Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Site Notices
1/16/2020 9:48:49 PM
Posted: 10/10/2007 1:13:25 PM EST
Got a question for you LEOs here. If a person were to open carry a rifle, lets say an AK, and it was legal in that state, could they still be busted for "disturbing the peace"? Are there any other charges that could be filed against said individual?
Link Posted: 10/10/2007 1:19:03 PM EST
How did the LEO find out you were carrying it?

Did they observe you? Or did some LOL call it in.

If they receive a complaint, you just disturbed the peace.
Link Posted: 10/10/2007 1:20:56 PM EST
Either way works.
Link Posted: 10/10/2007 1:25:40 PM EST
Well, I imagine disturbing the peace has a pretty loose definition. What would a "disturbing the peace" conviction entail?
Link Posted: 10/10/2007 2:17:15 PM EST
Hard to say as we don't have a "disturbing the peace" statute.

There may be local ordinances that cover things like that.

If I had to I could make a brandishing in public charge fly but it would be a stretch and I would prefer not to do so. There are also DNR laws that need to be considered.

Open carry has is proponents. I have yet to see enough positives to outweigh the negatives to ever think it a good idea except in certain limited situations. I often open carry when horseback riding on trails because most concealment options suck in the saddle.

If you go walking around with a rifle expect some hassle. If it is done just to have the hassle as I have seen several threads that appear to be just that then shame shame.


Joe
Link Posted: 10/10/2007 3:01:09 PM EST

Originally Posted By JBCHRITZ:
...snip...
If you go walking around with a rifle expect some hassle. If it is done just to have the hassle as I have seen several threads that appear to be just that then shame shame.


Joe
No no, I'm just using this thread as evidence for a minor argument in another thread.

The other one is here if you're curious.

www.ar15.com/forums/topic.html?b=4&f=64&t=100368
Link Posted: 10/10/2007 6:07:43 PM EST
The charge would be Disorderly Conduct here, not disturbing the peace.

Last guy locally here was carrying an AR in a strip mall with a Jason style hockey mask on.

Yep, he got hooked up.
Link Posted: 10/10/2007 8:40:15 PM EST

Originally Posted By Johninaustin:
The charge would be Disorderly Conduct here, not disturbing the peace.

Last guy locally here was carrying an AR in a strip mall with a Jason style hockey mask on.

Yep, he got hooked up.

Did the Jason-style hockey mask constitute "in a manner calculated to alarm"?
Link Posted: 10/10/2007 11:57:07 PM EST

Originally Posted By wise_jake:

Originally Posted By Johninaustin:
The charge would be Disorderly Conduct here, not disturbing the peace.

Last guy locally here was carrying an AR in a strip mall with a Jason style hockey mask on.

Yep, he got hooked up.

Did the Jason-style hockey mask constitute "in a manner calculated to alarm"?


Jason was a badass with a chef's knife. He would be a real PITA with a rifle, especially a sexy rifle like an AR. I would be alarmed since just being faster than the slowest guy wouldn't work anymore.

Seriously, in a manner calculated to alarm wouldn't be hard to get with a case like that.

Joe
Link Posted: 10/11/2007 9:06:25 AM EST

Originally Posted By JBCHRITZ:

Originally Posted By wise_jake:

Originally Posted By Johninaustin:
The charge would be Disorderly Conduct here, not disturbing the peace.

Last guy locally here was carrying an AR in a strip mall with a Jason style hockey mask on.

Yep, he got hooked up.

Did the Jason-style hockey mask constitute "in a manner calculated to alarm"?


Jason was a badass with a chef's knife. He would be a real PITA with a rifle, especially a sexy rifle like an AR. I would be alarmed since just being faster than the slowest guy wouldn't work anymore.Seriously, in a manner calculated to alarm wouldn't be hard to get with a case like that.

Joe


!!! i definately lol'ed to that one.

So do you have any more info on this case? Im surprised somedoby didnt immediately shoot the guy after assuming that hes an active shooter or it was a terror attack. Of course if its slung over the back i guess its not an immediate threat.
Link Posted: 10/11/2007 9:31:07 AM EST

Originally Posted By nationwide:
How did the LEO find out you were carrying it?

Did they observe you? Or did some LOL call it in.

If they receive a complaint, you just disturbed the peace.


I just wish the cop could tell the complaintant that they need thicker skin and to stop being a candy ass.
Link Posted: 10/11/2007 9:48:53 AM EST

Originally Posted By JellyBelly:

Originally Posted By nationwide:
How did the LEO find out you were carrying it?

Did they observe you? Or did some LOL call it in.

If they receive a complaint, you just disturbed the peace.


I just wish the cop could tell the complaintant that they need thicker skin and to stop being a candy ass.


Sometimes we can, but only after determining that there isn't a violation. Say you call about the neighbors shooting outside. I roll on over, see a safe backstop, no nuisance noise problem, have a quick chat and call the caller back and say, no violation.

I have done it many times on noise complaints. Even a couple on shooting. Although the guy that had a 4 foot high backstop adjacent to the elementary school got an ear full about proper firearms use.

Joe
Link Posted: 10/11/2007 10:50:26 AM EST

Originally Posted By JBCHRITZ:

Originally Posted By wise_jake:

Originally Posted By Johninaustin:
The charge would be Disorderly Conduct here, not disturbing the peace.

Last guy locally here was carrying an AR in a strip mall with a Jason style hockey mask on.

Yep, he got hooked up.

Did the Jason-style hockey mask constitute "in a manner calculated to alarm"?

Jason was a badass with a chef's knife. He would be a real PITA with a rifle, especially a sexy rifle like an AR. I would be alarmed since just being faster than the slowest guy wouldn't work anymore.

Seriously, in a manner calculated to alarm wouldn't be hard to get with a case like that.

Joe

My question was more about the use of it, in the context of TX gun laws.

IIRC, Jim Dark (President of the Texas State Rifle Ass'n, the NRA state affiliate in TX) got some shit one day at a Sonic Drive-In because some soccer moms felt scared.

He was polite, and informative, however, and I think they ended up letting him go.
Top Top