April 17th - Second Amendment march on the Capital.

[PSLOwner]

I am glad to see that the below rule was put in for the marchers:

4. Please be courteous to everyone you encounter, including D.C. police and National Park Service rangers.

Last thing we need is people acting like idiots in front of the cameras and giving anti-gun newspapers and spokesmen ammo (no pun intended).

[SwimFan85]

UPDATE -
AUSTIN PD Has informed us they will arrest and charge anybody with a long gun.

On what grounds? Charge them for what? It's legal isn't it? ( I know...I know.....Just sayin'.)

Same excuse they use to arrest gays holding hands during a Pride March.

[marksiwel]

UPDATE -
AUSTIN PD Has informed us they will arrest and charge anybody with a long gun.

On what grounds? Charge them for what? It's legal isn't it? ( I know...I know.....Just sayin'.)

Same excuse they use to arrest gays holding hands during a Pride March.

what? Link please

[TxDrifter]

They do realize that this would give the media much needed "ammunition" to paint us as extreme radicals, do they not? Even with nobody doing anything stupid it will be displayed as such. We do not need to give them any fodder to marginalize us and that is what this will turn into. I am thinking appropriate signage, t-shirts, etc. and remaining VISIBLY peaceful without firearms would be a better option.

[Oldgringo]

They do realize that this would give the media much needed "ammunition" to paint us as extreme radicals, do they not? Even with nobody doing anything stupid it will be displayed as such. We do not need to give them any fodder to marginalize us and that is what this will turn into. I am thinking appropriate signage, t-shirts, etc. and remaining VISIBLY peaceful without firearms would be a better option.

That's what I'm talkin' about! Please keep the tatoos, the cigarettes and the ones who can't form a verbal sentence out of reach of the cameras and reporters.

[PSLOwner]

They do realize that this would give the media much needed "ammunition" to paint us as extreme radicals, do they not? Even with nobody doing anything stupid it will be displayed as such. We do not need to give them any fodder to marginalize us and that is what this will turn into. I am thinking appropriate signage, t-shirts, etc. and remaining VISIBLY peaceful without firearms would be a better option.

That's what I'm talkin' about! Please keep the tatoos, the cigarettes and the ones who can't form a verbal sentence out of reach of the cameras and reporters.

Ha-ha! Sadly, those people are drawn to the camera like a moth to the flame.

[OldCannon]

They do realize that this would give the media much needed "ammunition" to paint us as extreme radicals, do they not? Even with nobody doing anything stupid it will be displayed as such. We do not need to give them any fodder to marginalize us and that is what this will turn into. I am thinking appropriate signage, t-shirts, etc. and remaining VISIBLY peaceful without firearms would be a better option.

That's what I'm talkin' about! Please keep the tatoos, the cigarettes and the ones who can't form a verbal sentence out of reach of the cameras and reporters.

Ha-ha! Sadly, those people are drawn to the camera like a moth to the flame.

Sadly, reporters are trained to spot and exploit such things, and are rewarded for that kind of success.

[father]

Son, I am disappoint. Does anyone think the politicians don't know where we stand? What does more talking accomplish?

[marksiwel]

Son, I am disappointed. Does anyone think the politicians don't know where we stand? What does more talking accomplish?

Fixed that for you

[father]

Fixed that for you

[marksiwel]

Fixed that for you

Picard Sings!
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[drjoker]

Count me in! I will be marching, but I will NOT be carrying, though. Lawyers, where are you? I think I remember a law that said you cannot carry a gun at a political demonstration in Texas. Am I hallucinating or is this a real law? In case there are some clean cut college kids who would like to go to Austin and speak with the media, PM me. I will pay for your trip. I am old and not able to chase those news media cameras. However, a young 'un could chase the news cameras. I encourage others here on the board to make the same offer to other clean cut college kids. The strategy is to use clean cut college kids to BLOCK THE CAMERAS from shooting the dudes wearing Confederate flags, Swatztikas, and KKK paraphernalia. Sometimes I wonder if these Confed/Swat/KKK guys were planted there by the liberal news media! Remember, freedom is NOT free! Pay up or at least spend some time to participate in peaceful protest to help keep America free! We conservatives have lost health care to the socialist commies. Let's not lose our right to bear arms to the socialist commies, too! Remember the Alamo!

