I have a concealment question
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frankie_the_yankee
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I won't go around worrying about what some cop afflicted with poor judgement might do. I do my best to follow the law. If what I'm doing is legal, I'm not going to worry about it.seamusTX wrote:Try this.frankie_the_yankee wrote:And I am not aware of people getting convicted of failure to conceal merely because they were printing.
The guy wasn't convicted of anything, but he was arrested and charged, and had to hire a lawyer to get him out of trouble.
Of course, aside from being shot by the police, that's about as bad as it gets, and it was a long time ago.
- Jim
That's been my policy for a long time and so far so good.
There's something that bugs me about the idea of avoiding doing something because a cop may incorrectly arrest and charge me. Life is too short to worry about things like that.
So if I happen to print I print. If some Daffy Duck cop arrests me for it, we'll all go to court and straighten it out.
Just my $0.02.
Ahm jus' a Southern boy trapped in a Yankee's body
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txinvestigator
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No, it is up to a judge or jury. To effect an arrest, a cop must believe you intentionally failed to conceal the gun. Two facts;boredelmo wrote:The thing about whether or not it is "breeching of the law" is that its up to the cop.
The word "intentionally" has a specific definition.Texas Penal Code
46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
Texas Penal Code
§ 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A
person acts intentionally, or with intent, with respect to the
nature of his conduct or to a result of his conduct when it is his
conscious objective or desire to engage in the conduct or cause the
result.
Describe said situation.I can definitely see a situation where someone would get in trouble for unintentionally printing.
I am so tired of that old, tired and FALSE statement. A cop who makes an arrest without good faith, or does so knowing there was no violation can face Texas criminal charges of official oppression. He would also face Federal civil rights violations charges, and the Feds don't care about good faith.Cops can arrest you for pretty much anything and let the court sort it out.
Oh, what made the cop's day bad?Don't say it isn't true, a fellow was arrested and jailed for not having a front reflector on his bicycle because the cop was having a bad day. I was there when the judge looked at the charges and laughed and let him go.
It IS a violation to not have a front reflector under specific circumstances. This "case" if it exists, proves nothing.
*CHL Instructor*
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
There's one key fact you're missing.
Of course a cop can't do this or that without this or that. But police aren't perfect.
They do not have some kind of super power that allows every one of them to be the perfect cop.
Do you think every cop has that specific penal code ingrained in their heads?
Cops don't have power trips, bad days, make up a few key facts to get what they want? Not one single cop has ever been and never will be corrupt? The the system is perfect in its workings and has all the time in the world to concentrate of the legality of your arrest and charges? The 12 people selected from DPS records will have great knowledge of the law and won't be skewed in their decision making?
It's great for you to live by the laws and not worry about any sort of mishandling or flaws by the government, but i for one do not have such faith. I live by the laws, and then some.
Nothing in this life is black or white, there is always a gray area. Not even life and death. You can be alive and not really living. I guess I'm straying more into philosophy now.
Seriously though, i commend and respect your chosen way of life, but nothing is guaranteed. Bad things happen to good people.
Of course a cop can't do this or that without this or that. But police aren't perfect.
They do not have some kind of super power that allows every one of them to be the perfect cop.
Do you think every cop has that specific penal code ingrained in their heads?
Cops don't have power trips, bad days, make up a few key facts to get what they want? Not one single cop has ever been and never will be corrupt? The the system is perfect in its workings and has all the time in the world to concentrate of the legality of your arrest and charges? The 12 people selected from DPS records will have great knowledge of the law and won't be skewed in their decision making?
It's great for you to live by the laws and not worry about any sort of mishandling or flaws by the government, but i for one do not have such faith. I live by the laws, and then some.
Nothing in this life is black or white, there is always a gray area. Not even life and death. You can be alive and not really living. I guess I'm straying more into philosophy now.
Seriously though, i commend and respect your chosen way of life, but nothing is guaranteed. Bad things happen to good people.
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frankie_the_yankee
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Who said anything about having faith? Faith in the government to do right? I don't think so (even though the cops do "do right" the great majority of the time).boredelmo wrote: It's great for you to live by the laws and not worry about any sort of mishandling or flaws by the government, but i for one do not have such faith. I live by the laws, and then some.
Nope. The reason I don't worry about the government doing me wrong has nothing to do with faith. Rather, it's because I lay full claim to my legal rights and am willing to fight for them if necessary.
Ahm jus' a Southern boy trapped in a Yankee's body
I'm sorry for throwing this thread off track, let's not get too deep into our personal lifestyles.
To the OP:
1. It's legal for you to open carry mags, speeder loaders, and unintentionally print.
2. My advice is to be wary about the specifics of penal code because of certain factors.
3. Not everyone agrees with that and that is fine.
To the OP:
1. It's legal for you to open carry mags, speeder loaders, and unintentionally print.
2. My advice is to be wary about the specifics of penal code because of certain factors.
3. Not everyone agrees with that and that is fine.
For what it's worth, Watauga has has horrendous problems with its DPS for a long time, and they make the front page of the Star-Telegram for about once a year doing something incredibly stupid. They have had about 5 police chiefs in the last decade...not a good sign.
Nobody's perfect, but when I saw the department involved in this, although it was 9 years ago, I wasn't surprised. Not to bust on cops, but the quality of a city's staff starts with the council and city manager. After a period of competent leadership, things should get cleaned up. If they aren't, those people need to go too.
Nobody's perfect, but when I saw the department involved in this, although it was 9 years ago, I wasn't surprised. Not to bust on cops, but the quality of a city's staff starts with the council and city manager. After a period of competent leadership, things should get cleaned up. If they aren't, those people need to go too.
"Everybody wang-chung tonight."