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E.Marquez wrote:Might want to read up a bit, before making such a definitive statement
http://www.statutes.legis.state.tx.us/D ... /PE.42.htm" onclick="window.open(this.href);return false;
"(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;"

Personally, I think it is a ridiculous law. Disorderly conduct shouldn't be used as a club to criminalize lawful activity.

srothstein wrote:Brad Mc, I have two different answers to your question because it really does depend on the situation. In the case of a citizen who is doing what he normally does when he gets stopped by the police and he then stands on his rights, I think society is improved by the encounter. In cases like that, I agree that the police need to meet people like this every so often until they learn that people have rights that must be respected.

But in the case of the people who go out looking for a confrontation, I think no one is improved by the stop and society is hurt more in general. The person looking for a stop did not convert anyone and ends up convincing some middle-of-the-roaders that open carry, or whatever the point is, is for nuts and the lunatic fringe and that "normal" people don't do that. The cops usually give the impression of being idiots and thugs and not knowing the law or respecting people's rights. This puts more people and cops in adversarial positions, and I cannot see that as a any benefit to society or anyone except criminals. Police need to work with the citizenry to solve crimes and the citizens need to have some good cops out there to help protect them from the evil.

So, to me, the situation is important on whether or not this is a good thing. For the most part, I am convinced the police need to learn and remember the rights of citizens, but no one learns from forced confrontations.

I think your points are reasonable.

There are a couple of other scenarios as well. From your first paragraph, I am very aware of cases where it is simply an ordinary law-abiding citizen open carrying in their daily affairs, and a police stop that goes bad. For example, there is one case in Canton OH where a PA resident was visiting. Although he had a PA LTCF (License to Carry Firearms), there is no reciprocity between OH and PA, so he legally open carried. He was arrested, tried, charges dismissed. They had video of the local police Captain and Lt. discussing they knew he was legally open carrying, so what could they charge him with.

In response to those kinds of police abuses, there have been numerous open carry protests organized by Ohio 2nd Amendment organizations in the locality where the arrests have occurred. These demonstrations have always been held with advance notice to both the police and the press, and have been peaceful. There were anywhere from 20-150 participants. They were obviously videotaped as well.

As a result of these and similar actions, the open carry climate has changed dramatically in Ohio during the last ten years. Even in the large cities like Columbus and Cincinnati, the police are well aware and trained that open carry is legal and does not by itself constitute RAS. When I open carried there, I never had a negative police encounter, even when I was down in the area surrounding the Ohio State University. Imagine someone open carrying in Austin in the area near UT, and have it be completely ho-hum, a non-event.

When we would have open carry meet 'n greets, there would be 15-20 people eating a meal together in a restaurant while open carrying (the restaurant was always chosen for being 2A friendly and OK with the event). It often produced questions from other people, most of whom were surprised to learn it was legal. Their next question was invariably, "Am I allowed to open carry too?"

I will also note that when an ordinary law-abiding citizen gets wrongfully arrested, the only realistic way to have their testimony have credibility is when they have audio and/or video of the encounter. Without evidence, the police testimony is going to be the testimony that is believed in court every time. I don't consider myself someone who has ever sought a police confrontation, but I do consider myself to be prudent. Even now, I am set up to record any encounter whenever I leave the house.

I don't think it makes any sense to be a confrontational jackwagon in general, not just limited to open carry rights. That goes for both people you meet in the street, and for interactions with legislators.

But I also believe that rights not exercised are rights that are lost, and it is often the pioneers that are the ones with the arrows in the back.