Army vet disarmed of his AR and 1911 by cop

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In Texas its illegal to expose firearms even in the country unless you re in a private land. But ouside the fenceline and in public roads , that is a no no.
I guess its now the discretion of the cop to take it from there if you resist to obey their instructions. Its quite tricky from then on.
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Handguns. I'm pretty sure open carry of a rifle is perfectly legal unless you are deliberately disturbing the peace with it. (But it's been quite a few years since I lived there.)

From what I've read, THE KID should press charges for false arrest.
 
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm

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 or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
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I know TexasRifleman noted many times that there is no mention of long guns in Texas' prohibition on open carry, but here's the statutes themselves.
 
He certainly was displaying (it could be seen) the firearm, albeit not rudely. All the cops seemed to be on the same page about how he was being "handled".

It's too bad he didn't have the rifle in a small zip cover or something, slung next to or across his backpack. If someone called then, I suppose they would have charged him with illegal concealment of a firearm, or something.

I hope he gets his weapons back after the trial, and doesn't lose his carry permit.

What next?

Have a flat: charged with failure to maintain proper pneumatic pressure within a pressure vessel.

Battery dead: charged with failure to maintain proper electrical potential within a vehicular lighting/charging system.

Relieving yourself in the woods, caught by a spy satellite: Rudely emptying a personal bladder system, upsetting a delicate eco system, and willfully damaging beneficial ground cover.

I hope those cops are reprimanded, but it will be found they did nothing wrong.

We didn't get to see the whole video, but I wonder if anything would have been done if he had been carrying any other longarm, besides his EBR?

No open carry in TX, but this could have been handled better.
 
OldCavSoldier said:
IMHO: Anybody who carries a firearm outside their clothing, and who is not working on a ranch or other such enterprise, is being extremely foolish. When bad-guys go into a place to rob it and the patrons, who does anybody think will be the FIRST people they shoot? Yes. The ones with the exposed guns.

So, keep your hardware hidden. Then, you can give the bad-guys a nasty surprise when they discover that they are not the only ones with a gun.
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name a SINGLE reported case.... back up your claim. You act like it happens all the time

Why do people feel the need to make up scenarios that either don't happen at all, or happen very, very, very rarely


but I can cite a case off the top of my head where an open carrier (of a large single action revolver) took down a perp who pulled a gun on a cashier at a gas station that the open carrier was standing in line to pay
 
What is missing from the videos is what happened BEFOREHAND.
http://www.kcentv.com/story/21860185/local-soldier-says-police-violated-his-guns-rights

According to the police, he didn't comply with their instructions. So apparently what transpires in the videos is what happened AFTER that point.

Most of the outrage is fluff. It does not matter that Grisham was military, a hero, or not. There are quite a few military vets in prison, cops and judges as well. That sort of information is not relevant to the event at hand. If rights were violated, it doesn't matter if he is a hero or a regular citizen, rights should not be violated. There is nothing I see in the law or Constitution about hero status putting a person above the law, or below it.
 
How is most of this outrage fluff? Military hero or just John Q. Citizen his rights were violated! You are right about his military status, it doesn't matter! HIS CIVIL RIGHTS WERE VIOLATED! RIGHT IN FRONT OF A TROOP OF BOY SCOUTS! WHAT DOES THAT TEACH THEM ABOUT OUR CONSTITUTION & OUR CIVIL RIGHTS?
 
wow!

read all the posts 1st then watched the vid

it (the vid) just made me angry....i bet the citizen is being flooded with calls from plaintiff's attorneys
 
"just cause a guy has a gun he's dangerous"

"yes sir"

"then kindly explain to me why you are allowed to tote around a gun"

disgraceful..hope those cops are fired...hope that guy gets a huge amount in a law suit.
 
After reading the article cited I'm still sympathetic to the guy. The charge of "resisting arrest" seems like something made up after the fact. The dept's comments look boilerplate and CYA. It looks from here, without any further evidence, like police misconduct.
 
