashing your gun when getting out of your truck. That might be relevant if it was a normal traffic stop. However, from earlier accounts, the cops knew you had a handgun before you got out of your truck. It's the reason they stopped you.
So if the wind blows your shirt up you would consider that intentionally failing to conceal? I give up.
- Tue Mar 23, 2010 9:28 am
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
[quote="gabe"]With all due respect to the guy who got cuffed and stuffed, if the cops knew he was carrying without a magnetometer or a pat down, it wasn't even close to deep concealment.
I was using a Bianchi 100 Professional Holster "Engineered for today’s extraordinary deep concealment requirements"
My gun was concealed when I was in my truck. It was between myself and the back of the seat.
Basically the LEOs were saying if you try to conceal your hand gun when you step out we will shoot you and if you don’t pull your shirt down and conceal we will take you to jail.
Sound fair to you?
I know I know... get over it.
I was using a Bianchi 100 Professional Holster "Engineered for today’s extraordinary deep concealment requirements"
My gun was concealed when I was in my truck. It was between myself and the back of the seat.
Basically the LEOs were saying if you try to conceal your hand gun when you step out we will shoot you and if you don’t pull your shirt down and conceal we will take you to jail.
Sound fair to you?
I know I know... get over it.
- Sun Mar 21, 2010 11:16 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
100% Well said austinrealtor, I would like to propose a beer summit .You, me and gigag04austinrealtor wrote:Gigag04, I have your back on this one. The "you knew what you were getting into when you signed up" argument is ignorant and borders on repulsive in my book. The fact that police officers, firefighters, military know good and well how dangerous their jobs will be is exactly WHY we should give them the benefit of the doubt, show them respect, and honor their sacrifice for our collective safety and security. Obviously there are bad apples in every bunch. And obviously civil servants of all stripes (usually) sign up for these jobs willingly. But that does not discount the sacrifice the good ones make for YOUR benefit.gigag04 wrote:suthdj wrote:To me the police should never put the life of a citizen in a threatening situation such as handog described for their own safety, sorry if that make the Leo's here upset but they signed up for the job and knew the dangers involved just like when people join the Military they knew the dangers.
Any response I actually have will be deleted so I'll use pictures.
Anyone who thinks a police officer should go into a potentially dangerous situation against a purportedly armed "suspect" without an aggressive guns-drawn posture needs his head examined. The life of the civilian is NOT more important than the life of the cop, nor is the cop's life more important than the civilian's. But, if the cop is acting on good faith that the civilian is a potential danger, the cop must act accordingly to minimize that danger by approaching ready to neutralize any potential threat.
And before anyone jumps on this, none of what I wrote above should be construed as taking sides one way or the other on the original Round Rock cuffed-n-stuffed matter. I don't have enough facts to make a decision on that matter (and frankly neither do the rest of you, even handog who was there but doesn't yet know what sparked the RRPD response). IF (big if) the RRPD officers were responding to a "man with a gun" call, then they have every right and responsibility to approach handog with their guns drawn. Obviously, once it was revealed that handog had a CHL they should've taken it down a notch to condition yellow or whatever and they should've known the unconcealed laws better. But just remember folks, if someone calls the police and points to you as "man with a gun" there is a VERY GOOD chance you will see the muzzle end of a police weapon. Until the police know who/what they're dealing with, they must respond with due diligence as if there is a very real and lethal threat.
To ask them to do otherwise is to ask them to unnecessarily and callously risk their lives beyond what they "signed up for". Look at it this way: police are tasked with patroling and protecting all public property. If you were told there was a "man with gun" on YOUR PROPERTY, would you respond with gun holstered and a polite "hi there, how are ya? Whatcha up to?" or would you approach with extreme caution and at least your hand on your weapon if not drawn and aimed at COM?
- Sat Mar 20, 2010 5:52 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
Hoosier Daddy wrote:I can't find the original post. If the gun was in deep concealment, how did they know he had a gun?
The OP was deleted before the charges were dropped upon suggestions from members here that I not talk about it until it was over.
I walked into a human services department in Round Rock with my handgun in holster as I always carry it. There was no 30.06 sign so I walked right in and took a number, sat down. I was only in the building for maybe ten minutes. I took care of my business and walked to my truck with my wife. There was a cop car parked on the other side of the street but thought nothing of it. I got into my truck and started home when the cop pulled behind me and hit his lights. I looked at my speed and wondered why I was being pulled over. Then another cop came then another and another. I was ordered out of my truck at gun point. Now, when I get out of my truck I know to pull my oversize t shirt over my Glock.
This time however I knew if I had reached down with my hand I would have been shot. It was exposed but not intentionally.While I was being cuffed I told the officers I had a CHL. I was told by the arresting officer that I just lost my CHL and I was arrested. After spending a day in jail I stood in front of a magistrate. He read the report and said "this sounds accidental to me" and let me go without a bail bond. The case was quickly dropped by the County attorney. I wish I knew the answer to your question. I don't know who dropped a dime on me or how they knew I had a gun. I am waiting for the police report and 911 tape.
I realize this is only one side of the story and some here think I am leaving something self incriminating out and that's fine, if you ever find your self in the grey bar hotel because of a vigilante and a cop who is uninformed about CHL law you will remember my story.
- Fri Mar 19, 2010 10:53 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
Just call the Round Rock PD and ask for Sergeant Goldman. He is familiar with this case and the officers involved. The arresting officer whom I won't name here told me in fact I won’t get my CHL back (it's in my back pocket) please call and do something about it. Inform them that accidental exposure or printing is not a misdemeanor. It must be intentionaly,purposefully or wrecklessly exposed according to thr law. If the gun is in a DEEP CONCEALD INSIDE THE WAIST BAND HOLSTER AND THERE IS A VALID CHL IN THE WALLET do not arrest.gigag04 wrote:How many exactly do you know? I would like name, rank, and department of these officers you know that are uninformed of CHL laws so we can do something about it. If you can - the date you last interacted with these officers would also be a plus.glbedd53 wrote:I agree with that, not so sure I agree that LEO's are that informed on the law, I know too many that are not
A phone number would be helpful.
- Fri Mar 19, 2010 4:18 pm
- Forum: General Texas CHL Discussion
- Topic: Concerned over cuffed and stuffed
- Replies: 134
- Views: 16543
Re: Concerned over cuffed and stuffed
I'm sure you do a fine job gigag04 and I respect your point of view however my wife and I are laughing because she was there. She knows my gun was never intentionally exposed.
Again' when the magistrate read the police report he smiled and said to the deputy "This sounds accidental." Then let me go. The implication that I am withholding information or I have gotten away with breaking the law just doesn’t hold water. The Arresting officer was WRONG for arresting me but there I won't expect an apology any time soon.
Again' when the magistrate read the police report he smiled and said to the deputy "This sounds accidental." Then let me go. The implication that I am withholding information or I have gotten away with breaking the law just doesn’t hold water. The Arresting officer was WRONG for arresting me but there I won't expect an apology any time soon.