Ya know, I'm as pro-2A and pro-gun as they come.
I will say that I am 100% in support of open carry of long guns and handguns. For the repeal of nearly every gun law. For the repeal of the various GCAs and assault weapon bans in all of the states. For the repeal of background checks. ETC. In fact, I just argued on another forum for the right to carry long guns openly without being hassled.
But, I expect people, especially smart, educated, and/or experienced people like a decorated military veteran, a senior enlisted at that - to use some bloody common sense.
Grisham was exercising his right. I understand that. But like in Iraq he would presumably disarm an Iraqi citizen who is exercising his right to have an AK47 for the safety of US servicemembers until a cordon and clear mission is complete, so too should he understand that an officer will absolutely want to disarm him until questioning is completed. Briefly disarm, do your job, give them their guns back.
Grisham handled himself very poorly; shockingly poorly as a matter of fact. First, he should know that even though legal, open carrying an AR15 with a magazine in the well is GOING to draw attention and result in confrontation with a cop. Perhaps that's why he immediately had the camera on. I cannot fault him for exercising his right. I wish more people would. I can fault him for not immediately setting the officer at ease with hands up, a smile, and offering his carry permit, license, and a 'howdy - do.'
Now, we know cops are on alert for any suspect activity. In fairness, with all of the mass shootings, seeing a guy walking around with a loaded AR15 is going to draw attention, even in Texas. Say a cop saw the shooter walking to the school with an AR15 right before Sandy Hook and failed to stop and see... there would be a ton of liability in the cops not investigating. Columbine. Sandy Hook. Fort Hood. Texas bell tower shooting. Aurora movie theater. The list is growing of unhinged guys with carbines going on shooting rampages.
Imagine YOU are a cop. Things like this happen all the time:Cop stops a car, and a guy with and AK47 hops out and riddles the cop car with bullets.
http://www.youtube.com/watch?v=8ililCtp0Bk
Cop rolls up on the scene. Grisham has an AR15 with magazine in well, at the low ready. 30 rounds of immediate firepower, available in 1 second, faster than the cop can draw a sidearm. He doesn't know if Grisham is the next Adam Lanza. Any cop would be apprehensive seeing a guy carrying an AR15. But in addition to being immediately combative, next, Grisham failed to inform the officer that he had another gun on his person, and a concealed carry permit until a few minutes into the altercation. Texas law requires notifying the LEO of your permit and carry status and voluntarily surrendering his firearm(s). What did he possibly hope to accomplish by jumping around, arguing, and shouting at the cops?
Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE. (a) If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the officer shall seize the license holder's handgun and license as evidence.
(b) The provisions of Article 18.19, Code of Criminal Procedure, relating to the disposition of weapons seized in connection with criminal offenses, apply to a handgun seized under this subsection.
(c) Any judgment of conviction entered by any court for an offense under Section 46.035, Penal Code, must contain the handgun license number of the convicted license holder. A certified copy of the judgment is conclusive and sufficient evidence to justify revocation of a license under Section 411.186(a)(4).
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
Sec. 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.
(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.
We all complain that cops don't prevent crime enough. Here is a cop doing what I would expect a cop to do when he sees someone with an AR15 and a magazine in the weapon walking down the road. Stop, disarm the gentleman for the cops safety, and ask a few questions. I don't see how his journey would have been infringed, nor his freedoms trampled, by simply complying for a quick and reasonable Q&A to make sure all is good. After all, that's part of the roll of a police officer.
If they have reasonable articulable suspicion of a crime, then they stop, disarm, and ask questions. For instance, it's perfectly legal to sit outside a bank and watch it with binoculars, take notes, pictures, etc. But we can all agree that this behavior would draw scrutiny and questions from the police. Same is true here.
Did the cop handle himself poorly? Were the cops lacking in their knowledge of the law, and their love for the 2nd Amendment? Yes, he failed to communicate very well nor did they know the law well. But the cop wasn't a complete jerk. He didn't go up commando with gun drawn yelling 'get on the ground.' He went up very casual and non-threatening. I believe Grisham could have totally diffused the situation had he been polite, hands away from gun, and cooperative.
BUT... Bottom line, Grisham handled himself poorly. When the police officer tried to take custody of the rifle, instead of Grisham offering to help and being non-threatening, he immediately started hostile quick movements and arguing. Wrong thing to do.
Especially as a trained Soldier, he should have simply complied with reasonable requests, disarmed, and then he would have been able to go on his way. But instead, he was extremely combative, edgy, threatening, "I'm gonna sue you.... this is on video...". Almost like he's just itching for an argument.
And arguing with cops when you're in cuffs on the hood of the car is fruitless.
I cannot fault the cop(s) for stopping people walking around with rifles. I can fault the guy who pushes the envelope, then behaves poorly. And, frankly, his behavior also put his son in danger. Danger of being shot by a nervous cop. Danger of being assaulted for the video camera. Danger of a host of things. He didn't know if that cop would get jumpy and light them both up, or shoot Grisham and sick a K9 on his fleeing son. Just really poor decision making. When he saw the cop, he should have put his hands up, offering zero threat, and complied 100% with a smile on his face. He'd have been on his way in 5 minutes with a positive interaction with the peace officer.
I'd say he got what he was looking for. A conflict. He's lucky he didn't get shot out of the deal. In fairness, that could have happened, even if unjustified. You don't come back from dead even if the cops were wrong to shoot.
CJ told us on Facebook (I assume it was him and not a person acting In Absentia) that he was ordered to pay a $2,000 fine, the max monetary amount for the charge, but no jail time.
If he is in the military, this could cost him a lot more than the $2K. He could lose promotability, be reduced in rank, removed from leadership positions, receive a permanent reprimand in his file (a career killer), etc...
