Disorderly Conduct, Discharge/Display Firearm Texas

[felipe212]

What is the name of your state? Texas

Ok Here is what happend, Me and My friend travel to Dallas, Texas from las vegas,NV now My friend has his handgun registerd and carrys it often on his belt(Not Conceald) here in Las Vegas, either way he took his handgun with him and checked it in on the airport with TSA and did everything proper.
So while being in Texas we went to a Barbecue Restaurant and my friend had his gun in the Holster on his Belt(Not conceald). We ate our lunch and then 2 Garland police Officer came in who were informed Through a 911 call, My friend was respectfull and let the officer know that he was from Las vegas,NV and that the handgun was registerd, the officers were very rude and cursed him out. Then proceded to take him into custody and booked him for 3 days in the dallas county prison, then he was released on a 500 dollar bond. While my friend was being booked the police officer offerd me a ride to my hotel room, once we got there they walked with me to my hotel room and with out asking me or any hotel staff they searched the hotel room, then they left.

My friend is currently charged with Disorderly conduct and Discharge/Display Of a Firearm.

There was never any Disorderly conduct we are just 2 honest people from Las vegas, NV who came to Dallas,Tx and were enjoying food at a local restaurant, we paid our bill and tiped the waiter. We also followd all instructions respectfully given by the police officers.

My questions here are the following:

Is it illegal to charge someone with disorderly conduct when such a crime was not commited?

Was it illegal to carry a non conceald weapon in the state of Texas?

Can my friend transfer the case to Las vegas, Nv?

Was it illegal to search the hotel room with out any consent?

What would be the best course of action to take?

THANKS FOR ANY REPLYS

 

[Jack_David]

Is it illegal to charge someone with disorderly conduct when such a crime was not commited?

I doubt that, that is illegal. However if that was not the case you should definately plead not guilty and fight it in court. Preferably a trial by jury.

Was it illegal to carry a non conceald weapon in the state of Texas?

Shotgun and Rifle, its not illegal. However it is generally illegal to openly carry a handgun in public.

However you said yall were at a restaurant when he was arrested which I presume is private property.

Now here is a big if, if was some smaller restaurant you might want to talk to the owner see how pro-gun or not he is. If he had no problem with you having your gun on his property then the prosecutor might have a harder time trying to prove to a jury that you commited a crime.

Can my friend transfer the case to Las vegas, Nv?

I doubt it.

Was it illegal to search the hotel room with out any consent?

Probably, but if you didnt specifically tell them that they couldnt search they would probably claim in court that they thought they had your permission because you let them into your room and didnt tell them anything. Assuming they didnt get any evidence of anything in your room its probably not the hassle to do anything about that.

What would be the best course of action to take?

Plead not guilty, request trial by jury, get a decent lawyer, learn more about Texas gun laws, try to stretch the definition of travelling a bit more in regards to said laws.

 

[Donny H]

I just glanced at Packing.org in the Texas section, and it appears your friend is in trouble. Open carry is against the law in Texas, even if you have a valid Texas concealed carry license, or a license from another state valid in Texas.

Check this site:

http://www.packing.org/state/texas/

A quote from the above link: "It is illegal to carry a handgun openly in Texas. More than one reader has emailed me telling me this. They have included the following quotes from the Texas law. All have also said that their instructor in the CHL class stated open carry of handguns is illegal in Texas. Most said, "There is no open carry". "A CHL holder can be arrested and charged with intentional failure to conceal a handgun".

Here is the law in question:§ 46.035. Unlawful Carrying of Handgun by License Holder
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

Here is a new Texas law pertaining to travel and guns, also from Packing.org:

Anyone who can legally possess a firearm, and is traveling, can carry it inside a motor vehicle. The firearm can be loaded and must be concealed. If it is in view it is a violation of the law. Law beocmes effective 9/1/05.

The registration of your friends handgun doesn't matter to Texas, Clark County Nevada has a law requiring handgun registration, but the rest of Nevada and seemingly Texas doesn't care about registered vs. not.

In regars to a hotel room toss, a bogus search that turns up no evidence is a dead issue.

If it was me, I would treat this matter very seriously, a gun charge conviction could mean your friend is NEVER allowed to own a gun again. If Texas offered any sort of lesser charge (like disturbing the peace) on a plea deal, I would take it.

If all this turns out okay, tell your friend to get a concealed license from Clark County, they will issue them, but it takes 4-6 months to process. Even better, go up to Reno, I hear it is much faster.

Good luck.

 

[Just Blue]

Has all of the various public shootings and the predictible liberal reactions across the country escaped your notice?

What the heck does this mean?

 

[Kane]

I think it means Curt thinks there'd be fewer shootings, if more people had guns.

 

[Just Blue]

I think it means Curt thinks there'd be fewer shootings, if more people had guns.

One has to wonder at the logic of such a philosophy...

 

[Mister Darcy]

One has to wonder at the logic of such a philosophy...

Actually, it is statistically true. In countries where people openly carry firearms the murder rate tends to be lower. In fact the total crime rate tends to be lower. Why? Well a crook is going to think twice about attempting to victimize someone with a firearm slung over their shoulder.

 

[Just Blue]

Actually, it is statistically true. In countries where people openly carry firearms the murder rate tends to be lower. In fact the total crime rate tends to be lower. Why? Well a crook is going to think twice about attempting to victimize someone with a firearm slung over their shoulder.

Mr Darcy...You know that I have the greatest respect for you....but may I ask where you found these statistics??
Please don't think I am doubting you...I am just curious to take a look at them!

 

[Mister Darcy]

Mr Darcy...You know that I have the greatest respect for you....but may I ask where you found these statistics??
Please don't think I am doubting you...I am just curious to take a look at them!

