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Of rifle racks and open carry

S

seburiel

Regular Member
Joined
Jun 2, 2007
Messages
14
Location
San Antonio, Texas, USA
imported post

Hello, all.
Just some ruminations, and a few questions;

I have a friend that tends to carry a 12ga in a window-mounted rifle rack in his pickup, and has only once, that I can recall, gotten any attention from the police for it. This is when we were sitting on his tailgate smoking and having some yocks in a jim's (a local diner) parking lot.
In this instance, a fresh-faced young police officer drove by, turned around, and rolled up and asked about the shotgun ("Why you got that with ya, sir?") Friend (I'll call him 'Chief') says, "Well, just cuz I wanted to..." which seemed to satisfy the officer, and he stayed around and chatted with us for about 10 minutes, then went on his merry way, not once more mentioning the shotgun.
I wonder what his reaction may have been if Chief had been standing there with the shotgun slung. Would he have gone to jail? Who determines the cliched 'manner calculated to alarm'? Has anyone gotten any official word from DA's office or police spokespersons about this? Is it worth it?
Okay, thanks :)
 
E

exgabrit

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Joined
Jan 23, 2008
Messages
178
Location
Alpharetta, Georgia, USA
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I happen to be curious as to what the regs are (if any) about openly carrying a rifle ? can you just chuck a AR-15 loaded on the back seat of your car or just carry it around town ?
as far as permits, nothing is mentioned about open carrying an assault rifle or hunting rifle.
 
C

codename_47

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Jun 16, 2008
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, ,
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Would he have gone to jail? Who determines the cliched 'manner calculated to alarm'?

Typically judges and juries. Seriously, though if you aren't running around pointing a weapon at people I think they'd have a hard time trying to push the manner calculated to alarm. I am going to look up some cases on it.
 
R

RossA

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Aug 29, 2008
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Houston, ,
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Political correctness also plays a part in this. Several years ago Quanell X and his band of Black Muslim bodyguards openly paraded in downtown Houston with the civilain "bodyguards" openly carrying rifles and shotguns down the street. Of course, there is nothing illegal about this.
Suppose the KKK did the same thing? The cops would be all over them.
Both the KKK and the Black Muslims are bad outfits, IMHO. However, the cops would go after the KKK because no one could accuse them of racism if they were going after whites who were exercising their civil rights.
 
B

bjones4545

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Oct 5, 2009
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Marshall Ford, Texas, ,
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codename_47 wrote:
Would he have gone to jail? Who determines the cliched 'manner calculated to alarm'?

Typically judges and juries. Seriously, though if you aren't running around pointing a weapon at people I think they'd have a hard time trying to push the manner calculated to alarm. I am going to look up some cases on it.
Click to expand...

Would it not be up to theAttorney General of Texas, Greg Abbott, to issue an opinion?
 
S

shooter_tx

Regular Member
Joined
Sep 27, 2007
Messages
43
Location
By God, Texas, ,
imported post

bjones4545 wrote:
codename_47 wrote:
Would he have gone to jail? Who determines the cliched 'manner calculated to alarm'?

Typically judges and juries. Seriously, though if you aren't running around pointing a weapon at people I think they'd have a hard time trying to push the manner calculated to alarm. I am going to look up some cases on it.
Click to expand...
Would it not be up to theAttorney General of Texas, Greg Abbott, to issue an opinion?
Click to expand...
Yes, and I wish he would...

Unfortunately, not just any Tom, Dick, or Harry can petition the AG to issue an opinion:

Who Can Request an Attorney General Opinion?
Sections 402.042 and 402.043 of the Government Code set out the state and local officials who are authorized to request formal Attorney General opinions on questions of law. The Attorney General is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. Authorized requestors include:

* the Governor
* the head of a department of state government
* the head or board of a penal institution
* the head or board of an eleemosynary institution
* the head of a state board
* a regent or trustee of a state educational institution
* a committee of a house of the Texas Legislature
* a county auditor authorized by law
* the chairman of the governing board of a river authority

The Attorney General shall also advise a district or county attorney in certain instances in which the State is interested and certain requirements are met. In addition, the Attorney General shall advise the proper authorities in regard to the issuance of bonds that by law require the Attorney General's approval.

A person other than an authorized requestor who wants to ask for an opinion should approach someone who is named in statute as an authorized requestor. In addition, a county or precinct official can request a written opinion or written legal advice from the district or county attorney, regarding the official's duties under the law.
Click to expand...

From:
http://www.oag.state.tx.us/opin/

This page is also good reading:
http://www.oag.state.tx.us/opin/legal_authority.shtml

Looks like the two 'easiest' ways to get the question answered would be to contact the Governor (for someone who knows him, anyway), or one of the regents of a state educational institution (regents are often wealthy/influential business leaders).
 
C

CommonMan101

Regular Member
Joined
May 20, 2009
Messages
123
Location
Dallas, Texas, USA
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I would be surprised of any Texas Attorney General, past, present or futuresays anything other than "Open carry of long guns is legal in the State of Texas".

Decades of carrying around rifles and shotguns in the back windows of trucks have proven this true. We're just sufferring from gettin' New York-ified in the average mindset of our occupants in the State.

Nothing has really changed but lack of awareness or maybe an intended dumbing down of the school kids regarding rights and stuff.
 
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