Rudely displaying firearm - updated

[TaunTaun]

Searched around a little bit and I haven't seen an update to this recently here. Many of us here are familiar with the CJ Grisham case in Temple, TX where he and his son were walking down the road when an officer stopped them to address the AR-15 that CJ Grisham was carrying.

The man in question managed to start his camera during the incident and eventually handed it over to his son as he was placed in cuffs, etc.

Now, as I recall, this man was labeled as a troublemaker by many, a victim by a few, and opinions far and wide were aired out by us. Yesterday, the dashcam video was released of the officer-citizen interaction.

For review, here are some of the previous threads:

https://www.indianagunowners.com/fo...near-fort-hood-over-lawful-carry-firearm.html

https://www.indianagunowners.com/fo...er-carrying-ar15-arrested-disarmed-texas.html


Here is a link to the updated story and dashcam video:

Dashcam Video Released of Vet?s Viral Arrest for ?Rudely Displaying? Rifle on Hike With Son ? and It Reveals the Context Everyone?s Been Waiting For | Video | TheBlaze.com


On Nov 19th, Grisham was found guilty by a jury in the interference of a public servant and was ordered to pay a $2000 fine.

A lot of people spoke of the need for context and were waiting for the dashcam footage before having an opinion one way or another on this. I was of the opinion that as far as their own video, it shows that they (Grisham and son) were more than likely in the right. Now that I've seen the dashcam footage, I'm absolutely positive.


So now that there is more evidence, what does our Ingo Court of Public Opinion say?

 

[David D]

I truly am not a police hater, and believe that the vast majority of officers have a difficult job that they make an honest attempt to do well. In this case they failed. The officer should be terminated, perhaps he should be a prison guard. The supervisor should be demoted, and the verdict needs to be overturned. The prosecutor should be fired, and an apology with settlement should be given to the law abiding citizen of what used to not be a police state. All of this is my not so humble opinion.

 

[Glock19]

The officer should be terminated, perhaps he should be a prison guard.

As a former prison guard i'm offended by this statement? Like Prison Guards are less than on patrol police officers? What are you trying to say?

 

[David D]

As a former prison guard i'm offended by this statement? Like Prison Guards are less than on patrol police officers? What are you trying to say?

Sorry, my statement was intended to be focused on the rights afforded to the citizens (residents), not the enforcing authorities. The residents of a prison do not have the same legal rights as a free citizen (such as the right to keep and bear arms).

No offense intended to the guard profession.

 

[SteveM4A1]

Oh what's new..this is disgusting JBT behavior. Can't believe he was convicted, but I also don't know Texas law and am not going to go reading through it. I sure hope he wins the appeal and gets some money from this, because he deserves it in my opinion.

 

[ViperJock]

Tagged

 

[Sgtusmc]

He had to be stopped before he shot up some dead grass.

 

[g00n24]

Im not sure what counts as "rudely displaying a firearm in Texas" so who knows if he was really guilty or not. The officer shouldn't have reached for his weapon like that, however, he did move quickly and in a way that I could see being taken as "threatening" to stop the officer from taking the firearm. Stating right away that he does not consent to search or seizure of his property or person and standing still would have helped his case me thinks.

 

[jedi]

g00n24,

the guy was found guilty of "“interference with duties of a public servant," by a jury.
Makes me wonder if there is a point in those that say would rather be judged by 12 then carried by 6. As it appears those 12 (in this case 6) are as well.
So in the end he was doommed anyway.

 

[g00n24]

g00n24,

the guy was found guilty of "“interference with duties of a public servant," by a jury.
Makes me wonder if there is a point in those that say would rather be judged by 12 then carried by 6. As it appears those 12 (in this case 6) are as well.
So in the end he was doommed anyway.

Jeez...what a joke! I guess he did lose his cool a few times, maybe that's what they were basing their decision on???? Just goes to show you the best thing to do is keep your trap shut and let the police dig the hole for themselves and sue them later...easier said than done I'm sure!

 

[CathyInBlue]

I wonder if Texas Law has something similar to our IC 35-41-3-2(i-k).

 

[HoughMade]

Not the proudest moment for anyone involved.

Note to self- trying to be the loudest person seldom de-escalates a situation.

 

[SteveM4A1]

Not the proudest moment for anyone involved.

Note to self- trying to be the loudest person seldom de-escalates a situation.

