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by ifanyonecan
Tue Mar 02, 2010 9:58 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

I'm sorry I haven't been on here in awhile. I had a lot of work to do for this coming week, and I hadn't had time to come on here.

I am extremely impulsive and come up with on-the-fly ideas that, at the time, I really want to go through with. I've learned to live with it. I make myself wait a couple days before buying anything major, etc.. For this reason, I didn't go out and buy a shotgun and walk around with it right off the bat. I decided to thoroughly research it (and my motives) beforehand.

After thinking about it, I've decided to take the advice of the large number of experienced people that have advised against it. If there were an OC rally in Austin tomorrow, I'd go, but I'm not going to go by myself. A large rally would have a different impact than just one person. It tells the public that this is something that many of their peers want instead of just one "nutjob", and the police are less likely to respond with force since it is more clearly a protest instead of a robbery-in-progress. Also this would allow me to take out my concern that I might just want to do this to stir things up or for attention, since I'd be just one in a crowd.

Thank you to everyone that kept me from potential death or imprisonment. :tiphat: Rather than jump out and start organizing my own ways of going about things, I'll take the suggestions to heart to lend support and follow those with more experience and power with lawmakers and police.
by ifanyonecan
Thu Feb 25, 2010 4:37 am
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

This article relates to the matter very well. I found it while lurking other forums here.

A Federal judge ruled that police cannot detain you for OC without probable cause of criminal activity

http://www.examiner.com/x-2782-DC-Gun-R ... rying-guns" onclick="window.open(this.href);return false;
On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot."
The facts of the case are pretty simple. Matthew St. John entered an Alamogordo movie theater as a paying customer and sat down to enjoy the movie. He was openly carrying a holstered handgun, conduct which is legal in 42 states, and requires no license in New Mexico and twenty-five other states. Learn more here.
In response to a call from theater manager Robert Zigmond, the police entered the movie theater, physically seized Mr. St. John from his seat, took him outside, disarmed him, searched him, obtained personally identifiable information from his wallet, and only allowed him to re-enter the theater after St. John agreed to secure his gun in his vehicle. Mr. St. John was never suspected of any crime nor issued a summons for violating any law.
Importantly, no theater employee ever ordered Mr. St. John to leave. The police apparently simply decided to act as agents of the movie theater to enforce a private rule of conduct and not to enforce any rule of law.
On these facts, Judge Black concluded as a matter of law that the police violated Matthew St. John's constitutional rights under the Fourth Amendment because they seized and disarmed him even though there was not "any reason to believe that a crime was afoot." Judge Black's opinion is consistent with numerous high state and federal appellate courts, e.g., the United States Supreme Court in Florida v. J.L. (2000) (detaining man on mere report that he has a gun violates the Fourth Amendment) and the Washington Appeals Court in State v. Casad (2004) (detaining man observed by police as openly carrying rifles on a public street violates the Fourth Amendment).
Mr. St. John's attorney, Miguel Garcia, of Alamogordo, NM was pleased with the ruling and look forward to the next phase of the litigation which is a jury trial to establish the amount of damages, and possibly punitive damages. Garcia said that
"t was great to see the Court carefully consider the issues presented by both sides and conclude that the U.S. Constitution prohibits the government from detaining and searching individuals solely for exercising their rights to possess a firearm as guaranteed by our state and federal constitutions."
Notably, Judge Black denied the police officers' requested "qualified immunity," a judicially created doctrine allowing government officials acting in good faith to avoid liability for violating the law where the law was not "clearly established." In this case, Judge Black concluded that
"[r]elying on well-defined Supreme Court precedent, the Tenth Circuit and its sister courts have consistently held that officers may not seize or search an individual without a specific, legitimate reason. . . . The applicable law was equally clear in this case. Nothing in New Mexico law prohibited Mr. St. John from openly carrying a firearm in the Theater. Accordingly, Mr. St. John's motion for summary judgment is granted with regard to his Fourth Amendment and New Mexico constitutional claims. Defendants' motion for summary judgment is denied with regard to the same and with regard to qualified immunity."
Judge Black's opinion and order is welcome news for the growing number of open carriers across the United States. Though police harassment of open carriers is rare, it's not yet as rare as it should be - over the last several years open carriers detained without cause by police have sued and obtained cash settlements in Pennsylvania, Louisiana, Virginia (see additional settlement here), and Georgia. More cases are still pending in Ohio, Wisconsin, Michigan, and Pennsylvania.
by ifanyonecan
Wed Feb 24, 2010 3:44 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

