I have conflicting feelings over this. I know that open carry is a thing in Texas, but who crossed the line, if anyone?

The state Attorney General can relieve him as sheriff permanently and should be removed

Another POS with a badge.

From the IG Desk:

Our first lesson in "IG School" was, "Never own the first spot report." Excellent guidance. I must assume there is more than meets the eye test to this issue. One doesn't become a Senior Police Official by being stupid or uneducated in law. I'll form no opinion until further detail of "WHY" this occurred is made public.

The chief of that city broke the law, and the SOB knows it, it happens often and in other Texas cities, the governor needs to put a stop to this baseless arrests

The biggest problem with certain liberal leaning police departments across the U. S., is that they are choosing which laws they will enforce and which ones they won't. Every police officer and law enforcement officers from the lowly small town cop all the was to the highest LE Officer in the country, they swear an oath to enforce all local state and federal laws without prejudice. However as you see on various news agencies, they are choosing not to enforce laws they disagree with. It's a disgrace. Anyone refusing to do their jobs that they have sworn to do, needs to be fired.

I might get grief behind it but, this was bound to happen. When its ignored as it happens to minorites and and poor whitws its not long before it happens to everyone.

I haven't heard of any incidents. And I lived in Killeen Tx for years, and it's CRAZY easy to buy a gun with all the pawn shops in the city. The only exception(if you want to call it an exception) is what Nidal Hassan did in 2009 at Fort Hood.

It is not wise to ignore an order from a cop, especially when he knows or thinks you are armed even though the cop is in the wrong. There have been many instances of innocent people being severely injured or worse when an idiot cop thinks he could be in a threat situation. The mere sight of a citizen with a legal weapon scares the crap out of them.

sue them personally and if the city refuses to fire them sue the city too, sue them into back into the stone age making them so broke they live on the streets where our brothers / sisters are forced to live by the VA.

Ok, Ive got to chime in on this one. Both folks in this were idiots. First though a bit of background.

Long guns are OK in Texas, no permit required. Handguns (or what appears to be a handgun to the officer) requires what is now called a Texas License to Carry (it was formerly called a CHL Concealed handgun license before open carry was approved at the legislature)

Im not even going to address the city ordinance, as it is irrelevant to the issue here.

I am going to say that I did discuss this very issue with the Sgt shortly after the open carry law was passed and warned him of this possibility if he ran into some coppers that were out to prove something.

As everything comes down to reasonableness of conduct, and establishing probable cause.

Couple of issues, In texas it is unlawful to resist an arrest, EVEN IF THE ARREST PROVES TO BE UNLAWFUL (Texas penal code 38.03)

Pretty much everything else can be covered by disorderly conduct, or interference with duties of public servant.


So lets play this out in the manner that would end up with you in jail and the coppers in the clear.
You're in the park holding your protest, and the coppers show up. You appear to be armed with a handgun, so the coppers make a demand to see your license as is required under Texas Govt code §411.205. REQUIREMENT TO DISPLAY LICENSE.
If a license holder is carrying a handgun on or about the license holder’s person
when a magistrate or a peace officer demands that the license holder display
identification, the license holder shall display both the license holder’s driver’s
license or identification certificate issued by the department and the license
holder’s handgun license.

They can also disarm you during the conduct (rarely used, but its there ) TGC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the officer’s official
duties may disarm a license holder at any time the officer reasonably believes
it is necessary for the protection of the license holder, officer, or another
individual. The peace officer shall return the handgun to the license holder before
discharging the license holder from the scene if the officer determines that the
license holder is not a threat to the officer, license holder, or another individual
and if the license holder has not violated any provision of this subchapter or
committed any other violation that results in the arrest of the license holder

They might do this at gunpoint or not depending on how militant they are feeling that day (how dangerous they consider you) and not only do they have the law on their side, they also have probable cause at the outset if they can articulate clearly ie: As less than one percent of the Texas population has a license to carry a handgun openly, it is a 99% chance that the individual carrying is doing so in violation of the law (remember this is about reasonableness)

So CJ says "no" ( he already stated to me that he would not comply with the requirement to display) , fine you're under arrest for unlawfully carrying weapon TPC 46.02 .

If you resist force is used, hell lets say for the sake of argument that you get tased and bump your melon.

At the end, the coppers find out that you do have a license (or it wasnt a real handgun). Ok, you're still under arrest, for interfering with duties of public servant, resisting arrest, maybe disorderly conduct if the coppers can find someone in that park that was alarmed or offended by the totality of your actions. (like the interfering charge he was previously convicted of)

I tried to tell CJ this shortly after the open carry law was passed, and how it could result in good folks getting injured or killed if they behaved in this manner. He was uninterested and wanted to make a scene to push the constitutional carry front.

End result? Stupid hurts, the chief is still the chief, and while it appears that the current charges have been dropped, it does not preclude the prosecutor recharging when they have their ducks in a row.

Lastly, open carry is stupid in the general public. It makes you a target and gives up advantage. The first indication for a criminal that they made poor target selection should be muzzle flash and the smell of brimstone, coincidentally why we dont march in a line when advancing on the enemy, and try to conceal our movements when we can.