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Vet, Arrested for "Rudely Displaying Rifle", Gets Surprise from Black Rain Ordnance!

Discussion in 'Guns & Hunting' started by wileyC, May 4, 2013.

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  1. May 5, 2013 at 5:56 PM
    #81
    dtmccray

    dtmccray Well-Known Member

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    What I am curious about is if someone is not breaking a law what gives anyone the right to check serial numbers,run a check on someone or anything else for that matter. As far as the disarming part I can understand why they would want to take the weapon but if there is no known crime.... Where is the line drawn? When does it become go door to door and check everyone and their property just because there might be something we can make an arrest for?
     
  2. May 5, 2013 at 5:57 PM
    #82
    OZ-T

    OZ-T All of those moments....will be lost.....in time

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  3. May 5, 2013 at 6:06 PM
    #83
    Rich91710

    Rich91710 Well-Known Member

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    Legally, a cop is on thin ice if he observes someone participating in legal activity and starts running serial numbers and ID checks.

    But as I mentioned before, in this case, and nearly all of these cases where people openly carrying end up on Youtube, the officer is responding to a 911 MWAG call. At that point, they have no idea what they are rolling up on until they get there and get everyone's stories sorted out. They may only observe a man walking down the sidewalk with his son, but the person who called 911 may have seen him brandishing or some other threatening activity.
    At the point the 911 call is placed, the responding unit has lawful authority for a detainment and questioning (and the contact has the right to refuse to answer).
     
  4. May 5, 2013 at 6:10 PM
    #84
    KodiakToyTRD

    KodiakToyTRD Well-Known Member

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    As Rich has pointed and as I have pointed out, this is a reported call to dispatch reference a man carrying a weapon, not a cops just going around checking people who have guns and running serial numbers.

    There is a difference. :rolleyes:
     
  5. May 5, 2013 at 6:17 PM
    #85
    Rich91710

    Rich91710 Well-Known Member

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    And that doesn't mean the officer in the video handled it properly, nor does it mean that the contact couldn't have handled it better.

    WE don't know. We weren't there and did not see the whole thing unfold.
     
  6. May 5, 2013 at 6:25 PM
    #86
    dtmccray

    dtmccray Well-Known Member

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    It seems to me the 911 dispatcher would ask the person calling what the man with a gun did. If it's someone not breaking a law then why start a confrontation with them just for the sake of confronting them? Although I do understand if you don't act and they do something stupid you potentially had the opportunity to prevent it. On the other hand if you stop that person take the weapon run the numbers, background etc and don't find anything was that persons rights violated? Personally I have agree with Jefferson when he said "I prefer the tumult of liberty to the quiet of servitude."
     
  7. May 5, 2013 at 6:37 PM
    #87
    dtmccray

    dtmccray Well-Known Member

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    Yes I understand somebody called about it. Just having a discussion about the mwag thing. Don't get your panties in a wad.
    Speaking from my point of view I anyone comes up to me wanting to disarm me for no known reason I would be uncomfortable to say the least no matter what uniform they are wearing. Just because someone has a badge doesn't mean they aren't just as crazy as the next guy. Not trying to be an ass just asking questions. Did the cop handle it badly like you said I don't know I wasn't there. Yeah and I type slow as hell.
     
  8. May 5, 2013 at 6:37 PM
    #88
    Rich91710

    Rich91710 Well-Known Member

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    The caller would not have called if they did not perceive a threat (and quite often, these MWAG calls come from someone connected to the activist, attempting to make a scene on video).
    The calls are frequently "this guy is out here waving a gun around".
    Bingo.
    No. The caller provided PC for the contact.
    That's why the system is as it is. If nothing wrong is being done, then both the officer and the contact go on their way. No harm, no foul, and no right violated.

    The conduct of the contact can direct how that goes.
    Clamming up and saying only "Am I free to go or am I being detained" is a guaranteed car ride to the station.
     
  9. May 5, 2013 at 8:17 PM
    #89
    KodiakToyTRD

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    They are not required to. Trust me, I deal with 911 dispatched calls on a daily basis, they get the ABSOLUTE BASIC info and push it to us on our computers, we have to get there and figure it out.

    My panties don't feel in a twist. :)
     
  10. May 6, 2013 at 12:08 AM
    #90
    denali climber

    denali climber Well-Known Member

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    Since open carry of a rifle or handgun is legal in Texas, its wise for the dispatcher to ask the caller what EXACTLY the subject is doing with the firearm.

    Many callers are under the false impression that openly carrying a firearm is unlawful.

    Unless the caller specifically stated and described UNLAWFUL actions by the subject then arrivng officers have no lawful reason to seize the firearm, ask for ID, detain the subject or run serial numbers.
     
  11. May 6, 2013 at 4:09 AM
    #91
    gainman

    gainman Well-Known Member

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    Open carry of a handgun is illegal in texas
     
  12. May 6, 2013 at 7:01 PM
    #92
    wileyC

    wileyC [OP] Well-Known Member

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    there is no "right to feel safe" enumerated in the constitution, ...and in fact, the bill of rights (amendments 1-10) are the "guarantee" of individual rights... ...not only that, but the bill of rights were crafted from the perspective that the gov't was the threat to individual liberty that needed to be kept at bay...
     
  13. May 6, 2013 at 8:10 PM
    #93
    Ostrichsak

    Ostrichsak Don't taze me bro!

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    I've grown weary even trying to explain such things to such people. They will believe whatever Bill Maher tells them to believe anyway.
     
  14. May 9, 2013 at 8:37 AM
    #94
    Alderleet

    Alderleet Ace of Spades

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    He chose a shitty model of gun.

    He could have gotten their PG-12 model, which is a great AR-10.

    Instead, he chose the barebones AR with pink acid splashes...
     
  15. May 9, 2013 at 9:36 AM
    #95
    Redeemed

    Redeemed Well-Known Member

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    Rich answered well, but I'll add my .02. When the police receive the complaint, they're duty-bound to check it. Once there, they have an obligation to do it in the safest way possible. In this case, taking the firearm at least until you know what's going on makes perfect sense.

    I'm on the side of gun owners, but I find open carry because-you-can or to make a statement is stupid. Gun owners have to understand that guns make some people uncomfortable, and displaying them unnecessarily is going to draw unwanted (or maybe in this case wanted) attention.

    Arms are mentioned in the Constitution. Gay marriage is not.

    Thank you.
     
  16. May 9, 2013 at 9:43 AM
    #96
    Ostrichsak

    Ostrichsak Don't taze me bro!

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    And neither is 'straight marriage' yet it's kind of a big deal, isn't it? Not going to get into this in a completely unrelated topic.
     
  17. May 9, 2013 at 9:53 AM
    #97
    Redeemed

    Redeemed Well-Known Member

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    Agreed not to go off-topic. Reply deleted...
     
  18. May 9, 2013 at 10:06 AM
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    Waikoloa Tacoma

    Waikoloa Tacoma Well-Known Member

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