Also, if you are a clean cut college kid who'd like to carry a long gun and march, then PM me. I will pay for your prepaid legal monthly dues for the first month if you are not a member. This is a legal insurance for lawyers to defend you in case you're arrested. You have broken no laws since Texas is a legal state for open carry of long guns. The lawyer should be able to get you off with zero criminal record. As long as your gun is hanging off your shoulder/back with a sling and you do not touch your gun with your hands, then you are not carrying a gun in a manner calculated to cause alarm. You will have broken no laws.

P.S. In case I am not hallucinating, if there is a law against carrying a gun at a parade, then you may do one of three things;
1. you may carry an airsoft rifle with a red tip to make it legal.
2. you may carry an empty holster to make it legal.
3. another member has PM'ed me saying that breaking a city ordinance against carrying a gun (there are no state laws making it illegal, so if it is illegal, it's only a city ordinance), then it is only at most, a class C misdemeanor. This is so minor it won't even bar you from getting a CHL in Texas. If you choose to carry anyways and get arrested, the prepaid legal lawyers will help you.

P.P.S. If you are walking around town with a long gun, but not in a parade or political demonstration, it should be perfectly legal. In rural counties, you see guys with hunting rifles in cafes/dairy queens/mc donald's during hunting season and they never get arrested. I've done it too because if you leave it in the car, it's gonna get stolen. But, again, IANAL. I'll ask prepaid legal on Monday and report back....

P.P.P.S. Carry an old shotgun that was dropped out of a tree stand and doesn't work anymore is my suggestion. If you are arrested and it is confiscated, you will never see the gun again. Mr. Johnny cop will have a new hunting rifle. Some jurisdictions take months to give your gun back but others will lose it and you'll never see it ever again. If I remember correctly (and correct me if I'm hallucination because I am unsure of this), the surety bond for a class C misdemeanor is not more than a C note or two. If it is inexpensive, I will even pay your bond, if arrested.

Here's a brother at an Obama rally with an AR15 who did NOT get arrested. I think that he was not arrested because he was being video recorded. I will arrange to have you video recorded while you are carrying. " onclick="window.open(this.href);return false; BTW, here's a quote from the brother in the video when asked why he has to carry a gun everywhere, "Because, I can't carry a cop everywhere with me." Man, that's one cool cat (my hero)!

Yes, I know, the confederate flag stands for southern heritage and not necessarily bigotry, but the general public doesn't understand. We are trying to win the hearts and minds of the public with publicity. Throwing in other variables into the mix will just confuse the public. Keep it simple and keep it positive is the formula to successful political protests. I will go next weekend to a local college and see if I can recruit some young 'uns to go to this thing. I suggest that y'all do the same. Those college bulletin boards (cork not electronic) in the dorms and outside study halls are perfect for this....

Hey, here is why we need to keep it simple and not throw in any other variables. Remember, we are not the general public. We CHLers have never committed serious crime, we use this electronic forum and I regularly see people ridiculed here for using bad grammar (so we must be fairly intelligent and educated). Oh, and don't forget the CHL test is written in English so you have to be literate. This is how the general public thinks (and votes): " onclick="window.open(this.href);return false; . Need I say more? Public schools, computer games, TV, and nutritionless fast food has rotted the minds of an entire generation. Did you know that our young 'uns are allowed CALCULATORS in public schools and on the SAT?! The government fed and "educated" masses are all idiots out there, so let's keep it simple!

