"It was the fuck aroundest of times, it was the find outest of times."- 45dotACP
Without commenting on the outcome, the core issue that Garza raised seems to be "Foster was just open carrying". His actions were legal, and Perry's self-defense argument wasn't convincing to a jury. Let's not go back to bigfoot-style grainy photos of the incident. Foster having the AK in his hands meets the legal criteria for "just open carry".
The irritated, smart-ass question I've asked before is: "in light of Texas OC laws, where is the line drawn between someone simply open carrying and an active shooter?" Haven't gotten a good answer to that, yet. Well, I mean, based on the outcome of the trial I guess the irritated, smart-ass answer is: "after they fire the first shot in your direction, you may demand an apology, if they don't apologize then and only then can you return fire. Or if you bleed to death because their first shot landed. At which point your estate may sue the shooter for your fair market value."
But I think it'd be beneficial to everyone to be able to answer that question more realistically. Especially in light of the fact that it's not just TX that has no requirement that the gun be slung or in general be handled in a way everyone here would agree is non-threatening. Where is the line?
Horseshit. As bad as Garza is, he isn't unique. Shitty DAs that want to railroad someone based on not liking their face exist everywhere. This is another arrow in their quiver. Tribal affiliation and the whims of the DA will determine who was "just carrying" and who was an imminent danger since it the law as written doesn't bother spelling it out. May the odds be ever in your favor.
You’re not the first to ask that question nor is it the first time it’s come up in real life:"in light of Texas OC laws, where is the line drawn between someone simply open carrying and an active shooter?"
Potential mass shooter or 'gun-loving Texan'? Gun laws complicate Galleria incident
https://www.houstonchronicle.com/new...I-17306567.php
OC was outlawed as part of NY’s dangerous weapons laws. Like shall issue carry of firearms, was not proactively legalized but rather legalized via a court decision against the wishes of the powers that be in NY. As such they have done what ever they can to discourage carry of both OC and firearms.
When I wanted to replace some old OC here in WNY, I had to fill out paper work at the LGS. You can only buy OC at guns stores or pharmacies (none that I know of carry it). The selection is limited and you can only buy two at a time. Do women frequent LGS, interesting question on how they get OC.
About OC of long arms vs. handguns. Not being a legal expert, is it illegal to walk around with a handgun in your mitts in most states but it's ok to walk around with your hand on the pistol grip of a long arm? Makes no sense to me.
Perry's case seems one that reasonable doubt should have operated. Were his statements the factor that negated that? No jury interviews yet.
I just disagree with long arm carry in public - be it for SD or political purposes. Just to get that out there.
Cloud Yeller of the Boomer Age
A bit more detail from a Texas paper.
https://www.texastribune.org/2023/05...tin-protestor/