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by anygunanywhere
Mon Jun 01, 2015 5:38 pm
Forum: 2015 Legislative Session
Topic: What are your "complaint" options?
Replies: 61
Views: 32056

Re: What are you "complaint" options?

SA-TX wrote:
anygunanywhere wrote:We have constitutional law of our side, we know it, and they do too.
Maybe. We hope so. Charles said we'll have go wait and see if the 5th Circuit adopts the position that being openly armed or responding to a MWAG call isn't enough. The 6th Circuit recently said that http://www.ca6.uscourts.gov/opinions.pd ... 92p-06.pdf and even referenced a 5th Circuit case in support (http://openjurist.org/5/f3d/894). Time will tell. I agree but theirs are the opinions that count. I'm confident that Charles and the TSRA legal team will keep us appraised of the developments both before and after the law is effective.

SA-TX
If there is no RAS or PC they have nothing if what we are doing is legal. They have until 1-1-2016 to understand this fact.
by anygunanywhere
Mon Jun 01, 2015 12:29 pm
Forum: 2015 Legislative Session
Topic: What are your "complaint" options?
Replies: 61
Views: 32056

Re: What are you "complaint" options?

joe817 wrote:
joelamosobadiah wrote:
Ruark wrote:I appreciate the input here, and it's a viable topic of conversation, but I'm hoping we can get back to the original question: in the case of investigatory stops without PC, what complaint options are available besides a $350-an-hour lawyer?
The same options that are available for all other types of complaints. You can go to the commanding officer, file a complaint through whatever system your agency may have in place, you may contact elected representatives (mayor, senator, congressman, etc.) or you may take it to the court system. You may even take it to the court of public opinion via social media or news outlets.

What type of answer are you looking for? Creation of a state-wide oversight agency?
The simplest answer I can think of is: Simply don't open carry until after the dust settles. Let others be the frontrunners on this new way of carrying a pistol. Let them be the test case and just sit back and watch and see what happens. My prediction is......nothing. ;-)

There will be 7 full months for all law enforcement agencies to fully educate their officers and have them vetted by the time we can OC.

I see all these 'sky is falling' conversations about what "some" LEO's might do and how our rights are being violated, is much to do about nothing.
This forum essentially speaks for all CHLs. We are the only ones allowed to OC once the law takes effect except for LEO. If we (collective) wait for the dust to settle it will never settle. This isn't necessarily a beat the rap not the ride scenario although it could be. We have constitutional law of our side, we know it, and they do too.
by anygunanywhere
Mon Jun 01, 2015 8:41 am
Forum: 2015 Legislative Session
Topic: What are your "complaint" options?
Replies: 61
Views: 32056

Re: What are you "complaint" options?

Ruark wrote:I think it goes without saying that some LEOs are going to perform excessively invasive investigatory stops. Say, instead of just glancing at your CHL and saying "have a nice day," the LEO takes your gun ("for your own safety, sir"), goes an sits in his car for 10 minutes checking for warrants, several other LEOs arrive for backup, your gun is unloaded and the shells scattered on the ground, a crowd gathers, etc. All this has happened to people lawfully carrying in other states.

We've often read on here that in such a case, a complaint should be filed, maybe a lawsuit. But that's easier said than done; there are many of us who can't afford to pay some lawyer $350 an hour to sue a city government. What other avenues of action could be taken, given that nobody wants to take the case pro bono? It might be useful to know just what the options are.
Class action against those departments that allow these incidents. There is never just one.

Hopefully there are lawyers that support the 2A who will step forward.

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