Agreed. Although I can't say that I wouldn't be completely ticked off and wouldn't be loud as well, I would like to think I would remain calm and just stfu after telling them I do not waiver any constitutional rights.

 

[TaunTaun]

From another article: Texas Police Dept. Responds To Incident Of Arresting War Veteran For ?Rudely Displaying? Rifle // Mr. Conservative

Texas places no legal limitations on “carrying a long arm, a rifle, or a shotgun. . . .” Texas police, however, may disarm a person while they are questioning him, in order to ensure their own safety, provided that, unless they determine that the person carrying the weapon committed a crime, they return the weapon.

So, to establish a bit of a timeline here...

Police get report of MWAG or see him walking down the road with a gun...

Police believe he is rudely displaying his firearms. The detain said-man with a stop.

Police reach for his weapon to inspect/coonfinger it. Man objects. (I know my natural reaction would be to secure my weapon against this threat.) Man responds by placing hand on stock of weapon to keep positive control of a loaded firearm.

Police object. Police pull their own weapon. Police point there own weapon at man.

Police handcuff man. Police confiscate all firearms. Man objects, gets loud and vocal. Police arrest man, and book him into jail.

Initial charge is: Resisting Arrest.

(Considering that he did nothing to be arrested for, and is a tissue-thin excuse at best for the officers involved....)

Charge downgraded to: Interfering with a peace officer while performing duties

Note that the video from the Dashcam is only now being released to the public. This video was ordered released May 15th, 2013.

From the NRA-ILA Website: NRA-ILA | Texas

MISCELLANEOUSA violation of the state’s firearms laws that occurs within 300 feet of a school or on premises where a school function is taking place shall result in an increased punishment.
It is unlawful to display a firearm in a public place in a manner calculated to alarm.

It is unlawful to discharge a firearm in a public place or on or across a public road.

It is unlawful to possess, manufacture, transport, repair or sell handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, license or registration of firearms, ammunition, or firearms supplies.
It is unlawful to possess, manufacture, transport, repair or sell a zip gun (i.e. a device not originally a firearm that is adapted to expel a projectile using an explosion or burning substance.)
A person commits an offense if a child under 17 gains access to a readily dischargeable firearm and the person with criminal negligence failed to secure it or left it in a place to which the person knew or should have known the child would gain access. It is an affirmative defense if the access was supervised by a person older than 18 and was for hunting, sporting, or other lawful purposes; consisted of lawful defense of people or property; was gained by entering property unlawfully; or occurred during a time when the actor was engaged in an agricultural enterprise.
A municipality, county or other subdivision of the state may not bring suit against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.
SOURCES: Tex. Penal Code § 46.01 et seq. and Tex. Gov’t. Code § 411.171 et seq.

Maybe the police officer thought that this rude display of one's 2A rights constituted trying to alarm people. But even then, he was never prosecuted on ANY weapons charges. Other than his initial reaction to secure a loaded firearm from an attempted molestation by an authority figure, I do not see how he resisted arrest.

 

[maxmayhem]

you know....attitude is everything....this guy lost 2000 bucks for this and a jury found of guility of resisting arrest..he said he was not going to touch his weapon and he did..i feel like an arrest should be precluded by suspicion of a crime...not an arrest in lieu of being detained ...and this is why i conceal carry...cops have been good to me when you just have a good attitude and show respect

 

[jedi]

I do not see how he resisted arrest.

The mear fact that the guy did not bow down in fear of the law is resistance. When the law is within your sight you must bow down to it and not look it in the eye, not voice any concern and show utmost respect. Else expect a boot on your throat for your lack of respect to bow down. Know your place and bow and/or knee if needed!


my purple is broken today for this story...

 

[SteveM4A1]

The mear fact that the guy did not bow down in fear of the law is resistance. When the law is within your sight you must bow down to it and not look it in the eye, not voice any concern and show utmost respect. Else expect a boot on your throat for your lack of respect to bow down. Know your place and bow and/or knee if needed!


my purple is broken today for this story...

P.S. Here is a good article on it as well. Man am I glad I don't live there. http://www.examiner.com/article/bell-county-releases-temple-pd-dashcam-video-grisham-arrest

 

[jamil]

tagged for after the range trip.

 

[Exodus]

Texas the new Illinois.

 

[Smokepole]

It seems as though Texas is trying very hard to get away from being a "FREE" state. Ah, the hell with the Constitution.

Guess they won't need to secede when the SHTF.

No purple intended.