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Re: I was harassed at gun point by city police while legally hunting dove on my own property!!!
[Re: ntxtrapper]
#7972899
09/14/20 02:59 AM
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Joined: Apr 2011
Posts: 1,352
RJH1
Pro Tracker
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Pro Tracker
Joined: Apr 2011
Posts: 1,352 |
[ These threads do smoke out the cop haters at least. And the people who think it is OK to wipe their butt on the Constitution
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Re: I was harassed at gun point by city police while legally hunting dove on my own property!!!
[Re: Jungleexplorer]
#7972928
09/14/20 03:33 AM
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Joined: Nov 2011
Posts: 9,935
unclebubba
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2011
Posts: 9,935 |
The OP hasn't said much in a while. Guess he got his butthurt cream and left.
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Re: I was harassed at gun point by city police while legally hunting dove on my own property!!!
[Re: unclebubba]
#7972935
09/14/20 03:45 AM
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Joined: Mar 2019
Posts: 19,142
TCM3
THF Celebrity
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THF Celebrity
Joined: Mar 2019
Posts: 19,142 |
The OP hasn't said much in a while. Guess he got his butthurt cream and left. He went back to his bridge
Do not forget to entertain strangers, For by so doing some have unwittingly entertained angels Hebrews 13:2 (R-TX)
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Re: I was harassed at gun point by city police while legally hunting dove on my own property!!!
[Re: Jungleexplorer]
#7972943
09/14/20 04:03 AM
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Joined: Apr 2011
Posts: 1,352
RJH1
Pro Tracker
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Pro Tracker
Joined: Apr 2011
Posts: 1,352 |
Can a police officer arrest or disarm a person who is legally carrying a long gun (e.g., a rifle or shotgun) in public?
Not without a reasonable suspicion of other illegal conduct. Because the Texas Constitution allows it, and because the legislature has not prohibited it, carry of a long gun is legal. Of course, state law does provide restrictions to ensure public safety. Penal Code Section 42.01 governs disorderly conduct. It provides that a person commits a Class B misdemeanor offense if he or she intentionally or knowingly “displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.” TEX. PENAL CODE § 42.01(8); see also TEX. LOCAL GOV’T CODE § 229.001(7)(d). If a peace officer encounters a person with a long gun, it is within his or her authority to inquire about the weapon. However, if the person is not holding the weapon at ready, pointing the weapon, brandishing it in a threatening manner, or otherwise using it in a manner calculated to cause alarm, the officer—without more—has limited authority to disarm the person. Those decisions should be based on an officer’s training as applied to all of the facts in each instance
While this is specifically about long guns in public areas, I would assume (dangerous I know), that it would hold true on private property as well. So, if we take the OP at his word, reasonable suspicion seems a stretch. I haven't been able to find anything specific on private property yet unfortunately. Notice that carrying a long gun is legal because the Texas Constitution allows it....
So while the links about open fields and chapter 14 show some about why the city police can show up on the property and ask questions, minor observations would prove what the OP was doing, i.e. dove hunting which is legal. Just because someone calls the police and says they heard gunshots, doesn't make the guy doing the shooting a criminal. I am genuinely surprised at how many people think it is perfectly fine for LEO to disarm a law abiding citizen
All this of course assumes that he OP is being truthful. APD does wear body cams, so finding out should be doable, if the OP really wants to look into it. I would really like to know all the facts
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Re: I was harassed at gun point by city police while legally hunting dove on my own property!!!
[Re: RJH1]
#7972948
09/14/20 04:06 AM
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Joined: Jul 2015
Posts: 23,179
Bee'z
The Beedazzler
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The Beedazzler
Joined: Jul 2015
Posts: 23,179 |
Can a police officer arrest or disarm a person who is legally carrying a long gun (e.g., a rifle or shotgun) in public?
