Man Arrested In Texas For... Open Carry

[phil1979]

Man seen openly carrying a rifle in Far East El Paso earlier this month arrested - KVIA

EL PASO, Texas -- The man that was seen walking down the Joe Battle area carrying a rifle and dressed in tactical gear on November 10 has been arrested. Mario Fernando Diaz, 28, caused alarm to many El Pasoans in the Far East when he was seen walking in several El Paso neighborhoods and near

kvia.com

So much for Texas being an "open carry state". The tyrants there apparently have not got the memo.

 

[KBCraig]

"The sheriff's office reminds citizens that while Texas is an 'open carry' state, you may not display any deadly weapon in a public place in such a way that causes alarm."

The sheriff and DA should have listened to EPPD.

"The EPPD is aware of an individual carrying a rifle walking around the far east side of El Paso in the Joe Battle area. There is nothing illegal about this. Unless he presents a threat, by his actions beyond that, there is no need to report him."

Under PC 42.01 (8), it's an offense if a person "displays a firearm or other deadly weapon in a public place in a manner calculated to alarm".

Note the important part: "in a manner calculated to cause alarm".

I'll go search for that 2019 case, but if it says other than what the black letter law says, it's incorrect.

 

[color of law]

"The sheriff's office reminds citizens that while Texas is an 'open carry' state, you may not display any deadly weapon in a public place in such a way that causes alarm."

The sheriff and DA should have listened to EPPD.

"The EPPD is aware of an individual carrying a rifle walking around the far east side of El Paso in the Joe Battle area. There is nothing illegal about this. Unless he presents a threat, by his actions beyond that, there is no need to report him."

Under PC 42.01 (8), it's an offense if a person "displays a firearm or other deadly weapon in a public place in a manner calculated to alarm".

Note the important part: "in a manner calculated to cause alarm".

I'll go search for that 2019 case, but if it says other than what the black letter law says, it's incorrect.State v. Ross, 573 SW 3d 817 - Tex: Court of Criminal Appeals 2019

State v. Ross, 573 SW 3d 817 - Tex: Court of Criminal Appeals 2019 - Google Scholar

scholar.google.com

 

[KBCraig]

State v. Ross, 573 SW 3d 817 - Tex: Court of Criminal Appeals 2019 - Google Scholar

scholar.google.com

I found it last night and read it. TCCA danced around every possible issue before sending it back down for review.

 

[KBCraig]

It's worth mentioning that the Diaz case involved a rifle (not concealable, so "open carry" was not an issue), but the Ross case involved a firearm whose type is never mentioned in the many briefs and rulings.