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Active Duty Soldier Illegally Disarmed by Police

Active Duty Soldier Illegally Disarmed by Police 

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  #1  
04-18-2013, 07:57 AM
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Active Duty Soldier Illegally Disarmed by Police

I always enjoy these father/son hikes because it gives me time alone with my son. As I always do when we go on these hikes and walks, I took my trusty rifle with me as there are coyotes, wild hogs, and cougars in our area. In Texas, it is legal to openly carry a rifle or shotgun as long as you do so in a manner that isn't calculated to cause alarm. In other words, you can't walk around waving your rifle at people. I always carry my rifle slung across my chest dangling, not holding it in my hands.

At about the 5 mile mark of our hike, a voice behind us asked us to stop and the officer motioned for us to approach him. He got out of his car and met us a few feet later. He asked us what we were doing and I explained that we were hiking for my son's merit badge. He then asked me what I'm doing with the rifle, to which I responded in a calm manner, "Does it matter, officer? Am I breaking the law?"

At that point, the officer grabbed my rifle without warning or indication. He didn't ask for my rifle and he didn't suggest he would take it from me. He simply grabbed it. This startled me and I instantly pulled back - the rifle was attached to me - and I asked what he thought he was doing because he's not taking my rifle. He then pulled his service pistol on me and told me to take my hands off the weapon and move to his car, which I complied with. He then slammed me into the hood of his car and I remembered I had a camera on me (one of the requirements of the hiking merit badge is to document your hikes). This video is the rest of that encounter. Up to this point, I am not told why I am being stopped, why he tried to disarm me, or even that I'm under arrest.

We did not set out that Saturday morning to "make a point" or cause problems. Our goal was to complete a 10-mile hike and return home without incident. My son chose a route that away from populated areas but near our home.

The arresting officer is Officer Steve Ermis and the supervisor is Sergeant Minnicks of the Temple Police Department.
not into texas laws but it seems the soldier has a point ?
saw this comment on his page.
Stupid fucking pigs. "we're exempt from the law." That thinking is exactly what is wrong with these assholes all over the country. Instead of educating the moron that called the police about gun rights, they thought it would be more entertaining to harass a law abiding citizen. I'm going to call the police now everytime I see a cop in my neighborhood and report a suspicious person carrying a loaded gun.
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  #2  
04-18-2013, 06:55 PM
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Re: Active Duty Soldier Illegally Disarmed by Police

"Active Duty" I doubt that.
  #3  
04-18-2013, 07:47 PM
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Re: Active Duty Soldier Illegally Disarmed by Police

To be fair I was on the soldiers side until I saw what gun he had, I thought it was just a hand gun but since when can you carry around an assault rifle legally? He didn't look like he was on active duty either, I feel the cop.was within his rights to arrest him.
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  #4  
04-18-2013, 08:10 PM
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Re: Active Duty Soldier Illegally Disarmed by Police

For what it's worth I think both the cop and the guy could've handled the situation better.
I can easily understand the cops suspicion and concern of the guy carrying the rifle but out in a unpopulated area one would think the guys not out to shoot anyone. The P.A. system would have benefitted both parties in the first of the encounter.
The guy with rifle shouldn't have ben a smartass with his immediate answer of "I'm I breaking the law" That kind of attitude automatically puts dickhead cops into a bad mood and then it's on.
I don't think the guy has a case for a law suite and the police/D.A office will more than likely drop the charges or not intend to pursue them. No bodily harm was done so again nothing warrants a civil suite.
I hope the situation allows the guy to retain his CWP and his right to bare arms and he gets his weapons back.

Yeah, most cops are fuckin dicks but there are some whom are compassionate and really want to help their community and the folks in it.

When I was young I always got tickets and constantly being hassled by the cops, now that I'm an old man I know how to talk to police and make them feel at ease. I've gotten out of many speeding tickets just being compliant and civilized compared to being a snot nosed punk.
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  #5  
04-19-2013, 05:10 PM
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Re: Active Duty Soldier Illegally Disarmed by Police

I love to see how this turns out.
  #6  
04-19-2013, 05:11 PM
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Re: Active Duty Soldier Illegally Disarmed by Police

I don't think AR15s are Assault rifles.
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  #7  
04-20-2013, 02:24 AM
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Re: Active Duty Soldier Illegally Disarmed by Police

Where is an ASSAULT RIFLE? Great Post, and this aint IRAQ. It Dont Matter Much How You FEEL.. IT Matters More On Our RIGHTS. Give an inch away, you will lose a mile..
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  #8  
04-20-2013, 04:45 PM
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Re: Active Duty Soldier Illegally Disarmed by Police

bottom line...........open carry of a rifle or handgun is legal in Indiana. Yes, police have the right to secure the weapon when you are encountered.
  #9  
04-21-2013, 08:06 PM
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Re: Active Duty Soldier Illegally Disarmed by Police

Open carry of an AR15 is legal here as well so long as you have a CCW permit. And again, an AR15 is not an assault rifle. The police can request to secure your weapon in our state, but cannot take them just because they are being carried. Probable cause must be present for the subject to even have to present identification. The man could have definitely handled the situation better, but nothing he did, as far as I can see, merited being arrested nor harassed.
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  #10  
04-22-2013, 04:03 AM
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Re: Active Duty Soldier Illegally Disarmed by Police

Give a smartass answer, get a pissed-off cop. How hard was it to say, "It's in case we come across a coyote. I have a permit for this weapon, officer, which I can produce for you if you need it."

I reckon the entire situation would have gone differently then.


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