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Gravitycollapse

(8,155 posts)
Mon Nov 11, 2013, 07:28 AM Nov 2013

The 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.
22 replies = new reply since forum marked as read
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The guy brandishing the rifle in the bottom left of this picture is breaking the law... (Original Post) Gravitycollapse Nov 2013 OP
The whole display is pretty damn thuggish. NutmegYankee Nov 2013 #1
The man in the red is undoubtedly breaking at least one firearm law. Gravitycollapse Nov 2013 #2
He definitely is breaking the law. NutmegYankee Nov 2013 #3
It does depend on the state. But most laws allowing for open carry of rifles... Gravitycollapse Nov 2013 #4
Maybe you should familiarize yourself with the TX law on that. hobbit709 Nov 2013 #5
Does Texas state law allow men to brandish rifles in public? Gravitycollapse Nov 2013 #6
This may help TexasProgresive Nov 2013 #11
Texas here. We just had a charge down here in San Antonio for that. ScreamingMeemie Nov 2013 #19
Additionally: Earth_First Nov 2013 #7
Only inside the premises. hobbit709 Nov 2013 #8
In or on are both mentioned in the statute... Earth_First Nov 2013 #9
It looks they are in the parking lot Revanchist Nov 2013 #10
They were posing for a picutre...(not giving them cover) hexola Nov 2013 #12
one day, something very bad is going to happen... Javaman Nov 2013 #13
I wonder if you know about the "other" picture taken of these losers snooper2 Nov 2013 #14
Posing for a picture doesn't make it any less illegal. Lars39 Nov 2013 #15
I'm not understanding exactly what is supposed to be illegal here snooper2 Nov 2013 #16
Weapon not "shouldered". Lars39 Nov 2013 #17
If that is against the law then why no link to this "law". former9thward Nov 2013 #21
Gee, out of all of Texas they had to pose for a picture... Buns_of_Fire Nov 2013 #18
How about actually showing us what the law in Texas really says? hack89 Nov 2013 #20
R#3 & K for, I detest those a-holes n/t UTUSN Nov 2013 #22

Gravitycollapse

(8,155 posts)
2. The man in the red is undoubtedly breaking at least one firearm law.
Mon Nov 11, 2013, 07:34 AM
Nov 2013

He should be identified, arrested, prosecuted and his right to possess firearms should be revoked.

NutmegYankee

(16,199 posts)
3. He definitely is breaking the law.
Mon Nov 11, 2013, 07:38 AM
Nov 2013

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)
4. It does depend on the state. But most laws allowing for open carry of rifles...
Mon Nov 11, 2013, 07:42 AM
Nov 2013

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)
5. Maybe you should familiarize yourself with the TX law on that.
Mon Nov 11, 2013, 07:45 AM
Nov 2013

and that pose looks totally different from the front angle.

that said, they are still a bunch of idiots.

Gravitycollapse

(8,155 posts)
6. Does Texas state law allow men to brandish rifles in public?
Mon Nov 11, 2013, 07:48 AM
Nov 2013

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)
11. This may help
Mon Nov 11, 2013, 08:36 AM
Nov 2013
Q: Can I Open Carry in Texas (in Public)?
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.


http://www.usconcealandcarry.com/texas
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)
19. Texas here. We just had a charge down here in San Antonio for that.
Mon Nov 11, 2013, 11:20 AM
Nov 2013

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)
7. Additionally:
Mon Nov 11, 2013, 07:56 AM
Nov 2013
In the premises of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which derives 51% or more of its income from the sale of alcoholic beverages and has a conspicuous warning prohibiting firearms, if posted.

Now I'm not sure what type of resturant was involved, however there is the above statute which may also be applicable...

Earth_First

(14,910 posts)
9. In or on are both mentioned in the statute...
Mon Nov 11, 2013, 08:07 AM
Nov 2013

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.

 

hexola

(4,835 posts)
12. They were posing for a picutre...(not giving them cover)
Mon Nov 11, 2013, 08:49 AM
Nov 2013

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!!!

 

snooper2

(30,151 posts)
14. I wonder if you know about the "other" picture taken of these losers
Mon Nov 11, 2013, 10:30 AM
Nov 2013

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

former9thward

(31,973 posts)
21. If that is against the law then why no link to this "law".
Mon Nov 11, 2013, 11:42 AM
Nov 2013

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)
18. Gee, out of all of Texas they had to pose for a picture...
Mon Nov 11, 2013, 11:11 AM
Nov 2013

...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)
20. How about actually showing us what the law in Texas really says?
Mon Nov 11, 2013, 11:23 AM
Nov 2013

instead of talking about "potential" crimes?

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