Published on Nov 24, 2013
Here is Sgt. Brian Deiniger of the Dallas PD. He has a very poor grasp on the law.
Texas penal code 42.01 a(8) states:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm
Definition of "calculated" in Blacks Law Dictionary:
Carefully planned or intended
So, just having someone alarmed by a display doesn't have any relevance on whether or not the offending individual did it in a calculated, carefully planned and intended way.
In Texas we have the right to open carry a rifle.
If we have that right, I wonder how Mr Deiniger thinks it could be exercised without being guilty of Disorderly Conduct? I promise he doesnt have a good answer for that. He is wrong in his interpretation.
Definition of "breach of the peace" in Blacks Law Dictionary:
The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding.
Richard did not act in a riotous, forcible, or unlawful manner.
Obviously not guilty of Disturbing The Peace.
Dallas Police Department (214) 670-5840