General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe guy brandishing the rifle in the bottom left of this picture is breaking the law...
It is illegal to brandish a firearm in the manner he is doing so. Someone should identify him and report him to the local authorities.
On edit: The Man on the right in the white shirt may also be breaking the law. Generally speaking, most laws allowing open carry of rifles require them to be shouldered. Anyone not clearly doing so is likely breaking at least one very serious law.
Again, anyone potentially breaking the law in this photograph should be identified and reported to the authorities.
NutmegYankee
(16,199 posts)But that guy is definitely in a very threatening pose!
Gravitycollapse
(8,155 posts)He should be identified, arrested, prosecuted and his right to possess firearms should be revoked.
NutmegYankee
(16,199 posts)It's hard to see from the photo angle, but a few others may be doing so as well. The whole concept of brandishing firearms for a protest is disgusting. This group should be rounded up by police. If you have a political point to make, use signs.
Gravitycollapse
(8,155 posts)Require that they be shouldered. Many of these laws also require that they be unloaded.
If the jurisdiction within which these "men" are "protesting" requires that rifles be shouldered, anyone in that photo not shouldering their rifle is breaking a very serious firearm law. They should at the very least spend a good amount of time in prison and their right to possess firearms should be revoked indefinitely.
I have no tolerance for thugs with guns. Stretching the law is one thing. Breaking the law is another. You want to tread around brandishing your dick compensator, you better expect people to serve your ass a nice cold slice of reality.
hobbit709
(41,694 posts)and that pose looks totally different from the front angle.
that said, they are still a bunch of idiots.
Gravitycollapse
(8,155 posts)I was unaware of such a law. In fact, I'm nearly certain you're wrong.
I have never seen a jurisdiction that did not require open carry of rifles to include them being shouldered. He is very clearly brandishing the rifle and that is a violation of law.
TexasProgresive
(12,157 posts)http://www.texasgunlaws.org/texas-open-carry.htm
A: You can openly carry rifles and shotguns, but not handguns. A CHL is not needed to do this. However, you must do so in a manner not "calculated" to cause alarm; meaning you are carrying the rifle to purposely intimidate or scare people.
There is no legal statute specifically prohibiting the carry of a firearm other than a handgun, although there is debate as to whether doing so constitutes disorderly conduct (which defines an offense, in part, as displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm). Open carry of a handgun in public is generally illegal in Texas due to PC 46.02; exceptions are detailed in that section and in 46.15, and include when the carrier is on property he/she owns or has lawful control over, while legally hunting, or while participating in some gun-related public event such as a gun show (most such shows require guns brought in by patrons to be unloaded and tagged such that ammunition cannot be chambered, for safety reasons). A permit to carry concealed is thus required to carry a handgun in public.
ScreamingMeemie
(68,918 posts)Guns don't need to be shouldered, but the three men were charged with disorderly conduct for doing basically what these men are doing in a Starbucks parking lot as a demonstration. People called in to complain about 3 men with rifles in a public parking lot. Under the law, the cops were right. However, one does not have to shoulder one's rifle is everyone around you in that public place is okay with it.
http://www.kens5.com/news/Open-Carry-weapon-law-demonstration-leads-to-criminal-charges--221719121.html
Earth_First
(14,910 posts)Now I'm not sure what type of resturant was involved, however there is the above statute which may also be applicable...
hobbit709
(41,694 posts)Earth_First
(14,910 posts)An outdoor dining area may qualify as 'on premises' rather than 'in'.
I'm no lawyer, so I'm sure this could be argued either way.
I will back off my response and lend any further application to be properly discussed by someone with qualified education in law to chime in.
Revanchist
(1,375 posts)so I don't think the statute applies either way.
hexola
(4,835 posts)But - there is another picture going around Facebook - of this pose taken from another viewpoint.
This pic looks like they are waiting for someone - ready to ambush....when its really just a bunch of jackasses posing for a picture...
POINT OF VIEW is everything!!!
Javaman
(62,515 posts)very bad.
snooper2
(30,151 posts)or you just found this elsewhere and are "passing" it along?
Facts are cool things but I'm thinking 65.35% of people online don't care about them
Lars39
(26,109 posts)snooper2
(30,151 posts)Lars39
(26,109 posts)former9thward
(31,973 posts)Anonymous posters on the internet do not get to say what the law is. There is no "shouldering" requirement in my state.
Buns_of_Fire
(17,174 posts)...they chose the exact same parking lot outside a restaurant where a group of mothers against firearm violence were having a meeting.
What a coincidence, huh?
hack89
(39,171 posts)instead of talking about "potential" crimes?