The only thing is, I don't plan on doing this without all my bases covered. If I walk with my shotgun, I will not be arrested, because I'll make sure beforehand I won't be. I still need to talk to the police department and see what they think the law is. As has been said, if they think it's illegal, I'm not going to do it just yet.
by ifanyonecan
Wed Feb 24, 2010 2:50 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

frazzled wrote:
ifanyonecan wrote: but mostly my brother and I would go out to shoot ... and the occasional skunk (because they bothered the dogs).
You're a brave one I'll give you that (or absolutely no sense of smell).
:smilelol5:
Oh also, we didn't give it a chance to spray. My brother took the 12-gauge and jumped around the corner of our garage about five feet from it. He quickly fired, and the skunk parts were pretty much embedded in the soil.

Another time, my brother and granddad ended up chasing a skunk all over our property before finally shooting it with a 30-06 (overkill has no meaning in our family). That skunk was likewise obliterated.
by ifanyonecan
Wed Feb 24, 2010 2:46 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

frazzled wrote:
ifanyonecan wrote: but mostly my brother and I would go out to shoot ... and the occasional skunk (because they bothered the dogs).
You're a brave one I'll give you that (or absolutely no sense of smell).
:smilelol5:

What did the UT vampire say?
I wasn't able to meet this morning, since UT delayed opening until 10:00. I'm rescheduled for Friday at 11:00.
The Annoyed Man wrote:
ifanyonecan wrote:Rather than mocking me and questioning my ideas and what they're based on, it would be nice if you'd provide your own years of experience with openly carrying long guns. What other historical research can you provide. :rules:
I did not mock you. I pointed out a lack of experience on your part, bolstered by the question you posed. If you took offense, that was not my intent. I even said, and I quote, "I don't mean to denigrate you, and your passion for the RKBA is admirable."

As to my experience, if you're in college, then I am old enough to be your grandad. I'm not going to waste my time or yours with details. Let's just say that enough years of life experience has taught me what is wise, and what is not, and I'll leave it at that. You may, of course, do whatever you want with that.

Peace out.
I'd really like it if you could provide some details with experiences on this. :bigear: Or is it mostly general wisdom you're talking about? In which case, I understand better where you were coming from before. That's a big reason I decided to post here. The advice I've seen given on here is much more rational, wise, and factual than 99% of the internet.

Throughout this thread there are several posts saying not to do this, saying I'll be tackled, etc. But I don't see how I'll be breaking any laws. Wouldn't a lawyer find it easy to fight the arrest and perhaps get damages for false arrest and/or excessive force (the fact that I have a gun is no reason to use any more force unless I'm threatening)?
by ifanyonecan
Wed Feb 24, 2010 2:02 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

frazzled wrote:Purchasing a shotgun has similar requirements to that of a pistol.
Having said that, what you should really be asking yourself is, where can I get a Remington 870 and how fast can I get to the range to shoot some clays? :woohoo :fire

To the topic, You're OCing in downtown Austin, not downtown Hockley. Mocha Latte' tree hugger capital of Texas, where they don't believe Republicans should be allowed to exist, much less firearms. Plus with the fun history of snipers, losers with pistols near the Capital building, and that whole airplane attack a few days ago, it might make them "a little bit antsy." Its the usual OC/CCl debate. Make business owners antsy and they will ban all firearms, not just OC.
From what I've read from members on this forum that have lived in OC states, yes, some businesses do post because of OC, but it's not widespread.

And thank you for answering my question. TBH, I've rarely shot clays. We used to have a small thrower, but mostly my brother and I would go out to shoot birds, squirrels, rabbits, and the occasional skunk (because they bothered the dogs).
by ifanyonecan
Wed Feb 24, 2010 4:22 am
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

The Annoyed Man wrote:
ifanyonecan wrote:Do I have a background check and/or waiting period for buying a shotgun? Or can I walk in and walk out that day with it?
With all due respect, if you are a native Texan and you don't know the answer to that very basic question, then maybe pursuing your project at this time is not a very good idea. Wait until you are better informed about the state's gun laws. By then, you might have acquired the wisdom to believe that it is a uniquely bad idea.

