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Originally posted by caladonea
Seriously I think a revolution may happen sooner than we think; if reform does not happen now.
Originally posted by Sankari
If only this had been a gun free zone!
Oh wait... it wasn't a gun free zone...
If only this man had had a gun, he could have defended himself and prevented this unnecessary death!
Oh wait... he did have a gun...
Gee, looks like the usual slogans aren't working.
Originally posted by Liquesence
If you're speaking about the elderly gentleman, I don't think "concealed carry" is in any way relevant. If he was on his own property when he was shot, concealed carry is entirely irrelevant.
A person can walk around his or her own property carrying a gun if that person likes and should not have to worry about being shot.
Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.
C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
Originally posted by dubiousone
(unintelligible) family tell me the 72 year old woke up in the middle of the night, heard his neighbors' alarm and wanted to check it out. So he came outside from the back of his house coming down this driveway. But he didn't even make it across the street. He was shot and killed right here on his own property.
Texas state statutes:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
‘Trigger-happy’ cops shoot 72-year-old Texas man dead inside his own garage
Kathy Waller said to WFAA-TV on Tuesday after her husband, Jerry Waller, was shot inside the couple’s garage
Her husband grabbed his .38-caliber handgun and went downstairs to see what was happening. She said to the station she heard six gunshots after he opened the garage door.
Originally posted by defcon5
reply to post by Honor93
He was not in his garage from what I read, he was a few feet outside his kitchen. I assume from the way the story is written its an unattached garage. Sure, if he was in his house, or in his closed garage, where the public cannot see him, he can openly carry to his hearts content. You cannot, however, openly carry where others can see you no matter if you own the property or not.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control;
For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.
While investigating the incident, the uniformed officers encountered an armed man and opened fire because they “feared for their safety,” according to a police statement.
Police told the Fort Worth Star-Telegram that the officers encountered Waller “at the back of his house near the garage and driveway.”
But family members say Waller was killed in his garage.
“We are deeply troubled by the Police Department misrepresenting details of the incident,” said Waller’s daughter, Angie, at a news conference Wednesday afternoon in front of her parents’ two-story brick home.
She said the family is “shocked and deeply saddened” by her father’s untimely death “in the privacy of his own home.”
She said her father heard a noise behind his house and went to investigate, grabbing his gun for protection.
While no one in the family witnessed the shooting, his body was found “inside his own garage,” said Angie Waller, reading from a prepared statement.
“We were disturbed by suggestions that police may have felt threatened by a man in his own garage faced with unknown trespassers wielding flashlights,” she said.
The medical examiner’s office listed the garage as Waller’s place of death.