I would like to get your opinions about this situation. I just heard about it and I’m pretty mad, am I missing something here? This looks like pure BS to me.

www.youtube.com/watch?v=A8r4MK3R4PI&list=UUqMLEmIV1pxWlkouaqlBbDA&feature=player_embedded

www.nationalreview.com/corner/345714/free-cj-grisham

www.indiegogo.com/projects/2nd-amendment-legal-defense-fund

maps.google.com/maps?q=Airport+Road+and+Old+Howard+Road+temple+texas&hl=en&ll=31.129081,-97.400279&spn=0.015668,0.033023&sll=31.168934,-100.076842&sspn=16.002762,33.815918&t=h&hnear=Airport+Rd+%26+Old+Howard+Rd,+Temple,+Bell,+Texas+76502&z=16

Chief Gary Smith, Chief of Police
209 E. Avenue A, Temple, TX 76501 | Non-Emergency Ph: (254) 298-5500
really if you want to help this call the prosecutions office

A Corporal Wilcox is handling the public relations. This needs to be a message to anyone else in Texas that tries to take away our rights.




[This message has been edited by Sporph (edited 4/16/2013 11:19p).]

The guy needs a really good lawyer. I'm guessing he has plenty to choose from lining up outside his house.

robert

I'm going to call the PD and the Bell county DA tomorrow to express my concerns.

District Attorney, 27th Judicial District, Bell County - Henry Garza

Bell County Justice Center
1201 Huey Road, Suite 2100
Belton, Texas 76513

Phone: (254) 933-5215 or (800) 460-2355 ext. 5215
Fax: (254) 933-5238

Mailing Address: P.O. Box 540
Belton, Texas 76513

The cop was a complete idiot. I hope that guy sues the department the city and the cops themselves. A long rifle slung over your shoulder is not carrying in a threating way. Looks to me like the cops egos were hurt.

[This message has been edited by Baseball32 (edited 4/17/2013 6:14a).]

I'm all for personal liberty, supporting the Constitution, and lack of a police state. However, given today's climate of concern, the guy had to understand that his carrying a SAW, in plain sight, would generate concern by someone driving by. Rightly or wrongly, it's a fact.

Sounds to me the police officer was anxious, as I would have been, when approaching an armed person. Then, when he didn't answer and fully cooperate, that made the LEO more concerned, and he reacted, incorrectly, in my opinion, by trying to take the weapon. Then it went south from there. Saying that, if the guy would have been more open and straight forward with the police, I doubt he would have been arrested or really bothered much at all.

quote:

---

Initially, he was “cordial” and he “asked what we were doing.” Grisham told him. “Then he looked at my rifle. I carry a rifle any time I walk around because there are feral hogs and cougars and things like that.”

From here, things took a turn for the worse.

“‘Where you going with that rifle?’ he asked me. I said, ‘does it matter? Am I breaking any laws?’” Then, he says, the officer “grabbed the rifle without telling me – but it was attached to me.

---

Put yourself in the officers' shoes. You are told there is a couple of guys walking around with a weapon. If you don't really investigate, and something bad happens, you look inept.

[This message has been edited by csrealist (edited 4/17/2013 6:19a).]

I am a law abiding, pro NRA (not a member and don't carry a gun), conservative.

Police are going going crazy.

I just viewed the video of the Dallas County Sheriff deputy that arrested a motorcyclist on a Dallas freeway. The deputy could not find a statute to charge the rider, so he eventually charged him with having a non readable license plate. (however he did manage to read the plate from his cruiser and call the number in to dispatch.)

The rider also had a helmet video camera that recorded the whole arrest. The deputy confiscated it. The county later returned the helmet cam to the motorcyclist.

Long story short the deputy was suspended for 38 days (not long enough in my opinion).

The rider has filed a lawsuit for over a Million dollars.

The city of Temple better hurry up and discipline the police officer and his supervisor and try to settle out of court. This is going to cost the city big bucks.



[This message has been edited by brazos county observer (edited 4/17/2013 7:31a).]

What's crazy is they still have the guy's weapons. That is insane.

quote:

---

The rider has filed a lawsuit for over a Million dollars.

---

While the story itself pisses me off, this part is even worse. a MILLION DOLLARS??? FOR WHAT????

^^^^^^^
Watch the video. Especially when the Dallas Police officer, (who apparently stopped to help with the harassment, tried to pull the riders helmet off, without removing the strap that holds the helmet on. The rider was handcuffed and had to explain to the police officer how to removed the strap.

Police do not treat law abiding citizens like that in my free country.

Dallas County owes the rider the money because they hire jackboots like that deputy.

Again, I am a little right of Attila the Hun and respect law enforcement.

There were no weapons and no resistance. Yet he was arrested and jailed for 8 hours until he posted bail.

