Wear Your Firearm, And Exercise Your 2nd Amendment Right

Hi ATS,

I grew up in Texas, and was proud to be from the Lonestar state; that is until I was arrested for possession of a firearm in my vehicle. I thought it was legal, and according to the Texas Criminal Code it was!!!! Yet, the wording had been amended from a defense to arrest, to a more deviant defense to prosecution....

The implications of that meant that all People carrying any kind of Firearm, or transporting them could be arrested. Needless to say after a night in "pin", and bunking with Pepe who was too drunk to remove his stuck foot from the urinal, I left Texas shortly after resolving the episode.

Horror stories of guns, and arrests for having them are infamous now in the once great Lone Star State. The last few days before my Family, and I left We received a monthly bulletin in the mail from Our gun club just outside of Manor, Texas. They were warning all members to remove any, and all gun "affiliation" stickers from their cars, and not to wear anything which could show they were traveling to the gun club. Why??? Manor Police were pulling People over by profiling, and confiscating all their firearms; because they were now inventory from an arrest.......... The county there, Travis County, had a strict policy to not return guns...... The police had a parts business with many local, and national gun parts wholesalers..... Yep, I left the Lone Star State. Coincidentally a buddy who owned a gun store in Austin was sold my pearl grips from my confiscated revolver.... He was a friend, and let me have them back. In retrospect I bought those very grips from him; so I have to wonder who they were confiscated from in the first place.

Up North To Alaska is what the song says, but I didn't quite make it that far; just to the Northwest. In Idaho, Montana, and parts of Washington it is absolutely legal to wear, and carry a firearm without hassle. It is common in fact through Montana, and Idaho. I do it.

This brings me to the article in question, or I should say that made my day

Federal judge rules police cannot detain people for openly carrying guns
www.examiner.com...

On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot."

Hoo-Ra!!! I can only hope the great People of New Mexico exercise their once again established right of carry; guaranteed through the 2nd Amendment. Everybody should exercise their rights.

Rights are after all like any muscle; without exercise they wither, and die.

Peace, And Vigilance,

Sancho

[edit on 18-9-2009 by sanchoearlyjones]

reply to post by sanchoearlyjones


Good post Sancho, and I conceal carry everywhere but the shower. (It shows.)

A lot of us have had minor run-ins with our weaponry over the years, and fortunately, many of us were able to avoid a charge which enables us to maintain our firearms.

After all, never want to suddenly find myself in the middle of a hatchet fight, and be the only one without a hatchet.

Samcho, I would gladly carry my sidearm openly, but alas, here in Arkansas is illegal to openly carry, and you have to have a concealed carry permit otherwise.
I'm in the process but my wife and I will both have to lie. We have both been admitted to hospitals for psychiatric reasons, which pretty much rules out a concealed carry permit in my state. Screw'em, I'm gonna go for it. I'm not homicidal, I'm not suicidal, and I've done all the work to make sure I stay stable.
In my never to be humble opinion, the states do not have the right to prevent open or concealed carry, according to my interrpretatation of the second amendment.

reply to post by dooper


Your good Man Dooper. I think should more People exercise their Rights We'd all be in a better World.


reply to post by kettlebellysmith


Well, I donno what You were in the "hospital" for, and I don't care... The way most of those things, and even prison are supposed to work is that after Your released, and not under supervision, or parole, then You are supposed to be back to the full fledged status of a complete sound Person. You should have all Your rights. There are plenty of People who have never been in prison, or the loony bin who should be, and they carry guns, and drive even more dangerous cars.

A gun is a tool, and that is all; guaranteed through Our Natural Rights of self preservation, and defense

My daughter and I Open Carry daily. We are I Virginia and it perfectly legal here.

We’ve had a few encounters with the LEOS, usually good encounters. We can conceal carry also. Open carry is better; it starts some very good conversations. Teaching moments.

A Right not exercised is a right lost.

reply to post by VAPatriot
I have argued with policemen that open carry is better. It let's people know you are not to be trifled with, that you are prepared to defend yourself and those around you.
They, however, are afraid of those who would go out of their way to start a fight. My arguement is that bullies don't live long in a legally armed society, therefore we would all be safer. Sadly, neither the police, nor the law agree with me.

reply to post by sanchoearlyjones
Ah, Sancho, sadly, in Arkansas, the State Police have the right to refuse you a concealed carry permit if you have been admitted to a mental hospital for whatever reason. I recently took the class for concealed carry, and because I was honest, I was told I probably wouldn't get a license. I didn't follow through on the paper work. I figured I'd let the six months elapse, retake the test in another town, and lie on that part of the application.
I'm stable. I'm not going to blow my brains out, nor am I going to commit suicide by cop. I'm not going hunting for anyone, unless they harm my family, at which point, concealed carry or open carry makes no difference. I will hunt them down, and they best pray the police gets them before I do. To quote an old line from an old movie, "God will have mercy.
I won't!"

In my state, Mississippi, Open Carry is for all intents and purposes against the law. Sure, technically you're allowed to open carry, but if any portion of the weapon is concealed (i.e. by any part of a holster), you can go to jail. I can even imagine some cop saying that a gun held in your hand is partially concealed because your hand surrounds the grip.

reply to post by kettlebellysmith


I am not sure what state you’re in, if it is legal to Open carry I would.

