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by EEllis
Wed Jul 03, 2013 8:33 am
Forum: General Texas CHL Discussion
Topic: Front Yard Open Carry
Replies: 60
Views: 7939

Re: Front Yard Open Carry

cb1000rider wrote:
TexasCajun wrote: And exactly how are the police supposed to determine what is actually happening (whether the behavior in question is legal or not) without directly responding to the call?????

Based on the available information, there could be enough unreasonable behavior to go around. Heck, it could actually turn out to be a nexus of unreasonable where you have a militant pro 2a guy bent on making the YouTube hall of fame surrounded by the most ardent Blomberg-Obama acolytes. If this were the situation, I believe the cops would be forced to put everyone on notice that another call to the neighborhood would result in everybody going to jail. But most likely, the true situation probably lies somewhere in the middle. So the cops can either continue to respond to the calls, inform the neighbors about exactly what constitutes a credible threat, or ask the guy to take up a different hobby.
I'm not advocating that they don't respond. I'm advocating that they start with the person making the complaint before they detain someone for lawful behavior.
How should they respond:
Ma'm: Is the neighbor pointing the gun at anyone?
Ma'm: Is he acting in a threatening manner?
Ma'm: Has he fired the gun?
Ma'm: Is there anything else you'd like to tell us?

Based on the response to those questions, then they either provide some legal advice to the person making the complaint or they investigate the Man with A Gun. If the neighbors provide untruthful information, they've got a problem.

How is this any different than a neighbor calling the police on me for riding a motorcycle in my own yard? I might be illegal if I'm riding without a license, but you won't know until you stop me and ask me for my license.. The default action cannot be to "assume" a crime is in progress, otherwise we all can be stopped and questioned. There has to be some culpable suspicion of a crime that is being committed or is about to be committed.
And if the persons only response is "He's acting strange?" then what. Not everyone is eloquent enough or has the self awareness to adequately explain why something is making them nervous. One of the big deals is here is the whole "spidey" sense and being ready when we are out but that goes away when we go home? How about some of the physical signs of mental impairment thru illness or drugs? Would you make fun of someone calling the cops because the guy was "twitchy" or "shifty eyes"? How about heavy sweating? Pro gun is one thing but it's not a violation of anyone's rights to let the cops know about a concern.
by EEllis
Mon Jul 01, 2013 5:46 pm
Forum: General Texas CHL Discussion
Topic: Front Yard Open Carry
Replies: 60
Views: 7939

Re: Front Yard Open Carry

Seabear wrote:Easy now, LOL I was posting quickly earlier before heading out the door. When I said
Seabear wrote:
I think they need to talk to the DA.
What I meant was, why ask me? They should ask the DA or someone in their Dept. if they are not sure. I have been asked about it now 3 times by three different people.

I told them he was within his rights, and they know that. The problem I see is from the sounds of it he is taunting them. We don't need that behavior if that is truly what is going on. I haven't seen it so I am just getting one side of the story.

The reason why I said I think he is being a jerk...(based on their story) is he knows he can't leave his property so he skirts the edge as close as he can. He's not out there mowing, or getting the mail, etc. He only goes out and paces back and forth when his neighbors are visible. I know, still legal. But seriously, don't we have enough trouble without antagonizing people?

Sure, legal, but is it right?
If it's really a big issue then they need to start videoing him. Harassment and public disturbance are crimes not to mention civil action for nuisance. Cops and courts can't see any of the other stuff he is doing so get it on tape. And have them use a good camera with good sound then post him being a jerk on youtube. ;-)

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