Liberty: There is No Greater Cause

“Extremism in the defense of liberty is no vice; moderation in the pursuit of justice is no virtue.”

Archive for the tag “Open Carry”

Judicial-Political Racketeering – Grisham Trial Edition

The recent trial resulting in a mistrial of Army Master Sergeant CJ Grisham has created a stir in many Texans and Americans connected to the gun rights movement, particularly those advocates of open carry or constitutional carry. The leadership and outspokenness of MSG Grisham has led to a growing open-carry movement in Central Texas, but a love for guns is just a piece of the puzzle on what motivates those young and old alike to involve themselves in this one man’s court case.

MSG CJ Grisham Speaks at the "Come and Take It San Antonio" Rally at the Alamo on Oct. 19, 2013. The event was organized by Open Carry Texas, of which Grisham is the President and founder.

MSG CJ Grisham Speaks at the “Come and Take It San Antonio” Rally at the Alamo on Oct. 19, 2013. The event was organized by Open Carry Texas, of which Grisham is the President and founder.

Mr. Grisham may have been arrested while openly carrying an AR-15 rifle, it was the reason he was confronted by police that day. The firearm was also the basis of the charges against him at one point. But in the end, Mr. Grisham was only charged with interfering with the duties of a peace officer, hardly an offense to rally behind for the gun movement. You see, the one thing connecting all those following Grisham’s case closely and rallying in support behind him and his organization Open Carry Texas is not just a love of guns, it is a drive and a love of Liberty and Justice.

“With liberty and justice for all.”

Many of us recited those words everyday as children but didn’t learn what they meant until we were much older. CJ Grisham, given the vehicle of his unlawful arrest, has been leading a group of Texans in discovering the truth of those words as they follow him on his journey through the courts.

Read more…

Open Carry of Antique and Replica Black Powder Pistols in Texas

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STUPID DISCLAIMER: I am not a lawyer. This is not legal advice. If you think reading this on the internet somehow makes me responsible for you and/or your action; you’re wrong and an idiot.

A quick lesson in the legality of Black Powder Pistol/Handgun Open Carry in Texas for those unaware.

No. 1) Texas Penal Code 46.01(5) “Handgun” means any FIREARM that is designed, made, or adapted to be fired with one hand.

No. 2) Texas Penal Code 46.01(3) “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

Put it together and….

Read more…

The Elephant In The Room

Open Carry Texas

opencarryYesterday, three more OCT members were cited under Penal Code Section 42.01(a)(8) in Austin. This comes on the heels of three individuals in San Antonio being cited under the same offense for lawfully carrying openly according to Texas law and the Constitution.

The Penal Code reads, “DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly…(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.”

I’ve highlighted several aspects of this law that law enforcement seem to be intentionally ignorant of. Chapter 6 of the Penal Code defines these words as such:

INTENTIONALLY: “A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.”

KNOWINGLY: “A person acts…

View original post 1,992 more words

Why do you Open Carry at Starbucks? Is It Time To Give Them a Break?

Gun Appreciation Day at Starbucks. August 10, 2013. Photo Courtesy The Daily Dot.

Gun Appreciation Day at Starbucks. August 10, 2013. Photo Courtesy The Daily Dot.

I can’t help but think Starbucks Coffee has shown sufficient resolve to follow the laws of the respective states with regards to carry thatdragging the company further into this issue may very well be unproductive. I think that goes double if people start dragging AR-15s into Starbucks to show their appreciation.

I just believe if we’re going to show appreciation, it would behoove us to leave the rifles at home. To be honest, I think even pistol OC, if done to make a point (and not just because you do it) probably isn’t helping Starbucks remain comfortable with their decision.

At this point, I think if Starbucks reverses its policy, we have no one to blame except ourselves. We’re already seeing hints this may be getting pushed too far by our own side. Last year, when this issue heated up again, I thought our side was working too hard to help the antis keep the issue alive. I think the best way we can help Starbucks is not to fan the flames. Keep spending your money there, and when the antis make noise, drop a note to corporate saying you’re a regular customer, and you appreciate their decision to follow state law on firearms.

The above is from Sebastian at pagunblog.com in his piece Time to Give Starbucks a Break: 2013 Edition.

I have to say I agree. Starbucks has decided that they will support local gun laws, and have done so in the face of the anti-gunners on the left. This was a bold stance for Starbucks, as the company leadership has been aligned with the Democratic Party for some time. This should be the norm and the expectation and should keep them off of a ‘Boycott’ list for second amendment supporters, but it should not be were a battle is struck out. The battle should be waged at  those businesses and localities that choose to ban weapons on the their private property, in effect making the decision that the ban is more important to them than your business with them. It belongs on the doorsteps of the police departments that insist on illegally searching and detaining individuals outside the confines of the law. Read more…

Open Carry Texas Holds Rally at McAllen Police Department; Updates to the Horton Arrest

Open Carry Texas Members and Supporters Rally at the McAllen Police Department

Open Carry Texas Members and Supporters Rally at the McAllen Police Department

Open Carry Texas member and supporters rallied at the McAllen Police Department Saturday where member Zach Horton was arrested earlier in the week for what appears to be doing nothing more than following the law.

