Shotgun in the car

[stevie_d_64]

PC §42.01 makes "displays a firearm or other deadly weapon in a public place in a manner calculated to alarm" an offense.

I always get a kick out of this one, mainly because I want to "really" know if it is a defense to argue about "who" is entitled to determine if your intent was calculated to alarm???

Someone should remind someone like "Quannel X" (of Houston) that if he wants to strut around our streets again with armed guards sporting shotguns and rifles at the "ready" or "port arms" that I might be a person inclined to be alarmed next time I see that, and I would expect them to be disarmed and arrested for violating this section in the law...

But if its just a technicality, and not really an enforcable section of the law...

Sure does open all sorts of avenues, doesn't it??? Or maybe not...

Just thought I would interject this observation...

[frankie_the_yankee]

PC §42.01 makes "displays a firearm or other deadly weapon in a public place in a manner calculated to alarm" an offense.

I always get a kick out of this one, mainly because I want to "really" know if it is a defense to argue about "who" is entitled to determine if your intent was calculated to alarm???

Someone should remind someone like "Quannel X" (of Houston) that if he wants to strut around our streets again with armed guards sporting shotguns and rifles at the "ready" or "port arms" that I might be a person inclined to be alarmed next time I see that, and I would expect them to be disarmed and arrested for violating this section in the law...

But if its just a technicality, and not really an enforcable section of the law...

Sure does open all sorts of avenues, doesn't it??? Or maybe not...

Just thought I would interject this observation...

I like it. I think that some people should get together and, the next time Quannel X shows up with such an armed entourage, they should all dial 911 and complain that they are "alarmed". I know that if I were around when Quannel X and his cohorts showed up I WOULD be alarmed.

[Nazrat]

I know you are joking around on the "calculated to cause alarm" section.

However, the legal answer is whether a reasonable person would be alarmed. The reasonable man standard is a lot of fun to argue and is obviously very subjective and will ultimately determined by the jury and/or the judge.

With regards to Quannel X, it would require a very confidant department backed by a similarly confidant DA's office to make an arrest under those circumstances. If the PD doesn't trust the DA's office, no arrest will be made IMO.

[frankie_the_yankee]

I know you are joking around on the "calculated to cause alarm" section.

However, the legal answer is whether a reasonable person would be alarmed. The reasonable man standard is a lot of fun to argue and is obviously very subjective and will ultimately determined by the jury and/or the judge.

With regards to Quannel X, it would require a very confidant department backed by a similarly confidant DA's office to make an arrest under those circumstances. If the PD doesn't trust the DA's office, no arrest will be made IMO.

So in other words, if someone is a loud angry and militant member of a minority group, they are likely to get a pass on the "calculated to cause alarm" standard because of their percieved political clout.

Even if their actions are calculated to cause alarm" and actually do cause legitimate alarm among many reasonable people.

You're probably right.

I guess one of the "blessings" of "diversity" is that whites need not apply.