I don't mean to denigrate you, and your passion for the RKBA is admirable. But it is worth pointing out that other OC activists, in California for instance, are mostly older than you, and have spent years familiarizing themselves with the laws of the state as well as the federal laws before entering into open carry activism. It doesn't sound to me like you've made that investment in time yet to be that familiar with the gun laws in Texas. If you were, the above question of yours would not need asking.
ifanyonecan wrote:
SwimFan85 wrote:ifanyonecan you can. BUT DON'T DO IT PLEASE!

Every business in Austin will post signs prohibiting guns if you open carry.
I find this hard to believe. Besides, it's unlikely they'll post enforceable 30.06 signs. Lucky for CHL holders, business owners are generally ignorant on that matter.
You find it hard to believe based on what? Years of experience? Historical research?

As to enforceable 30.06 signs, business owners are not going to remain ignorant (to the extent that they actually are ignorant; that's a dangerous assumption) for very long if you rub their noses in it. Sooner or later, one of them will ask a cop, "How can I keep people who are carrying concealed pistols from coming into my store?" And the cop will tell them to just put up a 30.06 sign. It won't take a lot of research for these folks to learn the correct wording and other specifications, and to put the signs up.

Here's the problem. You make an assumption that that business owners are stupid. For the most part, they are not, including the one typing these words on my laptop. For the most part, business owners are smarter and harder working than your average Joe, because that is what it takes to be self-employed. No, they are not stupid. What they ARE is generally uninformed about gun laws — unless they are themselves gun owners and CHLers. But while stupid is generally not a reversible condition, ignorance is.

Parading around with an unloaded pistol, which presumably only you know is unloaded, is behavior calculated, whether deliberately or not, to cause alarm in the average observer. When you cause enough alarm in enough people, watch how fast those 30.06 compliant signs will go up. When that happens, you will have had a direct hand in seeing to it that lawful CHL holders are barred from entering those business establishments.

It is a time tested axiom in the CHL community that it is better not to inform a business owner that their sign is not compliant. It is a corollary that it is better not to inform them that they even have the option of putting up a 30.06 sign. When you push them, anti-gun businesspeople will push back, and it is nothing more than whistling past the graveyard to assume that they are either stupid, or they won't.
I've been keeping track of gun laws for years; it's always interested me. However, I typically researched the handgun aspects of things and OC. I don't know about the practical aspect of long gun purchase, as I've never bought one. My family always had plenty.

I know I'm not the most experienced or seasoned person here, and that's why I came here. I've already begun investing a significant portion of my time to this with the research I'm doing and the meetings with an attorney and the police I have yet to do.

I said they are generally ignorant on the matter, which you agreed with by saying they're generally not familiar with gun laws. Ignorant does not mean stupid, and your mistake in this caused you to falsely assume I had those opinions on business people.

Rather than mocking me and questioning my ideas and what they're based on, it would be nice if you'd provide your own years of experience with openly carrying long guns. What other historical research can you provide. :rules:

Your predictions of OC effects on 30.06 posting are based on supposition rather than history. OC in other states hasn't resulted in widespread business gun bans.

I'm astounded at many of this forum's members' comments about me based on my age and willingness to ask about things with which I'm unfamiliar. It doesn't seem that any of you have any more experience with openly carrying long guns on foot than I do, nor have any historical cases or incidents having to do with the pertaining laws.
by ifanyonecan
Tue Feb 23, 2010 10:38 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

McKnife wrote:I support this 100%

I'm glad you've done and continue to do your research. Please take every precaution necessary. I would love to know approximate number of attendee's... I might even drive from Houston to Austin to join!
Thank you. I don't have even a rough day set, since there are still some preparations I need to do.
SwimFan85 wrote:ifanyonecan you can. BUT DON'T DO IT PLEASE!

Every business in Austin will post signs prohibiting guns if you open carry.
I find this hard to believe. Besides, it's unlikely they'll post enforceable 30.06 signs. Lucky for CHL holders, business owners are generally ignorant on that matter. :mrgreen:

I was supposed to meet with the lawyer tomorrow morning at 9:30, but because of the weather, UT Austin has decided to suspend most offices and classes until 10:00 tomorrow morning. I will call tomorrow to reschedule.

