If someone calls 911 and says they are alarmed because you have a big black scary gun then you are guilty of Disorderly conduct and disturbing the peace... Lets look at that: Texas penal code 42.01 a(8) states: (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm Definition of calculated in Blacks Law Dictionary: Carefully planned or intended So, just having someone alarmed by a display doesnt have any relevance on whether or not the offending individual did it in a calculated, carefully planned and intended way. In Texas we have the right to open carry a rifle. If we have that right, I wonder how the officer thinks it could be exercised without being guilty of Disorderly Conduct? I promise he doesnt have a good answer for that. He is wrong in his interpretation. Definition of breach of the peace in Blacks Law Dictionary: The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. There was no act in a riotous, forcible, or unlawful manner during an open carry. Obviously not guilty of Disturbing The Peace.
Posted on: Sat, 30 Nov 2013 00:04:21 +0000
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