Not without a reasonable suspicion of other illegal conduct. Because the Texas Constitution allows it, and because the legislature has not prohibited it, carry of a long gun is legal. Of course, state law does provide restrictions to ensure public safety. Penal Code Section 42.01 governs disorderly conduct. It provides that a person commits a Class B misdemeanor offense if he or she intentionally or knowingly “displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.” TEX. PENAL CODE § 42.01(8); see also TEX. LOCAL GOV’T CODE § 229.001(7)(d). If a peace officer encounters a person with a long gun, it is within his or her authority to inquire about the weapon. However, if the person is not holding the weapon at ready, pointing the weapon, brandishing it in a threatening manner, or otherwise using it in a manner calculated to cause alarm, the officer—without more—has limited authority to disarm the person. Those decisions should be based on an officer’s training as applied to all of the facts in each instance
While this is specifically about long guns in public areas, I would assume (dangerous I know), that it would hold true on private property as well. So, if we take the OP at his word, reasonable suspicion seems a stretch. I haven't been able to find anything specific on private property yet unfortunately. Notice that carrying a long gun is legal because the Texas Constitution allows it....
So while the links about open fields and chapter 14 show some about why the city police can show up on the property and ask questions, minor observations would prove what the OP was doing, i.e. dove hunting which is legal. Just because someone calls the police and says they heard gunshots, doesn't make the guy doing the shooting a criminal. I am genuinely surprised at how many people think it is perfectly fine for LEO to disarm a law abiding citizen
All this of course assumes that he OP is being truthful. APD does wear body cams, so finding out should be doable, if the OP really wants to look into it. I would really like to know all the facts Seems woke and knows his rights. Officer tells me to drop a weapon I will set it down and we will have a conversation but you do you... Good grief
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Re: I was harassed at gun point by city police while legally hunting dove on my own property!!!
[Re: Bee'z]
#7972960
09/14/20 04:33 AM
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Joined: Mar 2010
Posts: 12,224
ntxtrapper
THF Celebrity
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THF Celebrity
Joined: Mar 2010
Posts: 12,224 |
Can a police officer arrest or disarm a person who is legally carrying a long gun (e.g., a rifle or shotgun) in public?
Not without a reasonable suspicion of other illegal conduct. Because the Texas Constitution allows it, and because the legislature has not prohibited it, carry of a long gun is legal. Of course, state law does provide restrictions to ensure public safety. Penal Code Section 42.01 governs disorderly conduct. It provides that a person commits a Class B misdemeanor offense if he or she intentionally or knowingly “displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.” TEX. PENAL CODE § 42.01(8); see also TEX. LOCAL GOV’T CODE § 229.001(7)(d). If a peace officer encounters a person with a long gun, it is within his or her authority to inquire about the weapon. However, if the person is not holding the weapon at ready, pointing the weapon, brandishing it in a threatening manner, or otherwise using it in a manner calculated to cause alarm, the officer—without more—has limited authority to disarm the person. Those decisions should be based on an officer’s training as applied to all of the facts in each instance
While this is specifically about long guns in public areas, I would assume (dangerous I know), that it would hold true on private property as well. So, if we take the OP at his word, reasonable suspicion seems a stretch. I haven't been able to find anything specific on private property yet unfortunately. Notice that carrying a long gun is legal because the Texas Constitution allows it....
So while the links about open fields and chapter 14 show some about why the city police can show up on the property and ask questions, minor observations would prove what the OP was doing, i.e. dove hunting which is legal. Just because someone calls the police and says they heard gunshots, doesn't make the guy doing the shooting a criminal. I am genuinely surprised at how many people think it is perfectly fine for LEO to disarm a law abiding citizen
All this of course assumes that he OP is being truthful. APD does wear body cams, so finding out should be doable, if the OP really wants to look into it. I would really like to know all the facts Seems woke and knows his rights. Officer tells me to drop a weapon I will set it down and we will have a conversation but you do you... Good grief
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Re: I was harassed at gun point by city police while legally hunting dove on my own property!!!
[Re: Jungleexplorer]
#7972962
09/14/20 04:36 AM
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Joined: Aug 2004
Posts: 6,170
Jimbo
THF Trophy Hunter
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THF Trophy Hunter
Joined: Aug 2004
Posts: 6,170 |
The OP made the mistake of being out in his open field with a gun! If he had been protesting and carrying the firearm it would have been perfectly acceptable.
Thursday at 12:45 PM #33 Once i learned that i didn't "NEED" to kill something, and that if i did kill something all the fun stopped and work began, i was a much better hunter.
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