Do I have a background check and/or waiting period for buying a shotgun? Or can I walk in and walk out that day with it?
by ifanyonecan
Tue Feb 23, 2010 1:58 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

frazzled wrote:Get one. You're espousing he do it.
There's no reason for the back-and-forth suggestions that have gone on in this thread telling others to do this. I welcome anyone that wants to join me, but the taunting isn't contributing anything worthwhile and is flaming, plain-and-simple.
by ifanyonecan
Tue Feb 23, 2010 1:51 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

marksiwel wrote:I dont have a shotgun, care to donate to the cause?
:smilelol5:
by ifanyonecan
Tue Feb 23, 2010 1:46 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

frazzled wrote:
marksiwel wrote:
frazzled wrote:
lkd wrote:
ifanyonecan wrote: What civil suits? Someone claiming emotional damages from seeing me with a gun? :roll:
You can be hit with a civil suit for anything. Doesn't matter if you win the suit, you're still financially ruined. "Emotional Distress" certainly seems like a reasonable scenario.
Thats true. But there are also actionable claims here. I am just hoping the UT attorney sets him straight.
Ask your Attorney about doing anything that might get you sued or arrested they are going to say "NO".

Also I saw this and could help but Laugh
NH: Open carry topless protest
" onclick="window.open(this.href);return false;

There is No Nudity in the Video.
And you know this based on?
Why question him? He's supporting your opinion on the matter. He's saying the attorney will recommend against doing anything that's easily avoidable with potential legal consequences.
by ifanyonecan
Tue Feb 23, 2010 1:43 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

marksiwel wrote:Ask your Attorney about doing anything that might get you sued or arrested they are going to say "NO".
Based on good advice from a forum member through PM, instead of asking, "Should I do this?", I will ask, "How can I do this legally?" It should get better answers, since instead of giving me advice whether I should, they're giving me advice on how I could.
by ifanyonecan
Tue Feb 23, 2010 1:20 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

marksiwel wrote:whatever happens, send someone with a camera and camcorder to record what happens. I hope you prove the naysayers wrong and have the photos/video to prove it
That will definitely happen if I walk. There's no way I'm going to go through with this without someone filming. And they will definitely know the laws about photography/film rights, so they have something to tell the police should they try to take away cameras as some departments have been known to do.
by ifanyonecan
Tue Feb 23, 2010 1:12 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

lkd wrote:I read the thread. I stand by what I said. I'm NOT saying what you want to archieve is wrong. I AM saying that you are _likely_ to find the situation getting taken dangerously out of context in about 2 ohnoseconds.
The situation will involve no arrests or unpleasant LEO encounters, since I'm going to make sure beforehand that it won't. The police will be aware of the whole situation, and if they tell me, "You can't do that, we'll arrest you," then I obviously won't go through with it. But if they know the law properly, they will send an officer to be there and monitor things, and everything will be fine and dandy.
by ifanyonecan
Tue Feb 23, 2010 1:05 pm
Forum: Rifles & Shotguns
Topic: Open Shotgun Carry in Austin
Replies: 127
Views: 13735

Re: Open Shotgun Carry in Austin

frazzled wrote:
ifanyonecan wrote:frazzled, you must not have read my intentions. Please reread the thread before you post further.

Also, for those that have been keeping up and realize I am not doing this before seeking legal advice and contacting the police department, I have an appointment tomorrow at 9:30 with one of the student services lawyers at UT.
I have been. The moment you start talking about consulting the student services lawyers at UT I knew you didn't know what you were doing yet. On the positive he(she) will tell you the same thing.

What you should be thinking about now is, next steps after the UT lawyer tells you this tactic will "go down poorly?" Now's your opportunity to change tact and apply your enthusiasm in a productive manner.
If you are correct, then that's fine. I don't know why you're being so negative, since I'm clearly doing as much research and preparation as possible to avoid a bad scenario. If I do everything I plan to before I walk (which I will if I go through with it), there is little chance I will be arrested, and should I be arrested, there's an even smaller chance of a successful prosecution.

There is a chance that I don't know about a law or court opinion that affects this situation, in which case it may be illegal and I won't do it. There is a chance that it is, in fact, legal, but APD is improperly trained and believe it's illegal, in which case I won't do it. There are a lot of things that may be wrong with my idea so far, and if any one of them puts me at great risk, I'm not going to do it.

But if I do everything I plan to do, and the lawyers and police agree it is legal, you can bet I'm going to do this. Hopefully I can find others that feel the same.


EDIT: Also, why did you assume I didn't yet know what I was doing for consulting a lawyer? I've researched this quite a bit, and all evidence points to it being legal. The fact that I'm wanting an attorney's advice prior to doing this isn't showing that I'm uneducated on the matter, but rather that I'm being cautious and making sure I cover all my bases.

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