Bubba613 said:
After reading the article cited I'm still sympathetic to the guy. The charge of "resisting arrest" seems like something made up after the fact. The dept's comments look boilerplate and CYA. It looks from here, without any further evidence, like police misconduct.
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Yeah the entire "tell it to the judge" thing gets old after a while. We shouldn't have to be arrested, have our property seized and hire a lawyer in order to protect our rights....
 
Actually Bubba, I am as well. But don't think his story is unbiased and actually believe he is hyping it...which is a shame because it probably is not necessary.
 
The Ft Hood Army Base is closed to Waco and Temple. THe cops and sheriffs of that city deal with all sorts of characters from the military community. They can be callous at times and can overstep their policing mandate.
 
This is in my AO. Rural area, overun with feral Hogs and some folks have reported a Cougar in the area.
I don't blame him for escorting his Son with a long gun in that area. I don't see anything he did as harmful. The boy needed a 10 mile hike for a merit badge, you bet I am going to be with him.
That being said I think I would have personally handled it differently. Why not drop and pocket the mag and clear the weapon and then move forward to speak to the officer?

Temple Texas Police aren't exactly over reactive, but statement like "We dont care what the Law is" and then flagging the back of the guys head while taking his pistol were really telling when it comes to their knowledge of the Law and their general disdane of the public.

http://dailycaller.com/2013/04/12/p...-video/#ooid=EwNzl3YTpB5twGTGZN5AZZFsb6QzoPhm

I shoot with his Attorney, he is a good man and will have fun with this I am sure.
 
This kinda stuff happens every day in all levels of government. Lots of bullies in the government who don't follow the rules and try to stick it to the citizens. There are lots of good police and gov. workers too, but lots of bad ones too. It has always been that way.

What happens next is very important and determines where we go as a society. Is the police officer demoted, fired, promoted, re-trained, or ignored so it can happen again?
 
I don't know exactly what happened, but some of the things said by the LEO's would have me believe that they overreacted and may have stepped in it. Then they charged him with resisting arrest. Then they dropped that charge and charge him with interfering with a peace officer.

With all of that said, the part that angers me the most is this.

Chris followed his dad’s instructions to keep the videotape going — even though it’s clear the incident took an emotional toll on the boy. As the officers put Grisham in the back of the car, the video picked up sounds of Chris crying.

The officers told Grisham they would take the boy home.

“I told him not to answer any questions,” Grisham said. “I told him not to answer a single question until his mother was there — and she would answer the questions for him.”

But that’s not what happened.

Chris told Fox News that the police officer refused to let him out of the car until he answered a series of questions. The boy had not been arrested.

“The officer told me that I wasn’t getting out of the patrol car until I answered his questions,” Chris said. “He said I didn’t have a choice. I was scared.”

Grisham said his boy was traumatized by the incident.

“Every time he sees a police officer he has a panic attack,” he said. “That’s unfortunate because we always taught our kids to respect police officers. My wife and I are angry about it.”
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I would be irate and want heads to roll. It is one thing to violate my rights, but to violate my kid's rights. BS
 
[/Vet: Just because a guy's got a firearm, he's dangerous?
Cop: Yes sir.

Cop: When you alarm people and they called us then we can come ... and investigate.
Vet: Okay, did you explain to them what the law is, sir?
Cop: They don't care what the law is.
QUOTE]

Apparently the law doesn't matter to the cop either.
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This reminds me of a time when I was shooting on county land across a river (which I learned was illegal because it was a right of way, not to mention I didn't own the land). A sheriff pulled up, and I slowly approached him with a holstered Glock 17. I greeted him in a polite and professional manner, and removed my sunglasses and he informed me that he was going to need to take my weapon. I calmly positioned myself so that he could easily remove my pistol from its holster. From there he informed me that what I was doing was illegal. We had a nice chat about Glocks and he returned my pistol and we both went on our ways.

It was not legal for me to open carry like I was doing, and it was not legal for me to discharge a firearm. I could also have been said to be littering. However, by setting my pride aside and communicating in a respectful manner, I was able to defuse any conflict before it started. Now, maybe I got lucky and maybe this guy got unlucky and it certainly seems like these police officers are out of line, but when you raise your voice to them it is only going to strengthen their resolve to detain you. The bozos out there that yell at the police and argue with them are a dime a dozen, and it would behoove anyone to behaviorally distance themselves from this group as much as possible. I've never seen someone argue their way out of an arrest. That said, I hope that the police in this area learn a lesson, and that this man is compensated for his troubles.
 
