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handog wrote:The charge was unlawful carry of a hand gun by a lic. holder. According to the law the gun would have had to been exposed intentionally, knowingly or recklessly. Since that was not the case it was thrown out. The cop told me that I had taken the class and there was no excuse. Anyway the judge agreed with me, not him.

Not really; it must be "intentional" conduct and that's unique in Texas penal statutes. The intent was to prevent arrests and prosecution for unintentional failure to conceal.

Chas.

Sue for false arrest.

Charles - due to what happened and to the intent - are there any penalties for the arresting officer? Or is it best to address this with a suit for false arrest?

Charles L. Cotton wrote:

handog wrote:The charge was unlawful carry of a hand gun by a lic. holder. According to the law the gun would have had to been exposed intentionally, knowingly or recklessly. Since that was not the case it was thrown out. The cop told me that I had taken the class and there was no excuse. Anyway the judge agreed with me, not him.

Not really; it must be "intentional" conduct and that's unique in Texas penal statutes. The intent was to prevent arrests and prosecution for unintentional failure to conceal.

Chas.

handog, thank you for returning and posting details. So glad to hear all charges were dropped. Count me as one who'd like to see what you were wearing that day and know what count/LE office was involved. This is unacceptable for officers to put you through this when you didn't break any law.

austinrealtor wrote:handog, thank you for returning and posting details. So glad to hear all charges were dropped. Count me as one who'd like to see what you were wearing that day and know what count/LE office was involved. This is unacceptable for officers to put you through this when you didn't break any law.

I'm still working on getting my gun and holster back from the PD so it may be a couple of days till I can post pics.

handog wrote:

austinrealtor wrote:handog, thank you for returning and posting details. So glad to hear all charges were dropped. Count me as one who'd like to see what you were wearing that day and know what count/LE office was involved. This is unacceptable for officers to put you through this when you didn't break any law.

I'm still working on getting my gun and holster back from the PD so it may be a couple of days till I can post pics.

Wow, False arrest and now theft. You got a Lawyer yet?
What Police Department are you dealing with?

I'm reluctant to give the jurisdiction here because a false arrest and civil liberties lawsuit is being considered.

handog wrote:I'm reluctant to give the jurisdiction here because a false arrest and civil liberties lawsuit is being considered.

more than likely a good idea. The less said the better.

handog wrote:I'm reluctant to give the jurisdiction here because a false arrest and civil liberties lawsuit is being considered.

Stop considering it and file it!

You stated a Government Office. Was it a State of Texas Agency?

I know the Court buildings are off limits, but I assumed that State Agencies were as well. Do they required a 30.06, as well?

I'm a contractor, and would like to carry concealed, when I have to go out to these places late at night.

Can someone educate me?

TIA

Mando'a wrote:You stated a Government Office. Was it a State of Texas Agency?

I know the Court buildings are off limits, but I assumed that State Agencies were as well. Do they required a 30.06, as well?

I'm a contractor, and would like to carry concealed, when I have to go out to these places late at night.

Can someone educate me?

TIA

Government offices are not off limits unless they have a court, are holding a meeting and have posted a 30.06, or are the secured area of a police station (don't think I missed any.)

Keith B wrote:

Mando'a wrote:You stated a Government Office. Was it a State of Texas Agency?

I know the Court buildings are off limits, but I assumed that State Agencies were as well. Do they required a 30.06, as well?

I'm a contractor, and would like to carry concealed, when I have to go out to these places late at night.

Can someone educate me?

TIA

Government offices are not off limits unless they have a court, are holding a meeting and have posted a 30.06, or are the secured area of a police station (don't think I missed any.)

AWESOME!!

Thank you so much!

Keith B wrote:Government offices are not off limits unless they have a court, are holding a meeting and have posted a 30.06, or are the secured area of a police station (don't think I missed any.)

Even the secured area of the police station isn't statutorily off limits, it's just one area where they have the authority to disarm you. It's not required, but they have the authority to do so if they wish.

chabouk wrote:

Keith B wrote:Government offices are not off limits unless they have a court, are holding a meeting and have posted a 30.06, or are the secured area of a police station (don't think I missed any.)

Even the secured area of the police station isn't statutorily off limits, it's just one area where they have the authority to disarm you. It's not required, but they have the authority to do so if they wish.

I don't understand. What makes the "secure" area of a police station different? It's still government property, isn't it? Wouldn't there have to be a government meeting in progress and a 30.06 sign posted to make it off limits?

Congratulations. I am glad it worked out. I read your original post and cringed. It definitely makes me think about what I am doing in my daily carry. Any chance that someone you know has a bone to pick with you and called the police about you carrying? I know it sounds paranoid. The only only other thing I can think of is one of the security guards may have spotted you, gotten your license plate number and phoned you in. It is in excusable. Glad the DA has some sense.