Front Yard Open Carry

[drjoker]

http://youtu.be/B4MbOTQ2bME

Here is the video of the guy in Richardson who open carries on his front lawn.

[Rrash]

http://youtu.be/B4MbOTQ2bME

Here is the video of the guy in Richardson who open carries on his front lawn.

I like how at the end, he has his Glock unholstered as he loads a mag and prepares to insert into the mag well. Really smooth.

[Cedar Park Dad]

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.

Agreed.

[anygunanywhere]

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.

There are "hard core gun nuts" who are hard core as long as you do things their way. Any deviation from their standard draws their anger.

Being a second amendment purist is one of the truly liberating freedoms. In the pure practice you can own whatever caliber you want, carry wherever you want or need to or any other aspect of owning and carrying firearms. As long as you do not endanger someone else and act responsibly you should be able to do what you want.

A true gun nut would not care what the individual is doing.

Oh, almost forgot, you also have to own at least one 1911.

Anygunanywhere

[C-dub]

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.

Since the OP is in Corpus I don't think that is the same guy. I also remember that news piece.

[TexasCajun]

Sounds like one of those 2a-youtubers that try to bait LEOs into confrontation to prove their point. Unfortunately, the police have a duty to respond to all calls. So it sounds like they are getting as annoyed about the situation as the neighbors are. The police should explain to the neighbors what constitutes a valid threat and to call when there is an actual need or violation of the law. And to give equal time, I'd encourage the neighbors to video tape the guy as he's doing his routine.

Disclaimer: IANAL, IANLEO, I don't have any first hand knowledge of the situation. But I do have odd neighbors.

[Beiruty]

No laws are broken, leave the guy alone. He should sling his AR too anywhere he goes. It is legal too. Let some one utube it too. I would like to see the encounter with the LEOs.

[AcesFull]

We all do a good deal of researching things, laws and even case law to understand when we have the legal right to use deadly force. The same should apply to people who call 911 on frivolous bull. Start giving out citations to these uneducated callers and force them to educate themselves on the laws like we do.

[Deltaboy]

I open carry and I live in a town of 30,000 while doing yard work every slnce We started having big dogs running a loose. Animal control is an oxemonal name in my city.

[VMI77]

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

Sounds like he may have some neighbors from Kalifornia.

[VMI77]

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.

Merely having a gun is taunting a liberal.

[VMI77]

I bet Zimmerman wished he had video of Trayvon ambushing him and pummeling him.

Actually, it's a matter of record he did so wish. In court yesterday, Officer Serino was asked about an interview where they tried to elicit some kind of admission of guilt out of Z by telling him they had a video of what happened, and Z said something like "thank God." Pretty disappointed when he found out it was just a trick.

[Abraham]

Taunting must have more than one definition...

If I walk around on my property without actions that might cause intent to alarm, simply open carrying and some knuckle head (highly unlikely where I live as we are all gun folk, but I digress) is outraged, tough.

If said knuckle head calls the law - the law can educate them, because I won't. Mr/Mrs. offended will just have to stew.

I wouldn't like to see someone burning the flag, but I wouldn't embroil myself in such an activity that I find outrageous/disgusting, but not against the law. Nor would I call the police. Sure, I'd notice it and then move on minding my own business.

[SewTexas]

if you live in a neighborhood with homes close together you are "asking" for nosy neighbors...it's just the way things are...HOA's and nosy neighbors. and honestly that sort of behavior is targeted to trigger folks.

[cb1000rider]

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

There is absolutely no duty to respond to a call about legal behavior. I'd say that the duty to respond, if there is one, is to go see the people that called in MWG and explain the law to these folks.

A lot could be resolved neighbor to neighbor with a simple conversation instead of calling the PD.