The more people that do the more the other people are aware of our rights. They can choose if it right for them personally.

As for the LEOS, this is a super great teaching moment if you have the guts. A trip to court seams to get LEOS trained on the laws real quick.

Somehow when they loose a case and it hits their pockets, everyone gets re-training as to what the gun laws are.

P.S. Having a physic admittance if against Federal law to even own a gun.


[edit on 18-9-2009 by VAPatriot]

reply to post by LiquidLight


You guys need to get the judicary to clarify that. Sounds like LEO's there are stretching the law to the breaking point.

reply to post by VAPatriot


Excellent. If the country had more Patriots such as Yourself, We wouldn't be in the mess currently.

The police I've been around in the Inland Northwest have been very laid back with it; not a problem.

reply to post by kettlebellysmith


I sympathize with You. There are many things which are used against People everyday to restrict their rights. Domestic Violence is a big one; it effectively places a person convicted of it down into the ranks of a pedophile. It is on purpose that things are "swinging" the direction they are.

reply to post by LiquidLight


Sounds like the good ole' Lone Star State. I think what I pointed out, and what You pointed really does show a disturbing trend. I would wager that many Southern States that promote different laws are illegitimately using the ole' "Southern Pride" as a means to an end.

I just find it somewhat ironic that the laws are similar to what are in Texas; in regards to basic fascism..........do as I say, not as I do.

my state-PA-is open carry and i also have a concealed weapons permit.
i don't leave my house and go anywhere without my little .45
sometimes i open carry sometimes i don't- depends on my mood
i definitely get starnge looks and people avoid me when i do open carry tho
but i agree you exercise your rights because if you don't you can easily lose them and once it is gone good luck getting it back
there is a thread on here and was in the news about some people just out eating in a diner near scranton and the had their pistols confiscated becase some gun fearing people felt"scared" and complained

reply to post by sanchoearlyjones


Whoa! Sancho... that is a very scary pic!
On topic. You moved because you could not openly carry?

I believe that all states should have open carry RIGHTS!
The people in this country need to get it together and become
as one! Left-Right- Center...Quit being divided and reclaim
our "GOD" given RIGHTS and to HECK with the rest!

Sense when has this country become a bunch of pansies?

reply to post by AlternateEnding


I didn't only move over the carry issue; We moved due to an ever increasing amount of bureaucratic bullturds being produced in the grand Lone Star State. The firearms issue was just the straw that broke the camels proverbial back

I look back, and only miss the countryside, and many friends. Other than that I've found a whole wide range of better Freedoms outside from there....kinda sad, but true.

Hi sanchoearlyjones,

Just to let you know, you have support from across the pond

The thing that annoys me about Britain is they continually tighten and restrict gun laws saying that it is due to "gun crime"

Yeah right... As if the bloody criminals are gonna stop carrying guns because it’s illegal?!?!?!?

I can just imagine it... Just before robbing the bank one of the robbers looks at the other and says “you better leave the gun in the car, those things are illegal now”

All the Government has succeeded in doing is punishing all the legal, law abiding, gun owners while leaving them defenceless against the criminals.

Don’t let America go the same way!!

Good luck m8

HEY SANCHO........
I can send you a t-shirt with the words

'the right to BARE arms."


otherwise build a bridge,


and get over it.

Good post Sancho, and thanks for your own personal story on this matter!
That is crazy man, ever since I can remember I always had heard about how you could openly carry in TX and have any problems whatsoever. The times, they are a-changin' eh?

I wish we were able to carry here in MI, but sadly it is not so unless you have a CCW(which i WILL Be trying to get once money is better). That was one thing that I liked about AZ, I could walk down to the corner store packing and not have to worry about anybody hassling me. It really does seem to be a deterrant too, I lived in the "ghetto" in Phoenix and I felt so much safer there than I would EVER feel in Detroit, lol.

S&F buddy!

I am going to post this link it has maps to show you all gun laws pertaining to the different states. I need to gather my thoughts and consider all the aspects of the gun laws in the US.

I open carry! And not talking about my budweiser.

Open carry

Good old paranoid Americans eh?

No wonder you can't fight properly... too reliant on shooters.

[edit on 19-9-2009 by mr-lizard]

reply to post by sanchoearlyjones

Alright a couple of misconceptions on open carry laws. Here is one article on that subject involving police charging a man in an open carry state-Wisconsin-with Disorderly Conduct.
Madison police dispatcher misled 911 caller on open carry

In every state in the United States open carry is legal. Court cases involving these type cases.

Florida vs J.L 2000 Detaining anyone for only carrying firearm Unconstitutional 4th Amendment
Florida vs Cassad 2004Detaining anyone for only carrying firearm Unconstitutional 4th Amendment

Both of these are in the article posted.

Now, I could go and find numerous cases to back this but here is the skinny. In every state-does not include DC-open carry is totally legal. Now this does not mean that certain states have made it illegal-Unconstitutional-but if someone was to fight it far enough, US Supreme Court, they would eventually find the person not guilty. Our country does not follow the very laws that they pass. If they ignore the Constitution when writing laws, the very laws they pass are unlawful.

To all of you out there in the good old US of A, participate and use your rights or they will be taken from you.

As the old saying goes, they can take my Winchester when they pry my cold dead fingers from it. Peace.

And of course S & F for you. Keep up the great posts.