I read that a long time ago, specifically in reference to the middle east where the murder rate is generally low even though people tend to walk aound with assault rifles. Anyway here is a site for you with some interesting links.

http://www.guncite.com/gun_control_gcgvinco.html

 

[Kane]

Yes, the middle-east is much less violent than crime-plagued streets of Stockholm & London. If only the Swedes carried assault rifles!

 

[Mister Darcy]

Yes, the middle-east is much less violent than crime-plagued streets of Stockholm & London. If only the Swedes carried assault rifles!

I am detecting a bit of sarcasm here. Maybe you should do a bit of googling before posting responses such as this. Maybe compare the murder rates of Stockholm, London, Cairo, Yemen, Qatar, Saudi Arabia, Los Angeles, Baghdad, Israel, etc. I did. It might just surprise you.

Did you know, for instance, that Norway has the highest rate of private gun ownership in western Europe, and the lowest murder rate? Or that Luxembourg has a total ban on private gun ownership yet has the highest murder rate?

 

[Kane]

Yes, I know the internet is full of misleading comparisons posted by gun-rights advocates.

However, you're the one that argued that middle-east is safer, because people walk around with assault rifles. Are you seriously arguing the middle-east is safer than Japan, or England, or Sweden?

And if assault rifles make people safe, what about hand grenades, or bazookas? Flame-throwers?

If you're correct, isn't the army making a huge mistake by taking guns away from Iraqis, rather than handing them out?

 

[Just Blue]

Yes, I know the internet is full of misleading comparisons posted by gun-rights advocates.

However, you're the one that argued that middle-east is safer, because people walk around with assault rifles. Are you seriously arguing the middle-east is safer than Japan, or England, or Sweden?

And if assault rifles make people safe, what about hand grenades, or bazookas? Flame-throwers?

If you're correct, isn't the army making a huge mistake by taking guns away from Iraqis, rather than handing them out?

If I hadn't seen this with my own eyes, I wouldn't believe it!! Someone from Texas taking for gun control!!

 

[HappyHusband]

What is the name of your state? Texas

Ok Here is what happend, Me and My friend travel to Dallas, Texas from las vegas,NV now My friend has his handgun registerd and carrys it often on his belt(Not Conceald) here in Las Vegas, either way he took his handgun with him and checked it in on the airport with TSA and did everything proper.
So while being in Texas we went to a Barbecue Restaurant and my friend had his gun in the Holster on his Belt(Not conceald). We ate our lunch and then 2 Garland police Officer came in who were informed Through a 911 call, My friend was respectfull and let the officer know that he was from Las vegas,NV and that the handgun was registerd, the officers were very rude and cursed him out. Then proceded to take him into custody and booked him for 3 days in the dallas county prison, then he was released on a 500 dollar bond. While my friend was being booked the police officer offerd me a ride to my hotel room, once we got there they walked with me to my hotel room and with out asking me or any hotel staff they searched the hotel room, then they left.

My friend is currently charged with Disorderly conduct and Discharge/Display Of a Firearm.

There was never any Disorderly conduct we are just 2 honest people from Las vegas, NV who came to Dallas,Tx and were enjoying food at a local restaurant, we paid our bill and tiped the waiter. We also followd all instructions respectfully given by the police officers.

My questions here are the following:

Is it illegal to charge someone with disorderly conduct when such a crime was not commited?

Was it illegal to carry a non conceald weapon in the state of Texas?

Can my friend transfer the case to Las vegas, Nv?

Was it illegal to search the hotel room with out any consent?

What would be the best course of action to take?

THANKS FOR ANY REPLYS

***Was it illegal to carry a non conceald weapon in the state of Texas?***

Yes. Texas and Nevada have reciprocity agreements regarding carrying handguns for folks who have the Concealed Handgun License, but in Texas the handgun MUST be concealed.
Your dufus friend would have had no problems if he had kept his handgun concealed.

 

[HappyHusband]

I doubt that, that is illegal. However if that was not the case you should definately plead not guilty and fight it in court. Preferably a trial by jury.



Shotgun and Rifle, its not illegal. However it is generally illegal to openly carry a handgun in public.

However you said yall were at a restaurant when he was arrested which I presume is private property.

Now here is a big if, if was some smaller restaurant you might want to talk to the owner see how pro-gun or not he is. If he had no problem with you having your gun on his property then the prosecutor might have a harder time trying to prove to a jury that you commited a crime.




I doubt it.



Probably, but if you didnt specifically tell them that they couldnt search they would probably claim in court that they thought they had your permission because you let them into your room and didnt tell them anything. Assuming they didnt get any evidence of anything in your room its probably not the hassle to do anything about that.



Plead not guilty, request trial by jury, get a decent lawyer, learn more about Texas gun laws, try to stretch the definition of travelling a bit more in regards to said laws.

QUOTE***However it is generally illegal to openly carry a handgun in public.***
Generally illegal? How about always illegal, unless you are an officer of the law.


QUOTE***If he had no problem with you having your gun on his property then the prosecutor might have a harder time trying to prove to a jury that you commited a crime.***
If he did not have a problem with the gun on his property, then he would have been OK to carry the gun, CONCEALED. But he carried the gun out in the open, which is ILLEGAL.
If the restaurant owner did have a problem with guns on his property, he would have posted the "No handguns sign" on the front door that you, living in Texas, should easily recognize. If you don't know this sign, go to any establishment whose alcohol sales exceed 51% of total, and you will see it.

QUOTE***try to stretch the definition of travelling a bit more in regards to said laws***
Are you retarded? You would have to stretch the definition of "travelling" from McAllen to Amarillo to make it justify waltzing into the Bar-B-Que joint with your iron strapped to your belt for all to see.
"Travelling" only gives you a defense in court for carrying a handgun in your vehicle without a Concealed Handgun License.