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Results of OC of an AR at the Mall.

Discussion in 'Legal & Political Archive' started by Hawaiian, Jan 13, 2014.

  1. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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  2. Steve M

    Steve M Beaverton, OR Well-Known Member

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    That is highly specific to the laws of TX and not applicable to our area.
     
  3. Mikej

    Mikej Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    It could, easily, happen just that way here, so I don't know what you mean?
     
  4. Steve M

    Steve M Beaverton, OR Well-Known Member

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    Meaning all malls in our area already ban weapons but the ban does not carry force of law. If this happened in Oregon the guy would have been asked to leave the mall and CC people would be unaffected.
     
  5. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    As a former Texas (hopefully soon to return) and a CHL holder, the laws there are...interesting. While the 'mall' did post the required '30.06' (penal code that bans CC) signage, all it would take is one retailer with an outside facing door to not post the sign and then the mall is still open to CC. They law is pretty strict in spelling out that every entryway must be posted, including employee only entrances.

    It's not the first mall that has done it, won't be the last. The one that come to mind most for me was in downtown Houston, rough area. The last Jordan's shoes release saw 4 people mugged for their shoes at the bus stop in front of the mall. One of the retailers, I think it was Sears actually, failed to post, and the entire mall remained CC.
     
  6. oli700

    oli700 Rogue Valley Well-Known Member

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    is it technically legal to open carry a long gun in Texas ?
     
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  7. Asp

    Asp Oregon, the promise land. Active Member

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    I hope it's not because you're too damp.
     
  8. simon99

    simon99 Central Oregon Well-Known Member

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    I agree with oli700, I could be wrong, but I think its against state law in Texas to OC a long gun.

    So, the big question is......was this an anti-gun zealot posing as a pro-2A individual? Check mate for the anti's in this case.....
     
  9. xlsbob

    xlsbob coos county Platinum Supporter Platinum Supporter

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    believe the article says the guy owns some "tactical" store in the mall
     
  10. oli700

    oli700 Rogue Valley Well-Known Member

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    Sucks they don’t have the insight to realize they cut their nose off to spite their face, with everything that’s been happening with bad guys, gun free zones are targets to anyone with half a thought to do damage without confrontation. ……and yet again making the innocent law abiding conceal carry folks pay for the actions of one idiot, sad to see them take the easy way. Cool thing about concealed is that it is concealed so good luck enforcing that
     
  11. Will_Power

    Will_Power OR via OK Active Member

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    Who in their right minds thinks that slinging a longarm over your shoulder and walking around a mall is a good goddamn idea?!

    You're not changing minds; you're not breaking down stereotypes; you're not making people more comfortable about the idea of guns being around them; you're not helping us keep our rights.

    There's a difference between what you are legally able to do and what you prudently should do.

    Stop it.

    Good grief.
     
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  12. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    Washington Square does not have any signs banning firearms. At least none I have ever seen.
    Meaning that an act such as this could result in them changing their policy. They are in business to make a profit. If anyone is scarring shoppers away, they will change their policy very quickly. That is what the Texas mall did for this very reason.
     
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  13. mcathcart

    mcathcart Beaverton, Oregon Active Member

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    It did the last time I was there,
     
  14. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    From what I've read, it's not (generally) legal to OC a pistol in Texas (except maybe hunting?). There doesn't appear to be a law against OC of a long gun, BUT a LEO can get "creative" and haul you away for "rudely displaying" a firearm in public.

    That's just based off the stuff I've read and seen on the interwebs.
     
  15. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    OC'ing PISTOLS is limited to hunting and personal property in Texas.

    As far as long-guns (rifles, shotguns, SBR/SBS) you can open carry loaded, legally. There is a statute about 'carrying in a manner as to incite panic', which precedent holds as walking around with your AR at the low ready.

    The mall would of had to have signs posted baring firearms from the premises, or had a member of management contact him, and ask him to leave. Which would turn it into criminal trespass.

    Before they started issuing CHL's in Texas it wasn't uncommon for people to carry a short barreled shotgun around as a legal alternative.

    He was legal as far as the letter of the law goes, but we will see how the courts interpret the 'spirit' of the law.
     
  16. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    Not the dampness, it rains more in a week where I'm from than it does in a year here....too cold, and I miss boudan sausage, GOOD gumbo, jambalaya, and crawfish boils....

    Only moved here for flight school anyways
     
  17. oli700

    oli700 Rogue Valley Well-Known Member

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    what more does a guy need ?

    I actually couldn't find anything against long guns either, open to the interpretation of leo on scene if threatening or menacing behavior is displayed

    if I were a mall patron.....ignore
     
  18. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    just for the record these OC demonstrations in malls (or other places of buisness) are really not in our best interest here in Oregon. Oregon's law governing signage is actually not that clear, even handgunlaw.us lists Oregon as the signage carries the weight of the law.
    The short story is while there is no Oregon law supporting lawful enforcing of a no guns sign there is a law (ORS 164.265) that states "A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises." (emphasis mine), who wants to be the first case law poster boy?
     
  19. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    Where in the ORS does it say that a sign on the door of a public business prohibiting firearms carries the weight of law? Until it does, the unlawfully requirement has not been met.
     
  20. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    A guy who owns a "tactical training facility" can't obtain a discreet carry case for his rifle? He didn't know about the mall, school, theater massacres? Really?

    This is really simple: Don't Scare The People.

    Another one: Discretion is The Better Part of Valor.

    You can do a lot of amazing things if you Don't Scare The People.

    Somehow these words from Men In Black come to mind: