Crime or no crime?

[Beiruty]

Sitting on a porch and laying a shotgun one's lap, is it a crime?

See here: http://www.wfaa.com/news/local/Man-bran ... 93773.html" onclick="window.open(this.href);return false;

[USA1]

Don't know about the crime part, but Mr.Williford sure got his point across.
Either way, I give him props for takin up for Momma.

[Kythas]

Let's see:
1. He's on his property, and it's legal to OC on your own property. Check.
2. Oh, wait...it's legal to OC a long rifle in Texas, anyway, as long as you're not within 1,000 feet of Huntsville State Prison on the date of an execution. Check.

So, I'd say no crime was committed, as long as he didn't actually make a threat against any of the workers.

[srothstein]

I would say that he may have violated the law and committed a class B misdemeanor. Note that he intended to scare the workers, so the calculated to alarm portion is met. And if he was visible on the porch from the street (a point we don't know yet, but I am assuming) then he was in a public place.

Sec. 42.01. 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;Sec. 42.01.

[Grammy]

I would say that he may have violated the law and committed a class B misdemeanor. Note that he intended to scare the workers, so the calculated to alarm portion is met. And if he was visible on the porch from the street (a point we don't know yet, but I am assuming) then he was in a public place.

Sec. 42.01. 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;Sec. 42.01.

He's on his property, and it's legal to OC.

How do you make the distinction between "private property" & "public place"

Regardless of intent, which was only found out after the fact, he did nothing illegal by sitting on the porch at the time of the incident.
Jim

[E.Marquez]

How do you make the distinction between "private property" & "public place"

Penal Code
Sec. 1.07. Definitions
(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

[longtooth]

That front yard is my personal property. It is still a public place in that I cannot do just anything I want to there.
It is public enough that I have to go in the house to use the rest room or am guilty of Disorderly conduct, exposure. Out on the farm is different.
My property but I cannot practice my draw & presentation to a moving target by letting wife pull a wagon w/ a silouette down the drive way. On the farm is different. (BTW I need to show that easy to make rig so you can practice.) Now back on topic.
That gentleman intended to alarm the tree cutters. That is what makes it a crime.
It would have alarmed me if I had been the trimmers & I think many times they really incroach on private property.
Display of a firearm w/ intent to alarm, deter, or just encourage them to go away is not the way to do this.
LT

[Bird of Prey]

If I understand you correctly, open carrying in my front yard would be a violation of 42.01? I have a fence and gate but it's a chain link fence so I would be visible from the street.

[lonewolf]

I think intent is the primary issue here. If he did this every day, regularly, just like me sitting in my garage with my 12ga behind me on a shelf, visible to any and all, there is no intent. He did this just to scare the tree trimmers. Intent. IANAL, but that is my 2₵.

[RPBrown]

Then carying a long gun on a gun rack in your truck s a violation since you are in a public place.

And now I know I have been breaking the law nearly all of my life

[TXlaw1]

The discussion in this thread demonstrates why we need lawyers that take different views of the law and trial judges to sort them out, and appellate courts to tell the trial judge if he was right or wrong.

[jimlongley]

Oncor says "this is no way . . ." and "Please call us." but says they have no record of the calls. Hmmmm

[Kythas]

How do you make the distinction between "private property" & "public place"

Penal Code
Sec. 1.07. Definitions
(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

I would counter that my front porch is not a "public place", in that the public does not have access to it, but may only access it with my permission.

By your argument, any area visible from the street or public sidewalk is a "public place". So if I'm sitting in my living room but have the shades drawn so someone walking on the street outside can see in, is my living room now a "public place"?

[jester]

His intent in displaying the gun in his lap was no different than the intent of a security guard wearing a gun in a holster. Or a cop for that matter.

If any crime was committed, it was this one:

A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person

The crime he intended to deter.

[WildBill]

How do you make the distinction between "private property" & "public place"

Penal Code
Sec. 1.07. Definitions
(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

I would counter that my front porch is not a "public place", in that the public does not have access to it, but may only access it with my permission.

By your argument, any area visible from the street or public sidewalk is a "public place". So if I'm sitting in my living room but have the shades drawn so someone walking on the street outside can see in, is my living room now a "public place"?

IANAL, but can't "the public" legally come on your porch to knock on your front door? Didn't the Fifth Circuit court rule that a Federal Agent could legally put a GPS on your car that was parked in your driveway?

P.S. I'm not saying that it's right, just that it may be legal.