The sheriff's deputy and the Dallas police officer need to be retrained or dismissed.

Remember the deputy was suspended for 38 days with no pay for his actions.

IMHO the deputy needs to make a public apology to the bike rider and resign. I am sure he will not get the million but he does need to have his legal fee's paid and compensated for spending 8 hours in jail.

I think there is this little thing called the Constitution.

I was informed this morning by a good friend that also happens to be a police officer, that Master Sergeant. C. J. Grisham was in violation of the law because of the fact that he had his firearm slung in front of him, muzzle down, not shouldered with the muzzle pointing up. I’ll try to find the applicable code if I get a chance, I have a very busy day today. Maybe one of the lawyers here could expedite the information search.

If it is a code violation, the code needs to be changed.

I agree with what csrealist wrote.

quote:

---

Put yourself in the officers' shoes.

---

While I can sympathize with the officer, our laws are not designed to make them comfortable while they do their jobs. Or at least, they shouldn't be.

robert

This thread probably would do better in the Central Texas forum.

Wrong forum

Thanks for posting this, Sporph. Nobody looks at the central Texas forum.

There are already long threads on this in the appropriate forums. Politics and Outdoors.

The personal freedoms expressed in the Bill of Rights was placed in the Constitution directly to protect us from the government..the police being the government.

Those policemen should be dismissed immediately.

I love how people say other people should be fired when they saw only a portion of what occurred.

quote:

---

I was informed this morning by a good friend that also happens to be a police officer, that Master Sergeant. C. J. Grisham was in violation of the law because of the fact that he had his firearm slung in front of him, muzzle down, not shouldered with the muzzle pointing up.

---

Your good friend is incorrect which is sad.

There is nothing in the law that says a rifle has to be slung muzzle up.

Annoyed people are out there provoking situations like this. If your carrying around a camera and a gun on your chest, that is probable cause to approach and question intent. Its an officers duty to his wife and kids to make sure the possible nutjob is disarmed until the situation can be identified. In my own opinion, both were in the wrong, but the beginning of the video is mysteriously missing so its hard to say.
If a police officer comes up to me and removes my CCW, I'll say yes sir, not scream random quotes from a law book.
The law is worthless without common sense!

robertcope was replying to another comment specifically, but his statement is perfect for these types of situations. You don't bend the rules b/c someone is uncomfortable or b/c what someone may be doing seems odd to you, the perfect example is the Patriot Act. Or you don’t just support bending of the laws when you deem it ok and then accuse someone of destroying the constitution when a law you don’t agree with is unconstitutional. And I get it, I would at the very least be concerned at the sight of someone open carrying like that and have no problem with the cops being called, but the law is the law.

Also, people like to have it both ways with the constitution. You can’t have an opinion prefaced with the antithesis of that opinion and expect your point to be made. (ie csrealist’s post) I know you didn’t say he shouldn’t be able to open carry but your “However, given today's climate of concern, the guy had to understand that his carrying a SAW, in plain sight, would generate concern by someone driving by.” and description of how the cop was probably feeling lends me to believe you don’t really have a problem with what happened. You see those videos where drivers refuse to answer questions at border checkpoints or someone open carrying refuses to give information, and yes a lot of them are doing it in a *****ish way, but that doesn’t change that they are within their rights. Either you’re for enforcing the constitution or you are not.

I would like to find the statute(s) that cover this. I can't find anything in the state code covering the proper carry of a long gun.

www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.02



Texas Penal Code - Section 1.08. Preemption
Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 1.08. Preemption
§ 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.


[This message has been edited by Sporph (edited 4/17/2013 11:44a).]

No, I was very clear, or so I thought. The cop was in the wrong for trying to grab the gun and escalating the situation. However, had the guy just answered some questions, without trying to be a tough guy, this all may very well have been avoided. The Constitution protects our rights of illegal search and seizure, the right to bear arms, but not to be uncooperative with LEO's trying to protect the peace and investigating a complaint. The guy should have offered calm, respectful answers for questions posed by the cop(s), not come back with "what does it matter?" It mattered because another citizen was concerned and complained, making the LEO respond to a potentially life threatening situation.

^what happened before the camera started rexording?

yawn... something about failure to comply with a lawful request...

as one who lives withing the city limits... i'd prefer he NOT sue the PD. that's my tax dollars you're being rather willy nilly with.

An I found an article about the guy, he’s not new to controversy. I give him credit for standing up, not to mention his service to the country.


militarytimes.com/article/20091208/OFFDUTY02/912080301/The-rise-and-fall-of-a-military-bloggerm

quote:

---

Eight years later, during the invasion of Iraq, Grisham took down a squad of Iraqis when his counterintelligence detachment got pinned down in an ambush. He earned the Bronze Star with "V" after rushing through the gunfire by himself with just a 9mm pistol and a hand grenade.

---