So questioning the kid without parental consent... what's the law in Texas say on that?

If they're animals like a cougar in the area I don't blame him for being armed. It's more alarming that we can let people push others around with a call. He's got a two mile area for a guess on who called... I'd get new neighbors or coral that cougar their way. :evil:
 
This is part of the reason why I look at Texas in the light of an anti-2A state. Texas does not stand for 2nd amendment rights.
 
Black Knight
Vet: Just because a guy's got a firearm, he's dangerous?
Cop: Yes sir.

Cop: When you alarm people and they called us then we can come ... and investigate.
Vet: Okay, did you explain to them what the law is, sir?
Cop: They don't care what the law is.
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Apparently the law doesn't matter to the cop either.
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Well...........being that Disorderly Conduct in Texas includes "displays a firearm...... in a manner calculated to cause alarm" IS THE LAW, the cop may be correct.

If I see a guy in camo walking down a country road with a shotgun over his shoulder.....no problem.

If I see a guy walking down a city street in a tactical vest with an AR....your damned right I'm alarmed.

Sgt Grisham failed to understand that Texas law regarding open carry of firearms is poorly written and does not provide him with the free pass he thinks it does.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm

PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

(3) creates, by chemical means, a noxious and unreasonable odor in a public place;

(4) abuses or threatens a person in a public place in an obviously offensive manner;

(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;
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dogtown tom said:
Well...........being that Disorderly Conduct in Texas includes "displays a firearm...... in a manner calculated to cause alarm" IS THE LAW, the cop may be correct.

If I see a guy in camo walking down a country road with a shotgun over his shoulder.....no problem.

If I see a guy walking down a city street in a tactical vest with an AR....your damned right I'm alarmed.

Sgt Grisham failed to understand that Texas law regarding open carry of firearms is poorly written and does not provide him with the free pass he thinks it does.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm
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Tom, you obviously know way more than I do on Texas law, but that is a ridiculous law.

Calculated???? By who???? 100 people and you have 100 different calculations. Seems as is they wrote that law so they could basically arrest anyone for open carrying.
 
AT, the law was just changed in CO to be similar for exactly that reason. The pols in power didn't like open carry and saw a very simple way to sneak in a block.

Someone was alarmed if they got the call. At that point it is a judgment of the cop as to what was intended.
 
The guy is less than stellar from the other stuff I've read about him. Basically a FOBBIT who got sent home early. You draw your own conclusions.
 
M/Sgt. Grisham is not new to controversy. Grisham had a big spat with the Huntsville, AL. school board over school uniforms. Some of his blogs got Grisham in trouble with the US Army. Grisham blames the school board for his troubles with the US Army.

This M/Sgt. Grisham story is all over the web. Every time i read it i'm reminded of the guy in TN who painted his Draco orange and carried it openly in a park.

http://www.armytimes.com/article/20...80301/The-rise-and-fall-of-a-military-blogger

BTW: i'm a serious hunter of wild hogs. Most of my hog hunting is done alone with a muzzleloader. At age 74 i'm not terrified of hogs despite the fact a few have charged me. Killed a cougar with my muzzleloader while tracking a wounded hog.

M/Sgt.
US Army EOD
Retired
 
It was not legal for me to open carry like I was doing, and it was not legal for me to discharge a firearm. I could also have been said to be littering. However, by setting my pride aside and communicating in a respectful manner, I was able to defuse any conflict before it started. Now, maybe I got lucky and maybe this guy got unlucky and it certainly seems like these police officers are out of line, but when you raise your voice to them it is only going to strengthen their resolve to detain you.
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The difference between his situation and yours was that what he was doing is legal. You were doing illegal activities.

If I'm doing something that's within the law, I'm not going to stop because some idiot either doesn't know the law, or doesn't like what I'm doing.
 
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