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EEllis wrote: 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.

anygunanywhere wrote:To be fair, you posted:

TexasCajun wrote:Unfortunately, the police have a duty to respond to all calls.

Therefore the batman costume is a valid response and the cops would have to respond.

TexasCajun wrote:Well if you think that a "man in a batman costume" call equates to a "man with a gun" call, then there's not much I can say that's gonna help you.

Nothing in your post ranked calls.

Anygunanywhere

srothstein wrote:

C-dub wrote:or the guy isn't playing with a full deck and really is doing it to taunt someone. In that case, though, wouldn't that make it illegal?

This is the key point of the law and why just saying he is on his own property and they should leave him alone is not a good answer.

In general, any person may carry a firearm, either openly or concealed, on property he owns. But, while he may have the right to carry a firearm, he does not have the right to threaten or scare people with it, according to Penal Code section 42.01. But the problem with this law is the evidence necessary to prove it. The law makes it illegal to carry a firearm "in a manner calculated to alarm". Note that the law does not care if another is alarmed, but if the manner is calculated to alarm. What is the intent of the person carrying and what does his manner of carrying show? Walking with the gun in a holster may not be illegal, but waving it around certainly could be.

The police should discuss with the DA what they can do, especially what he would need in the way of evidence to prove this case. They also might need to look at the laws on psychiatric commitment if the person is appearing unstable.

And, if he is stable and just being adamant about his right to carry, then the neighbors do need to have the law explained to them.

JALLEN wrote:

Cedar Park Dad wrote:

RPBrown wrote:No law broken so nothing they can do.

I open carry while in the yard as well. Although none of my neighbors are busy bodies and dont care.

You're not trying hard enough. Now open carry while wearing a clown costume and a Schlitterbahn inner tube.

You have your own Schlitterbahn inner tube?

RPBrown wrote:No law broken so nothing they can do.

I open carry while in the yard as well. Although none of my neighbors are busy bodies and dont care.

He is open carrying in his front yard, kind of just walking back and forth on occasion.