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Thread: Had a close call today, wish we had open carry already!

  1. #1
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    Well to set the scene I am a college student about to move to a farm out of state in New Mexico from beautiful San Marcos, TX. So I was at my bank concealed carrying my Glock 23 in an M-Tac at my 4 o clock under my longest t-shirt. I got there by bicycle from my apartment a few blocks away and somehow outside the bank while on my bicycle my weapon became temporarily exposed without my being aware of it. This will set in motion a predictable set of events.
    I stood in line and was treated as a normal customer and no one was alarmed at all or said anything to me as I emptied my account into cash and met with the manager on duty and closed my account. While sitting with the manager I noticed 3 San Marcos PD units swarm to the front of the bank and an officer take cover by the pillar next to my bicycle. I did not know what was going on and presumed that someone may be attempting to rob the bank, and went into a hightened state of awareness and experienced some serious adrenaline dump. I just waved to the officer as he kept peeking in to analyze the situation, and it may be mydoofy good nature that saved me here. So I stayed put and just waited until the manager had finished her job and told me I was all set. So the time had come for me to exit the bank.

    As I did so an officer in camo fatigues and with an M-4 came out from cover and ordered me to the ground. I immeadiately went down and kept my arms far from my body. They asked where my weapon was and I informed them it was at my 4 o clock and I had a pocket knife at my 2 o clock. They then handcuffed me, threw me in the back of a cruiser and ran all my info and weapon info. After a little pow-wow around the law book they found that an Intentional Failure to Conceal was a crime, and VERY VERY fortunately for me they decided I had not Intended for my weapon to become unconcealed. I had created this situtation by my own lack of attention and will not let it happen again. If we had Open Carry in Texas I would have the ability to not be forced to hide what is a part of my everyday existance. I work at a local pizza place and my first night on the job one of our delivery drivers was robbed at gunpoint while on a delivery at an apartment complex.I was pocket carrying a Taurus 650 when I walked home from work at midnight that night. I wasnt worried, but I sure wish I could have OCed my Glock 23 for good measure.

    In summary I DO NOT BLAME the SMPD and other officers that responded to a man with a gun walking into bank call. They behaved professionally and kept their fingers off the triggers and tasers, and I was not mistreated in any way. As a matter of fact one of the officers found a one ounce silver coin I carry to use as a conversation piece about the fiat money system and Ron Paul, and when I told him thats how I preferred to keep my money he said he was thinking of doing the same. I just wish that the laws were different and that our rights to self-defense and carrying openly were firmly established in Texas of all places!

    Rant Over, Flame Away.

  2. #2
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    you should blame them. that is a unbelievably idiotic response for someone's pistol who became visible for 1/2 a second.

    disgusting to the highest degree

  3. #3
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    This was, at minimum, an unlawful detention.

    I think most people would not see:

    Young man
    Riding a bike to a bank
    Concealed carrier in a state with over 280,000 oermit holders
    No commotion in the bank
    No silent alarms
    No other "odd behavior"

    as being "reasonable suspicion" that you had, were in the process of, or were about to rob a bank.

    The fact that you were cuffed, place in the cruiser, etc would also likely escalate this from a detention to an arrest.

    Even if the suspected crime was "failure to conceal," it didn't occur in their presence. It's only a misdemeanor charge, and it wouldn't justify the overwhelming use of force against you.

    There's more than enough "blame" to be shared between the ninny who called 911 and the police responders.

  4. #4
    Lone Star Veteran Ian's Avatar
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    Was this at Wells Fargo or Bank of America in downtown San Marcos?

  5. #5
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    bobernet wrote:
    This was, at minimum, an unlawful detention.

    I think most people would not see:

    Young man
    Riding a bike to a bank
    Concealed carrier in a state with over 280,000 oermit holders
    No commotion in the bank
    No silent alarms
    No other "odd behavior"

    as being "reasonable suspicion" that you had, were in the process of, or were about to rob a bank.

    The fact that you were cuffed, place in the cruiser, etc would also likely escalate this from a detention to an arrest.

    Even if the suspected crime was "failure to conceal," it didn't occur in their presence. It's only a misdemeanor charge, and it wouldn't justify the overwhelming use of force against you.

