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Man Arrested In Texas For... Open Carry

phil1979

Member
Joined
Aug 10, 2011
Messages
91
Location
Atlanta, GA

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

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,865
Location
Granite State of Mind
"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

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,832
Location
Cincinnati, Ohio, USA
"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
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,865
Location
Granite State of Mind
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.
 
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