My friend held a burglar at gunpoint this morning, criminal crapped his pants!

[BjornF16]

Not sure of other places, but in Austin Texas, you are not allowed to discharge a weapon (and that includes pellet and BB Guns) within the city limits.. There are exceptions to which you can claim as a "defense against prosecution”, but that is at trial.. Discharge a firearm in Austin, regardless of the reason, and the LEO’s will take it.. You might get it back, but they are going to take it..

FLK...that is BS on Austin's part. Unsupported by the state judiciary.

You need to read State of Texas v. Roman Rodriguez (San Antonio). The link is below:

http://caselaw.findlaw.com/tx-court-of-c...62640.html

Basically, Mr. Rodriguez discharged his pistol within S.A. city limits, was charged with recklessly discharging firearm within city limits. The judge slammed the state prosecutor (emphasis mine):

"The State's information alleged that Mr. Rodriguez recklessly discharged a firearm inside the corporate city limits of a municipality with a population of 100,000 or more, namely San Antonio, “by pulling the trigger on a firearm which contained ammunition and was operable.”   Well, of course he did.   Everyone who discharges a firearm pulls the trigger, and every firearm that is discharged contains ammunition and is operable if it discharges.   The State has, in essence, pled a tautology:  The defendant recklessly discharged a firearm because he discharged a firearm."

"The State's allegation of recklessness in this case tells the defendant nothing more than that he fired a gun within the city limits of San Antonio.   But, as the defendant argues, this penal offense is not one of strict liability that criminalizes every act of discharging a firearm within city limits.   Under the State's pleading, however, any act of “pulling the trigger on a firearm which contained ammunition and was operable” within the city limits of a large city would be recklessness per se and subject to prosecution under Section 42.12(a).5  Thus, if a person shoots at a robber or rapist climbing into his bedroom window, he could be prosecuted under the State's pleading.6  If he shoots at a rattlesnake lying in the bushes beside his home, he is liable to be prosecuted under this information.   If-as the trial judge hypothesized-he goes to the municipal shooting range and “pulls the trigger on a firearm which contained ammunition and was operable,” he may be prosecuted for a Class A misdemeanor.   Surely that is not the law.   These are not necessarily reckless acts.   They may be entirely appropriate and lawful acts under the particular circumstances.   It is only when the defendant is reckless in the manner or circumstances under which he “pull[s] the trigger on a firearm which contained ammunition and was operable” that he is criminally liable."

The went to two appeals courts in Texas...both upheld the original dismissal.

[LRRPF52]

They don't describe a Crown Vic trunk as "12 dead hooker capacity" for nothing...

I'll take our cops over police in any 3rd-world country any day, but you really never know who you're dealing with, so it's best to avoid encounters with them as a general rule.

My FIL was a Sheriff in a small town for many years, so I'm not just pulling this out of my magic gluteal fold hat. He's told me enough to confirm that what I've experienced in other places transpired there as well. During his BLET class, which was the first one in the State of Utah that had been incorporated into the new Federal Standards program of LE Agencies overseen by the FBI (under our buddy, LBJ), the Feds came into their classroom and pulled at least one guy who had been placed there by organized criminal enterprises to gain employment as an officer, with a long-term plan for acting as a double, basically. How often has that happened, and how many were never caught, especially if it was happening in podunkville Utah of all places in the late 1960's?

[BjornF16]

I have no tolerance for LEOs who lie...while I've never been involved in a shooting, I have seen LEOs lie or purposely deceive the judge as to the "complete truth". Maybe my military background doesn't serve me well in this capacity, but I believe LEOs should all be honorable enough to not lie or make false "official" statements.

After being told I was less credible than the drunk business owner, I think I would have moved (if possible)...where you stationed there?

[LRRPF52]

I did move. I couldn't really drive anywhere after a while, and I'm not a drinker. I have friends and family that are LEO's that are truly great people, and part of their job is to deal with society's worst on a daily basis. It makes many of them jaded, guarded, and always looking at their fellow men as likely or possible suspects, as they lean towards not seeing people as harmless do-gooders going about their business. This helps them maintain a good personal protective posture, but I think it leads to a lot of stress as well.

I couldn't do it. I would have a long gun out at almost every traffic stop if there were more than one person in the vehicle that didn't look like a family of 3 or 4. I know cops who have quit, only to be strong-armed back to the force because their spouses were addicted to the gubm't teet and benefits. I know guys who are great investigators who have taken a lot of truly bad people off the streets, but feel disrespected by society at-large, and get into the Federal application process where they will get paid for what they feel they're worth, and put up with some of the most incompetent, criminal supervisors, since the pay/benefits/sick leave/agency funding is so awesome.

It's an interesting career field, to say the least.

[hrt4me]

Realize that in the case of my friend, his gun was taken by the police despite the fact that he did NOT fire it. He simply used it to hold the criminal until the police arrived.

that's just crazy

[txgunner00]

I did move. I couldn't really drive anywhere after a while, and I'm not a drinker. I have friends and family that are LEO's that are truly great people, and part of their job is to deal with society's worst on a daily basis. It makes many of them jaded, guarded, and always looking at their fellow men as likely or possible suspects, as they lean towards not seeing people as harmless do-gooders going about their business. This helps them maintain a good personal protective posture, but I think it leads to a lot of stress as well.

I couldn't do it. I would have a long gun out at almost every traffic stop if there were more than one person in the vehicle that didn't look like a family of 3 or 4. I know cops who have quit, only to be strong-armed back to the force because their spouses were addicted to the gubm't teet and benefits. I know guys who are great investigators who have taken a lot of truly bad people off the streets, but feel disrespected by society at-large, and get into the Federal application process where they will get paid for what they feel they're worth, and put up with some of the most incompetent, criminal supervisors, since the pay/benefits/sick leave/agency funding is so awesome.

It's an interesting career field, to say the least.

I have a friend that is in this exact situation. He hates his job, really the location he is stuck in (McAllen, Texas), but can't afford to get out. It even worse now that his 1 Y.O. daughter has developed some serious health issues. Hotel California...

[Northwind]

saw this today wasnt sure where to post it ....


Hope it works

[kelloggj]

Melensdad, Good one, keep up the good work!!!!!!!!!!

[GMinor]

You win for best thread title

[VASCAR2]

Yea this thread drew a lot of comments.