Thread: I'm our test case |
I just found out my local pd is filing unlawful carry charges against me. The facts that apply are the enroute to a lawful activity exemption. I will fight tooth and nail. Anyone who wants the whole story or wants to offer help can pm me. Just thought you'd be interested. More details to come as my attorney tells me I can give them. If I can give them.
I remember some talk at times (texaschlforum.com) of a case that was lost on appeal where a CHL holder was convicted of ulawful carry by a CHL instead of the traditional 46. (which applies to everyone without a CHL). The accused wasn't able to enter any of the defenses under 46 because he wasn't charged under that chapter, was convicted and lost on appeal for the same reasoning. Good Luck and keep us posted...
As per the atty this is ok to share... I was OCing under 46.15 and am now facing charges after being seen by a LEO. Ask specific questions I may answer them or just wait for the regular updates.
Rhanx AF, will do.
Good luck. Go get 'em--nail their anti-freedom, unjust nonsense.
I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. (Because that is the only way freedom can work. We have to respect all rights, all the time--for each other and everybody else--and strive to win the rights of the other guy as much as for ourselves. Which is just another way of saying that when you obtain rights for the other guy, you win them for yourself, too.)
The key question will be: what are they charging you with? Unlawful Carry of Weapons (46.02), or Unlawful Carry by a Licensee (46.035).Originally Posted by mustangkiller
I'll share your post with the Lone Star Civil Defense League.
Please keep us informed.
Where in TX do you live?
Which penal code are you charged with?
Thanx for the support so far. I live in Kleberg county and I'm not sure what exactly they're charging me with just yet. I'll post up when I find out. I hope its 46.02
Do you have a CHL?
Good luck! Should we set up a defense fund?
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I do, out of Utah.
I'm not gonna ask you to do that but I won't stop you either
Lol I don't know how to do that I just know how to donate lol
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Oh and if u could pm me and keep me in the loop that would be great!
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I thought Texans (& TX cops) had more sense?
Seriously, arresting someone for following the law?
Sounds like something Milwaukee, WI city/county would do. (DAMHIK)
Setting up a defense fund is fairly easy - get an email address you don't mind eveyone knowing [I made one with yahoo], link it to your PayPal account, & publicize it. Grapeshot somehow set up a direct link for me (that's what's in my sig), so people could click on a link/button & go directly to the donation page, but I don't know how to do that.
Once some of my cases are resolved, I'll donate for yours, but right now I need to pay my lawyer.
I wish you the best of luck.
Its sickening that a LEO would even hassle someone over such a thing.
"Let your gun be your constant companion during your walks" ~Thomas Jefferson
You might want to make sure your attorney knows, and has read this; Very short...http://www.guncite.com/court/state/70p609.html
Very nice, thank you. I had some related case law but nothing that specific. I will be forwarding that on to the mouth piece. Anyone else got anything good other than the converting a right into a privilege SCOTUS cases?
good luck and please keep up updated. I would not be adverse to seeing a PM about specifics of your incident as well. Thanks.
Good luck I hope everything works out well.
It seems they are either gonna drop the issue or they're waiting for the right time to spring this on me. Im not sure which. I haven't heard anything about it in quite a while now. I'll keep you posted.
Just when I think it's a dead issue..... The defective I mean detective who is making a big stink over this called me today and wants me to come in for an interview. Lmao, this should be interesting. I'll post up later if I'm not in jail.
46.035 it is. Things are still "under investigation" at this point. Nothing has been filed with the courts yet.
NEVER TALK TO THE POLICE. Nothing you say can exonerate you, but it can incarcerate you!!!!
http://video.search.yahoo.com/video/...Talk+to+Police
"The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
"Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
Beretta92FSLady
http://forum.opencarry.org/forums/sh...ons-Bill/page5
Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.
My interview went thusly, do you always carry you chp? No, only when I cc. Can I make a copy? No im not ccing so I dont have it today. Contact Utah, they'll help you. Ok, I need the serial numbers off the guns you carried into the pd. First, under advisement of council I won't be giving you serial numbers to anything. Second, I can neither confirm nor deny that I was carrying any firearms. He then asked me ten times ten different ways if I was carrying any guns. All ten times I said next question. He was not amused. He then said that I didn't need to confirm anything I said good, you should be able to do that on your own. He said he already did. I asked then why am I here? Again, he was not amused. I however was barely able to contain myself. They might try to enhance it because of where I was carrying. Its all on video with multiple witnesses so I can't deny I did what they say I did but what I did was make a pit stop enroute to a lawful activity. The law doesn't say no pit stops allowed. It doesn't even elude to it. It was fun and I look forward to seeing this thing play out. I'll keep ya posted. Anyone have case law that shows the law only restricts our activities and doesn't grant permission? Or is that supposed to be common knowledge?
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