Any Texas lawyers ?

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airgunmike56

airgunmike56

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Aug 4, 2018
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Odessa,Texas, United States
Me talking to someone that may be LEO
I shoot rattlesnakes on the side of the road (back roads) , He says you can not shoot on the side of the road,, I say you can not discharge a firearm on the road,, I have a pellet gun!!
He says anything that shoots is illegal, I say you can not call a pellet gun a firearm it will not stand up in court, He say after 5 to 10 thousand dollars the judge will dismiss,, I say well wont cost me a thing I will not hire a lawyer .. He says you will have a long time in jail until your court date to dismiss ,,,
It was a losing battle all the way around telling him air guns are not firearms ,,
When he seen my Crickets,Hubens, Prophets,Mutants,and AGT's He raised his eyebrow,
He said daisy has come a long way, LOL.
 
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airgunmike56 said:
Me talking to someone that may be LEO
I shoot rattlesnakes on the side of the road (back roads) , He says you can not shoot on the side of the road,, I say you can not discharge a firearm on the road,, I have a pellet gun!!
He says anything that shoots is illegal, I say you can not call a pellet gun a firearm it will not stand up in court, He say after 5 to 10 thousand dollars the judge will dismiss,, I say well wont cost me a thing I will not hire a lawyer .. He says you will have a long time in jail until your court date to dismiss ,,,
It was a losing battle all the way around telling him air guns are not firearms ,,
When he seen my Crickets,Hubens, Prophets,Mutants,and AGT's He raised his eyebrow,
He said daisy has come a long way, LOL.
Click to expand...
ecode360.com

City of Odessa, TX: GENERAL PROVISIONS

Ch 8 Art 1 Acrobatic flying. Any intentional airplane maneuver or stunt not necessary to air navigation, or operation of aircraft in such manner as to endanger human life or safety by the performance of unusual or dangerous maneuvers. Aircraft. Any aeroplane,
ecode360.com ecode360.com

Check it out first before you get yourself in trouble.

I pest in the public throughout South Florida, but I still have to abide by statutes of limitations in every city.
 
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There is a federal law that prohibits calling an airgun a firearm but the wording of a law can be slick enough to get them past it. We live, in the US, in an almost totalitarian state. If not careful our constitution and the whole house of cards will come crashing down after this election. We can't say what will become of the use of airguns in the US a year from now. Don't get in trouble with the local constabulary, especially right now. Be Well Brothers, Bandito.
 
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Hello everyone,

Here is a "copy and paste" from the Texas Hunting Law.

It is unlawful to: hunt on public roads or the right-of-way of public roads; except for certain reptiles and amphibians.

A2: With the Reptile and Amphibian Stamp, and a valid hunting license, you can capture by nonlethal means indigenous reptiles and amphibians on the shoulder of a road or on the unpaved area of a public right-of-way.

NOTE: Note the word "hunt", it doesn't say "firearm".

Always read and know the Law in your State, ALWAYS.

ThomasT
 
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It has nothing to do with the type of weapon. You can't hunt from the road. Period.

I kill a lot of snakes. I don't use a weapon. They are mighty defenseless and a stick works just fine. Hit them anywhere and its over. They are all spine.

I've taken hundreds that way. Using a stick is no issue from the road. Discharging anything from the road is illegal. And for good reason.

The officer interprets the law. You dont. You can argue with him all day and it won't get you anywhere regardless of who is right. If you want to plead your case do it in front of a judge. That's the appropriate place to argue with an officer.

The officer is always right until a judge says he is wrong. If you are cited you can contest it in court or pay the fine. Or you can argue and risk being jailed for obstruction and resisting.

That's how our justice system has always worked.

Welcome to America!
 
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DesertSilver said:
I agree with bedrock Bob. I use a hoe to kill poisonous snakes. Just chop them in half and then chop off their head. I've killed 9 Mojave green rattlers that way and they're way more dangerous than the run of the mill rattler.
Click to expand...

Pinche Mojave greens.

Those snakes will come out from under a bush and crawl 10 yards to bite you. Even when your sitting on a rock minding your own business. They are one of the boldest and certainly most poisonous snakes around.

They are rough on dogs. I saw a coonhound get bit on the nose during a dove hunt. He took about 4 big jumps and died. That's potent stuff.

A western diamondback or prairie rattler bite will might cripple your hand or foot even if your hours away from a shot. A Mojave will kill you if you don't get antiventin quick. Your going to loose mobility in the closest joint regardless.

Mojave venom is so potent you dont even have to get bit. It will make you $h!t your pants if it just gets near you.
 
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You can’t shoot a bow from a public road and that’s a lot farther away from a firearm than a rule bending pellet gun. For as long as I can remember, airguns have green lit questionable behavior because we flew so low below the radar. Now with guys showing off all their cool stuff, the authorities are aware of them and their capabilities/popularity.

If I was in that situation with a LEO I would have had a two word response, yes sir, and been on my way. Definitely not arguing and showing off my sh#t.
 
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airgunmike56 said:
Me talking to someone that may be LEO
I shoot rattlesnakes on the side of the road (back roads) , He says you can not shoot on the side of the road,, I say you can not discharge a firearm on the road,, I have a pellet gun!!
He says anything that shoots is illegal, I say you can not call a pellet gun a firearm it will not stand up in court, He say after 5 to 10 thousand dollars the judge will dismiss,, I say well wont cost me a thing I will not hire a lawyer .. He says you will have a long time in jail until your court date to dismiss ,,,
It was a losing battle all the way around telling him air guns are not firearms ,,
When he seen my Crickets,Hubens, Prophets,Mutants,and AGT's He raised his eyebrow,
He said daisy has come a long way, LOL.
Click to expand...

