Front Yard Open Carry

[bdickens]

Let's not forget that people also have the right to be jerks.

[cb1000rider]

To me, the video taping is him letting the LEOs know that they need to be careful and do things correctly. It's too bad that it's sometimes necessary.
It's funny though, if you strap on an AR-15 and walk down the street, which is essentially exercising the same rights, people get a lot more contentious about it.

My neighbor was shooting a .22LR in his back yard about a month ago. I heard the gun, walked back there, saw that he was shooing at a target with a rotten 2x6" backstop. I casually mentioned that his shots were going through that backstop and certainly stopping somewhere down range (there is a house within 1/4 mile downrange). I suggested that he find another backstop. No problems...

[Cedar Park Dad]

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.

[JALLEN]

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?

[Gunner4640]

He is entirely within his rights to open carry on his property.

It is not anyone's business if he open carries on his own property.

I have open carried in my front yard. I don't care what people think.

If the neighbors are agitated they need to get over it.

The police need to tell people he is entirely within his rights to OC on his property, that this is legal, and that they should try it.

As long as he does not stray off his property he is fine.

Why is this being blown out of proportion? Why try to convince the DA to take action on something that is legal?

What you suggest makes it sound like you want this to be New York or some other anti state.

Anygunanywhere

That is an outstanding answer Very well put.

[Cedar Park Dad]

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?

Pfft details. Pre school sloaties on each arm will work too.

[Seabear]

Easy now, LOL I was posting quickly earlier before heading out the door. When I said

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?

[cb1000rider]

No law broken so nothing they can do.

Actually, there is a lot they can do. None of it is stuff they "should" do, but it happens quite a bit.

If there was really nothing they could do, there would be no reason for the police to make contact with the home owner. IE - "we've got no cause to investigate". They already got that wrong.

[EEllis]

Easy now, LOL I was posting quickly earlier before heading out the door. When I said

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.

[JP171]

makes me wonder if the neighbors are anti-gun nuts and he is taunting them, if so hmmm GO FOR IT!!!!!

[Seabear]

makes me wonder if the neighbors are anti-gun nuts and he is taunting them, if so hmmm GO FOR IT!!!!!

That's the odd thing, they are Pro Gun from what I understand, but his actions are making them and the cops nervous.

Heck one that asked me about it is the most hard core gun nut I know. Go figure.

[JP171]

yea well pro gun means many things to many people, I worked for a guy that hunted, he had signs up all over the place NO GUNS, had a 30:06 sign and wondered why anyone needed one of them black assault rifles what killz lotz of people. so as people are never what they seem but what they really are and we have no idea what they really are. sounds like if they are pro gun they are the provisional type that thinks that all firearms should be in the house under lock and key. As far as the LEO that asked, he/she seems to have a problem with the situation, I open carry in my yard a lot, never had a LEO ask me what I was doing so far, so maybe he is also the provisional type, thinks that guns in the home for home defense is ok, huntin is ok but carryin is kinda out there

[C-dub]

If they are all pro-gun I don't understand the problem either. Unless they are pro-gun to a point 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?

Maybe some folks should just try talking with him and being friendly. Talk with him about guns and make him think that it doesn't bother anyone. Maybe even thank him for openly carrying that might make some outsider think otherwise about doing anything in your neighborhood. Could be that if he thinks no one is annoyed with him that he stops doing it if he really is doing it to annoy someone.

[srothstein]

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.

[drjoker]

Yeah, I know that guy you're talking about. it's that dude with long hair who lives in Richardson, right? I've seen his Youtube videos.

I say, "good for him." He's committed no crime, why should he be arrested? I think the OP and the guy's neighbors are anti-2nd A liberals. I've accidentally OC'ed in my yard many times, my neighbors saw it, and waved "hello" and smiled. I smiled and waved back.

No, he's not videorecording because he's trying to instigate something. There are many reasons to record video. I record video with a pen video camera I bought for $15 on ebay. It is a great way to make a video diary of your life. Also, I've been wrongly accused at work of something and the video cleared me of these false accusations. A police officer once wrongly tried to write me a ticket for running a red light in Austin and I pointed out the witnesses and video in my car so he only wrote me a "warning" for running a red light instead. Just like other folks in other lines of work, there are good police officers and there are bad ones. I always video record all my traffic stops. I bet Zimmerman wished he had video of Trayvon ambushing him and pummeling him.

If you're a good guy, video is your friend. If you're a bad guy, walking around while hiding your face with a hoodie is your friend.

Besides, I'm sure any daily CHL carrier has accidentally OC'ed on their property before. You go home, you cast off your cover garment because it is hot and it takes time for the A/C to cool off your house. Then, you realize you've got to check for mail, packages, and the papers, so you open the front door and walk outside, oops! You just OC'ed. You neighbors didn't make a big deal, so I don't see why this guy's neighbors should make a big deal.

I just HATE busybody neighbors.