Page 2 of 2
Re: Brandishing a Magazine?
Posted: Tue Jul 10, 2012 11:04 pm
by Seabear
Keith B wrote:Did they actually cite him for intentional failure to conceal? Or did they write him for disorderly conduct, or something else? There is no actual 'brandishing' law in Texas.
That's exactly what I said, so...more details to come. As of now the citation is called "brandishing"
Re: Brandishing a Magazine?
Posted: Tue Jul 10, 2012 11:07 pm
by Seabear
From my conversation with him this afternoon, the person in question was just given a citation and NOT arrested. I will definitely keep on top of this.
Re: Brandishing a Magazine?
Posted: Tue Jul 10, 2012 11:11 pm
by E.Marquez
What we sometimes forget is, the citation is largely a fill in the blank.. Intended to be filled out with facts, cites, and information based on current laws. But in the end it is still a fill in the blank form.. someone so inclined can fill in most anything they want (honestly believe to be true?)
Re: Brandishing a Magazine?
Posted: Wed Jul 11, 2012 7:54 am
by Keith B
Seabear wrote:Keith B wrote:Did they actually cite him for intentional failure to conceal? Or did they write him for disorderly conduct, or something else? There is no actual 'brandishing' law in Texas.
That's exactly what I said, so...more details to come. As of now the citation is called "brandishing"
Sounds to me like the officer may have written a citation for something that is not even illegal. I suspect that the DA will drop this if so. Still, the department needs to know that a visible magazine is not illegal, intentional or not.
Re: Brandishing a Magazine?
Posted: Wed Jul 11, 2012 8:04 am
by AEA
Re: Brandishing a Magazine?
Posted: Wed Jul 11, 2012 8:18 am
by chasfm11
Keith B wrote:Seabear wrote:Keith B wrote:Did they actually cite him for intentional failure to conceal? Or did they write him for disorderly conduct, or something else? There is no actual 'brandishing' law in Texas.
That's exactly what I said, so...more details to come. As of now the citation is called "brandishing"
Sounds to me like the officer may have written a citation for something that is not even illegal. I will suspect that the DA will drop this if so. Still, the department needs to know that a visible magazine is not illegal, intentional or not.
I don't expose my mag pouches but it would take a very practiced eye to identify them for what they are. They could easily be a Leatherman or some type of specialized tool until you look at them closely. From more than 4' away, I'm not sure how anyone could tell.
I'm sorry but this who thing has sounded pretty nit-picky from the beginning. But it appears that is the direction of law enforcement in some areas. I'm sure that the individual LEOs are not behind it but the events are getting more and more ridiculous. Here's another one.
http://nation.foxnews.com/nanny-state/2 ... ront-stoop
You’re all getting summonses for drinking in public,” Mr. Rausa recalls one of the officers announcing from the other side of the wrought-iron gate in front of the brownstone, on Douglass Street in Boerum Hill.
Yes, I know that it is NY and not Texas.
Re: Brandishing a Magazine?
Posted: Wed Jul 11, 2012 9:30 am
by johncanfield
I carry a spare M&P magazine in my pocket and it rode around there for two months or so before we could get to the range for some practice. When I unloaded the HPs, I was amazed at the lint the housing collected. Thinking now about belt carry, but fully enclosed in a pouch. Even though displaying a magazine is legal, I prefer to keep a very low profile.
Re: Brandishing a Magazine?
Posted: Wed Jul 11, 2012 9:41 am
by AEA
Here's my thoughts on exposed mags.
In the winter when I have a heavy cover garment and go to the barber shop I leave the pistol in the car. My Mags and empty holster are visible when I take my coat off in the barber shop.
There is no legal requirement to conceal loaded magazines. This activity needs to be nipped in the bud each and every time it occurs. If it makes it to Court, and after it is dismissed, I would sue the Municipality for Court Costs and "pain & suffering & lost wages and my time & expense", including the time I was detained in the first place.