To see how far our minds have rotted, here is an 8th grade final exam from the year 1895. Can you pass it? Heck, I might even fail it. http://people.moreheadstate.edu/fs/w.wi ... grade.html" onclick="window.open(this.href);return false; Warning, off topic rant: before we had public indoctrination, I mean, public schools, we had an apprenticeship system where responsible adults taught a child as his peer. The peer pressure was to be a responsible adult and you got to learn a useful trade, as well as reading, writing, and arithmetic. Now, the peer pressure is to be an irresponsible child because your child's peers are children. That's why we have teen pregnancy, Columbine shootings, bullying, etc. We need to do away with public schools and go back to the apprenticeship system of the 1800's.

AFAIK, IANAL.

[gabe]

Here's a brother at an Obama rally with an AR15 who did NOT get arrested. I think that he was not arrested because he was being video recorded.

Good point doc. We should have lots of video cameras at the event so we can counter the MSM and APD lies. Youtube and social networks are powerful tools for getting the truth out. Most cell phones will take short video clips in a pinch but real video cameras or helmet cams are even better for documenting it.

[SA-TX]

... (deleted doc's post to save space)
Good point doc. We should have lots of video cameras at the event so we can counter the MSM and APD lies. Youtube and social networks are powerful tools for getting the truth out. Most cell phones will take short video clips in a pinch but real video cameras or helmet cams are even better for documenting it.

Does anyone have any official correspondance from APD stating that someone carrying long arms would be arrested? I'd also like them to answer the question about openly carrying a pre-1899 handgun in a holster.

There was also a question about parades or gatherings. I could not find any sections relating to them. IANAL, but I see no provision that would prohibit a person from engaging in free speech at a lawful assembly (is there an area on the capital grounds that can be booked for protests/gatherings and has this been done?) while carrying a long gun in a manner not "calculated to alarm".

I think video cameras will be very helpful. Police use them in patrol cars and I think they level the playing field so that both sides understand that their actions will be preserved for review later.

Here are the Penal Code sections that are usually used for gun charges:

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

(2) on the premises of a polling place on the day of an election or while early voting is in progress;

(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of an airport; or

(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or

(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue, or other established place of religious worship.

(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

(f) In this section:

(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.


... (deleting duplicate sections dealing with judges and court officials to save space)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(obviously non-applicable sections deleted to save space)

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

(6) fights with another in a public place;

(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(9) discharges a firearm on or across a public road;

(more obviously non-applicable items deleted to save space)

(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and

(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

Sec. 42.02. RIOT. (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which:

(1) creates an immediate danger of damage to property or injury to persons;

(2) substantially obstructs law enforcement or other governmental functions or services; or

(3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

(b) A person commits an offense if he knowingly participates in a riot.

(c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly.

(d) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

(e) Except as provided in Subsection (f), an offense under this section is a Class B misdemeanor.

(f) An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was:

(1) in the furtherance of the purpose of the assembly; or

(2) an offense which should have been anticipated as a result of the assembly.

Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly:

(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or

(2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises:

(A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or

(B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.

(b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.

(c) An offense under this section is a Class B misdemeanor.

Here are a few interesting sections that APD might need to be reminded of:

Sec. 42.04. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER EXPRESSION. (a) If conduct that would otherwise violate Section 42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service Disruptions) consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the actor must be ordered to move, disperse, or otherwise remedy the violation prior to his arrest if he has not yet intentionally harmed the interests of others which those sections seek to protect.

(b) The order required by this section may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation.

(c) It is a defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055:

(1) that in circumstances in which this section requires an order no order was given;

(2) that an order, if given, was manifestly unreasonable in scope; or

(3) that an order, if given, was promptly obeyed.



Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 2, Sec. 2, eff. May 19, 2006.





Sec. 42.05. DISRUPTING MEETING OR PROCESSION. (a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.

(b) An offense under this section is a Class B misdemeanor.

[Fangs]

I might be able to make it out, though I'd most likely stick to carrying an airsoft shotgun and an HD video camera... and my concealed handgun.