    There's more than enough "blame" to be shared between the ninny who called 911 and the police responders.
    +1

    And the 911 call-taker. This should have been stopped in its tracks. Call-taker should have asked, "What is he doing with the gun?"

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  6. #6
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    Yes this was at BofA in San Marcos.

  7. #7
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    bobernet wrote:
    This was, at minimum, an unlawful detention.

    I think most people would not see:

    Young man
    Riding a bike to a bank
    Concealed carrier in a state with over 280,000 oermit holders
    No commotion in the bank
    No silent alarms
    No other "odd behavior"

    as being "reasonable suspicion" that you had, were in the process of, or were about to rob a bank.

    The fact that you were cuffed, place in the cruiser, etc would also likely escalate this from a detention to an arrest.

    Even if the suspected crime was "failure to conceal," it didn't occur in their presence. It's only a misdemeanor charge, and it wouldn't justify the overwhelming use of force against you.

    There's more than enough "blame" to be shared between the ninny who called 911 and the police responders.
    Imagine the conversation that must have taken place...

    Cop1- "C'mon man, this guy has a bike, who robs a bank with a bike to get away"?

    Cop2- "He's a smart one alright, pulls up here with a bike to throw everyone off, (scans parking lot for running car with driver) meanwhile his accomplice is waiting out here somewhere if he hasn't taken off seeing us pull up...Besides, it's a twelvespeed."

    Cop1- "You may be right, look at him, he's waving at us.He's smooth alright. Poor tellers were so paralyzed with fear they couldn't even trip the silent alarm."




    Eternal vigilance is the price of liberty.

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    I don't know if I'd blame the cops. I blame the politicians for putting us in that situation in the first place.

  9. #9
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    Well I'm glad no one was hurt and there isn't any further legal troubles. I agree that this was by far an unlawful detention.

    Person with a firearm? He must be doing something illegal! Gethim!

  10. #10
    Regular Member rodbender's Avatar
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    Probably the most excitement the San Marcos P.D. has had in a while. Adrenaline test as it were.
    The thing about common sense is....it ain't too common.
    Will Rogers

  11. #11
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    +1 on adrenaline dump, at least on my end, and yeah for the record I blame our constitutionally illiterate politicians for what happened to me that day. SMPD scared the **** out of me, but when I look at things from the perspective of officer in the cruiser hearing a radio call that was probably...Man with a gun seen entering BofA, every unit get there now! So it is the law as it stands that will continue to generate potentially dangerous and confusing situations for all parties involved. Im glad you are all helping to remedy the legal clusterf*** that is the Texas legal code. Thanks for all your words of support, it really has messed with my head a bit...

  12. #12
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    I do hope you'll use an open records request to get the 911 recording and all reports from this incident. I'd be very curious who called, and what they said.


  13. #13
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    FzSBLACKMAGICK wrote:
    bobernet wrote:
    This was, at minimum, an unlawful detention.

    I think most people would not see:

    Young man
    Riding a bike to a bank
    Concealed carrier in a state with over 280,000 oermit holders
    No commotion in the bank
    No silent alarms
    No other "odd behavior"

    as being "reasonable suspicion" that you had, were in the process of, or were about to rob a bank.

    The fact that you were cuffed, place in the cruiser, etc would also likely escalate this from a detention to an arrest.

    Even if the suspected crime was "failure to conceal," it didn't occur in their presence. It's only a misdemeanor charge, and it wouldn't justify the overwhelming use of force against you.

    There's more than enough "blame" to be shared between the ninny who called 911 and the police responders.
    Imagine the conversation that must have taken place...

    Cop1- "C'mon man, this guy has a bike, who robs a bank with a bike to get away"?

    Cop2- "He's a smart one alright, pulls up here with a bike to throw everyone off, (scans parking lot for running car with driver) meanwhile his accomplice is waiting out here somewhere if he hasn't taken off seeing us pull up...Besides, it's a twelvespeed."

    Cop1- "You may be right, look at him, he's waving at us.He's smooth alright. Poor tellers were so paralyzed with fear they couldn't even trip the silent alarm."



    Actually a bike is a good getaway vehicle. Around here there have been three different bank robberies where they used a bike to get away. It is very hard for a squad car to go all the places that a bike can.

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