It sounds like more of a discussion with a guy "that may be an LEO" rather than an actual encounter with an LEO.

You don't need a lawyer. You just need to make a call to Texas DPS and ask the question. Maybe invite a cop for coffee and discuss it with him. He will give you the scoop from his perspective.

The officers perspective is what counts when your standing on the side of the road shooting a rattlesnake with a storm trooperesque rifle.

Do you think they would just drive by and ignore you? Or debate the definition of "firearms" with you?

Expect to have to defend your actions to a cop for real sooner or later. Get yourself a strategy to deal with the situation before it happens.

Mine would not be resistance. That could only lead to a citation and a date with the judge. A smile, an acknowledgement of your behavior and assurance that it will not continue would be wise.

It will save the risk of a night in the cooler and all your $h!t being impounded because the cop got tired of debating with you too.
 
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In MO, it is illegal to shoot over a roadway or within 50 feet of any roadway. Firearms, airguns, bow, slingshot, etc doesn't matter. Anything that fires a projectile.

I got a discharging a firearm ticket once when I was early 20s. I shot a rabbit in my garden with my crosman BB gun, and my neighbor seen me do it. About 15 minutes later a cop showed up and asked me if I did it. I said yeah, and they proceeded to search me and my car in the driveway which I wasn't even in. Then they (3 cops at that point) went over what to charge me with. They came to discharging a firearm.

I got a lawyer and it got dropped for $100. They originally wanted to sentence me to a $300 fine and a 6 week anger management course. Friggin stupid, I wasn't rude or anything. How they got anger management is beyond me. Probably had to do with the female sergeant in charge lol.

That neighbor and I didn't get along before and certainly not after that. She never got another free tomato from me either. She died a few years ago, miserable and alone. Fitting if you ask me.
 
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Well our police have started trended to the low IQ side of the equation as far as I can tell. Most don't know the law, they are allowed to lie to you. They have qualified immunity even when they do screw up, intentional or not.

When the police find everyone a threat and cite officer safety for many mishandling of any interaction, well you are at risk.

Then comes my favorite saying they use. "You can beat the ticket, but you can't beat the ride."

Know the LAW first and foremost, follow the LAW always.

Smitty
 
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ThomasT said:
Hello everyone,

Here is a "copy and paste" from the Texas Hunting Law.

It is unlawful to: hunt on public roads or the right-of-way of public roads; except for certain reptiles and amphibians.

A2: With the Reptile and Amphibian Stamp, and a valid hunting license, you can capture by nonlethal means indigenous reptiles and amphibians on the shoulder of a road or on the unpaved area of a public right-of-way.

NOTE: Note the word "hunt", it doesn't say "firearm".

Always read and know the Law in your State, ALWAYS.

ThomasT
Click to expand...
You should have highlighted "nonlethal" also.
 
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I learned the hard way about obstruction and resisting.

You must follow an officers orders even if it is unreasonable or unlawful. If you don't they can take you to jail. Period.

I was shooting on vacant property I owned. An officer saw me and told me I was trespassing and to leave. I refused. I informed him I owned the property. I told him he was violating my rights as a property owner and to leave and come back with a warrant. He cuffed me and took me to jail for resisting and obstructing. Left my truck and my rifle in the desert. I was mad as hell.

I hired a good lawyer. He just laughed. Said there was nothing he could do about it. The cop was in the wrong about tresspassing. But he had the right to do what he did because i refused his request. I could have beaten a trespassing charge. But not resisting. I spent 18 hours in jail and $500 bucks for that legal lesson.

"A cop can tell you to jump off a cliff if he wants to. You don't have to jump. But if you don't he can take you to jail." His exact words.

Cops don't need to know the law. They interpret (or misinterpret) whatever they want. It is the judge that sorts it out. You are simply pissing in the wind arguing with an officer.

The cop has the authority right or wrong. And you have no authority right or wrong. No judge is going to put the cop on trial when it is your name on the court docket. If you feel your rights have been violated you can file a civil rights claim. But it won't keep you from going to jail for obstruction. And it won't change the initial charges if there are any.

Guys go to jail every day for arguing the law with a cop. It's just not a productive way to handle the situation.
 
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Bedrock Bob said:
Pinche Mojave greens.

Those snakes will come out from under a bush and crawl 10 yards to bite you. Even when your sitting on a rock minding your own business. They are one of the boldest and certainly most poisonous snakes around.

They are rough on dogs. I saw a coonhound get bit on the nose during a dove hunt. He took about 4 big jumps and died. That's potent stuff.

A western diamondback or prairie rattler bite will might cripple your hand or foot even if your hours away from a shot. A Mojave will kill you if you don't get antiventin quick. Your going to loose mobility in the closest joint regardless.

Mojave venom is so potent you dont even have to get bit. It will make you $h!t your pants if it just gets near you.
Click to expand...
Lost 2 dogs to Mojaves and between $10k and $15k in vet bills saving 2 more. I must be either crazy or stupid but they never scared me. I'd just grab a hoe and go after it.
 
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