8.30.2012

Flashback From Last Week's Law Lesson


More.

Remember last week's video of the wise guy kid trying to bait the cop into arresting him for doing something not illegal -- carrying an AK-47? Well, Dallas cops might need a lesson (if the story is correct.)

But they are probably in the clear here . They certainly could have arrested him for Disorderly Conduct for waving the gun around in downtown Dallas. That's more than just carrying it. And the search after that arrest is legal so the dope charge will also stick.  But there is no separate crime of  "Displaying a Firearm". There is one for "Unlawfully Carrying A Firearm" but that doesn't apply here. That guy could have strolled down downtown with that weapon if he'd just done so calmly.

11 comments:

Anonymous said...

Is that the new age cone head?

Anonymous said...

Me shoot you long time.

Anonymous said...

Cue new John Carona sponsored legislation in 3, 2, 1....

Anonymous said...

Legal question for you legal types:

Does the fact he (allegedly) was found carrying a controlled substance allow the DA to upgrade the gun charge?

Enquiring minds want to know.

Anonymous said...

What good is having an assualt rifle if you can't wave it around in a menacing manner?

Anonymous said...

Is that a dunce hat he's wearing?

Anonymous said...

I allegedly hate Lawyers...

el gran poste said...

In "The Art of War", Sun Tsu said something like: Appear weak where you are strong and strong where you are weak. It fits here.

el gran poste said...

In "The Art of War" Sun Tsu said something like: "Appear weak where you are strong and strong where you are weak." It fits here.

I don't think this dude is a poet-philosopher-warrior however.

Anonymous said...

"But there is no separate crime of "Displaying a Firearm"."

How about this one?? Penal Code...

Disorderly Conduct - Display of Firearm. 42.01 (a)(8): displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.

Barry Green said...

That's not a separate crime than Disorderly Conduct. That's how Disorderly Conduct is committed.