The rally, dubbed “Come and Take It McAllen,” brought a crowd of 75-100 people at it’s peak, many of whom were legally openly carrying rifles in accordance with state law. The event was peaceful and drew Open Carry Texas members from across the state, as well as local members and supporters in the Rio Grande Valley. There was also a noted lack of police presence at the peaceful event. Mr. Horton was in attendance himself as well.

Attendees later noted that they were carrying their firearms in accordance with the law and were doing so in the same parking lot in which Zach Horton had been arrested, and he never even took his rifle out from where it was secured behind the seat of his regular cab pickup.
Read more…

Open Carry Texas Member was Carrying a Bowie Knife? Not So Fast!!!

Zack Horton Legally Open Carrying a Rifle at the Brownsville Police Department.

Zack Horton Legally Open Carrying a Rifle at the Brownsville Police Department.

UPDATE: Mr. Horton has stated that the charge was based on the unloaded rifle behind the seat of his truck in the parking lot, not the knife. More details in my latest post here.

A lot has been in some circles here in Texas over the arrest of Open Carry Texas member Zack Horton in McAllen, TX. You can read the details of this case in my prior posts here and then here.

In my last post we dove into the details of the charge filed: “Carrying A Weapon on Places Weapons Prohibited,” a Third Degree Felony. The only way I could justify the charges at the time, were if Mr. Horton’s knife, a 5-1/4″ Ka-Bar was deemed a “bowie knife” by law enforcement, or if Mr. Horton had improperly measured the blade.

We’ll see if any of those hold up to scrutiny after the break. Read more…

Update: Open Carry Texas Member Arrest in McAllen, TX

UPDATE: More details in my latest post here.

UPDATE: Mr. Horton has stated that the charge was based on the unloaded rifle behind the seat of his truck in the parking lot, not the knife. This would make the charge 100% bogus under the state law definition of premises. McAllen does have a city ordinance that reads:

“The carrying of any concealed handgun by any person unless such person is a licensed peace officer under the laws of the state and is carrying a concealed handgun under the course and scope of his employment, is prohibited on all city-owned premises. It shall be unlawful for any person to carry a concealed handgun in violation of the provisions of this section. The city manager is hereby authorized to post notice of this prohibition at the entrance of all city premises. Any person carrying a concealed handgun in violation of this prohibition shall be considered to be entering the premises of the city in violation of Penal Code § 30.05, being the criminal trespass statute of the state.”

It is possible that the city could define ‘premises’ in relation to this ordinance differently than the state does. But given that Mr. Horton was not carrying a concealed handgun, the subject of this ordinance, and the charges for criminal trespassing have been dropped, the remaining charge still does not pass the sniff test.

UPDATE 8/10/13 12:03 AM -> Mr. Horton is out of jail and has his belongings back in his possession that were seized as evidence during the arrest. OCT plans an open carry event tomorrow at the McAllen PD. Full Post afterwards.

UPDATE: More commentary HERE

Earlier I outlined here the arrest of Open Carry Texas (OCT) member Zack Horton by McAllen, TX which was first reported by OCT themselves.

This afternoon more information is available via OCT’s facebook page. First, the morning judge did not arraign Mr. Horton (perhaps they need more time to fabricate a charge) and left it for the afternoon judge.

Sneed posted this update on Open Carry Texas's facebook page this afternoon.

Sneed posted this update on Open Carry Texas’ Facebook page this afternoon.

Read more…

“Criminal Trespassing”… At a Police Station?

More details in my latest post here.

UPDATE AVAILABLE IN FOLLOW UP POST. ONLY CHARGE FILED WAS “Possession of a Weapon in a Prohibited Place”.  CLICK HERE for more.

Open Carry Texas (OCT) is reporting that one of their founding members was arrested yesterday, August 7th, for “Criminal Trespassing” at the McAllen Police Department in the Rio Grande Valley.

OCT has the report like this:

He went to the police station to inform them that he was going to take a picture with his rifle in front of the police department as we have done in several other cities around the state. They immediately and illegally searched him and confiscated his legally possessed K-bar (only 5 1/4 inches long) and told him to leave, which he did. He then decided to return to file a formal complaint and called the police department to let them know he was coming back to do so. When he arrived at the police station, officers immediately drew on him, forced him to the ground, and arrested him. HE NEVER ONCE OPENLY CARRIED HIS FIREARM; IT WAS IN HIS TRUCK THE ENTIRE TIME.

McCallen Police Department Chief of Police Victor Rodriguez

McCallen Police Department Chief of Police Victor Rodriguez

More details after the break. Read more…

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