KBMT news is reporting Beaumont police arrested a man for lawfully carrying a rifle. The incident happening in Parkdale Mall in Beaumont Texas.
It is reported that he has a store in the mall where he sells firearm accessories, but no actual firearms are sold there. He was allowed to have the rifle at the store for demonstration purposes. While walking to the store, with the AR-15 slung over his back, several people called the police. The police responded and arrested the man.
I never thought I would see the day when a police force in southeast Texas did not support gun rights. The article says the man was arrested and charged with disorderly conduct. Chances are the guy will be charged under Section 42.01 of the Texas Penal Code, which states,
Sec. 42.01. DISORDERLY CONDUCT. (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
The problem is, the rifle was slung over the guys shoulder, muzzle down. This is in no way “calculated to alarm”.
The guy may be charged, but this kind of stuff has been happening all over the nation. The police department usually loses, then has to pay a large fee after losing a civil rights case.
In other words, gun rights activist are using civil courts to force police departments to upload the laws they are sworn to uphold in the first place. Which is pretty sad considering a lot of law enforcement do not even know the laws they are supposed to be upholding.
During a recent gun rights rally in Austin a man was arrested for carrying a replica of a handgun made before 1899, which are not even considered firearms under Texas law.
This Is What Usually Happens
Someone legally carrying a firearm is arrested by uneducated (ignorant) police officers.
Charges are either dropped or person is found not guilty by jury. Which is the right thing to do as the police broke the law when they arrested someone for not committing a crime.
Person sues police department in civil court for unlawful arrest.
Insurance company for the city or county settles rather than going to court.
Uneducated (ignorant) police officers make yet another arrest, are sued yet again, lose money again.
Insurance company starts losing money so they raise rates.
County or city has a fit about rates going up.
Local news media has a field day with allegations of unlawful arrest lawsuits and all the times the police officers have been sued.
Embarrassed mayor or county sheriff has to fire police officers / deputies who made unlawful arrest.
City and county start educating law enforcement officers about citizens rights. After being sued a few times, losing the liability the police get to hide behind, and tax payers find out they are going to have to pay more money in taxes because of police misconduct, people will demand changes.
When the liability insurance companies cancel the policy, the police have nothing to hide behind. As long as the police have an insurance policy to hide behind for misconduct, there is nothing to stop bad cop behavior. When the liability policy is cancelled, the police department and the tax payers are held responsible for police misconduct.
Using Civil Court to Push Social Reform
Gun rights advocates are using the civil court system to force cities and counties to uphold the law they are sworn to protect. In the 1950s, 1960s, and even into the 1970s police were pretty much free to do whatever they wanted, and with little to no recourse. No cop is going to arrest his buddy for making an unlawful arrest. the district attorney and the city attorney has to follow through with charges or they stand to lose trust with the police. Whether the police or in the right or in the wrong, the city or county has to follow through with charges brought forth by the police. This is the way things have always been, and this is the way things will continue to be.
What has changed in the past few years? After the charges are dropped, or the person is found not guilty by jury, citizens have started suing the police for making false arrest and civil rights violations.
The time in which citizens sat idly by while the justice system trampled on our civil rights has passed.
What brings about change? Cops losing their jobs because of budget shortfalls.
What causes budget shortfalls? Being sued over and over again in civil court. When bad cops cost tax payers more money then what the budget allows, something will have to change. Usually that change is the bad cops losing their jobs, which is a good start.
New Type of Civil Rights Movement
We are a government of the people, by the people and for the people. This is especially true on the local level. The fight for civil rights and gun rights has to be fought on the local level, then moved to the state and federal level. Gun owners are tired of gun hating liberals talking about taking our rights way. We see what is going on in places like New York, and we are sick and tired of it.
The time for protest has passed. If protest worked, the income tax would be abolished, the Vietnam conflict would not have lasted a decade, and our presence in the middle east would have ended a long time ago. The honest truth is, elected officials could care less about protest. The only time protest are noticed is when they turn violent, which is not the course of action gun rights activist wish to take.
Voting does not bring about real social change. This is because the same two parties are rotated between office. If voting brought about real change, why do we still have the income tax? Why do we have homeless vets living on our streets? Why is wall street getting richer and the poor getting poorer? If we want real change, it has to start on the local level, with local people, and local civil rights lawsuits. City by city, county by county, state by state, the government will slowly be forced to recognize the peoples right to keep and bear arms.
If the people want true change, it has to start on the local level, with the local police departments and with the local government. The local sheriff and chief of police answer directly to the people. Who does the state police answer to? Not the people. Local small governments do not have the resources, time or money to fight a long drawn out civil rights lawsuit. Nor do insurance companies who provide liability coverage to the city or county wish to fight a long drawn out civil rights lawsuit. Rather than fighting a civil rights lawsuit, the insurance company will usually settle for 30k, 40k, 50k,,, depending on the situation.
Battle lines are being drawn, not in the streets, but in the courts.
Gun owners have two supreme court rulings that uphold our right to keep and bear arms.
Civil rights activist have won federal court rulings where people can record the police during the course of their duties. This should be a no brainer. The only people who oppose recording the police, are well, the police. Who wants civil rights violations and unlawful arrest recorded and used in a civil rights lawsuit? The only reason why police oppose their actions being recorded is to protect their unlawful actions.
With those rulings in-hand patriots throughout the nation refuse to lay down, roll over, and play dead for local law enforcement. Just as Rosa Parks sat in front of the bus and was arrested, gun rights activist are being arrested for exercising their right to bear arms. A sacrifice must be made for the greater good. Rather than allowing others to carry the flag, patriots are stepping forward to carry the civil rights and gun rights battle to the face of the local police departments and local government. Liability insurance companies are unwilling to fight this battle as they stand to lose a lot of money. Without liability insurance small local governments can not afford to fight lawsuits brought by deep pocketed civil rights and gun rights organizations.
When the police are afraid to arrested someone for exercising their rights, the battle will be partially won. The rest of the battle will be laws that strictly prohibit police from arresting someone for exercising their rights.
Using the Governments Tactics Against Them
What happens when you get a speeding ticket? First you have to pay a fine for the ticket, then your insurance company sends you a letter that you are high risk and your rates are going up. A persons behavior is curbed through financial penalties.
The same principle can work on small city and county governments. The local police and local government must be punished for the crimes they commit against the people.
Citizens have rights, governments have laws.
When a citizen breaks a law that person usually has to pay a fine and/or go to jail.
When the governments violate our civil rights, shouldn’t the government have to pay a fine? What allows the government to repeat its oppression of our civil rights? Not enough people are suing local governments for civil rights violations. When someone has their charges dropped, or found not guilty, that person usually walks away just glad to have his or her freedom back. Walking away is not enough. We as citizens must do more to punish local governments for violating our civil rights.
Elected officials and civil servants must be held accountable for civil rights violations. When the police violate someones civil rights they are breaking the law. They are breaking the law under the shield of law. Which means the system is corrupt. Corruption must be punished. Just as weeds are pulled from a garden, so must corruption be removed from local government. Nothing good can come from a garden taken over by weeds, nothing good can come from a corrupt government.
Just as someone drives better after paying a few tickets and having their insurance cancelled, local police will fear unlawful arrest over the ensuing civil rights case, and having their liability insurance cancelled.
Gun Owners Have Had Enough
We are tired of people like Dianne Feinstein trying to take our rights away; we are tired of people like Obama using dead children as props to push gun control; we are tired of states like Connecticut forcing people to register their guns; we are tired of states like Colorado banning magazines.
Enough is enough. the time has come to push back.
To bring about real social change, hit the local governments where it hurts, and that is in the pocket book.