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Gunfight at the Twin Peaks [Staff Warning on page 47]

328,891 Views | 1928 Replies | Last: 2 yr ago by rather be fishing
SteveBott
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AG
Here is the AP story for reference

http://bigstory.ap.org/article/6e28f92baa504b2393cabb66d2090ddd/wife-biker-inmate-some-arrested-texas-are-innocent
8T2
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Soup, that timeline quoted in the news article is not a police report per se. Those are call notes, which are typed by the dispatcher and appear on mobile data terminals, or a transcript of radio chatter. As such, much of it is unreliable, as officers may be guessing at things as much as observing them.
Guitarsoup
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AG
Gotcha, 8T2. I guess we have to wait for the full text of the actual document to be released.

In other news:
Official complaint filed against the JP.

quote:
The complaint alleges that Peterson, a former DPS trooper with little or no formal legal training, violated various cannons of judicial ethics when he set $1,000,000 bonds for 170 or more individuals without any individual consideration for the facts of the individual cases. The complaint goes on to state that Peterson set these bonds in mass, group hearings without considering the rules for fixing bonds under Tex. Code Criminal Procedure Art. 17.15. Moreover, the complaint points out that it is completely inappropriate under Texas law to set bonds "to send a message." Finally, the complaint points out that Peterson inappropriately refused to set the probable cause hearing in these cases until August 6, 2015- almost three months after the arrests- only after consulting with the McLennan County District Attorney's Office.
quote:
It is our belief that law enforcement chose Peterson to set the bonds in this case because of his lack of legal training and his willingness to ignore the requirements that each case be given individual consideration," said Broden.


8T2
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That last quote happens ALL THE TIME with cops who have their favorite JP groupie who will sign any warrant the cop puts in front of them. Many big city DA offices now warn the detectives not to go to rubber stamp JPs, because the warrants are often defective and subject to attack. Personally, I believe the population has grown to the point that we have sufficient judges to do away with JPs signing warrants.
itsyourboypookie
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Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.
itsyourboypookie
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And he said several dumbasses were videoing it.

Whatever that means.
Guitarsoup
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AG
quote:
That last quote happens ALL THE TIME with cops who have their favorite JP groupie who will sign any warrant the cop puts in front of them. Many big city DA offices now warn the detectives not to go to rubber stamp JPs, because the warrants are often defective and subject to attack. Personally, I believe the population has grown to the point that we have sufficient judges to do away with JPs signing warrants.
It's not like there are a shortage of lawyers in need of jobs.
SteveBott
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AG
It is legal to carry a weapon in your vehicle without a CHL. Castle Doctine.
Guitarsoup
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AG
quote:
Can't everyone who isn't a felon carry a gun in their car?
Pretty much. I think you are supposed to cross county lines or be going to a shooting range, but yeah. I can't leave my neighborhood without crossing county lines.
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Guitarsoup
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AG
quote:
If you are involved in "gang activity" it is illegal to carry in your vehicle.
Then how can you do a drive by?
agsalaska
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AG
quote:
quote:
Can't everyone who isn't a felon carry a gun in their car?
Pretty much. I think you are supposed to cross county lines or be going to a shooting range, but yeah. I can't leave my neighborhood without crossing county lines.


Not anymore. Anyone who can legally own a gun can carry it concealed in their car. No CHL or crossing county lines require.
BoerneGator
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AG
quote:
quote:
Can't everyone who isn't a felon carry a gun in their car?
Pretty much. I think you are supposed to cross county lines or be going to a shooting range, but yeah. I can't leave my neighborhood without crossing county lines.
Last I knew, the statute required you to be "traveling", and crossing county lines was a qualifier, but I believe even that has been relaxed, and no longer a minimum requirement.
Player To Be Named Later
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AG
There is no longer any form of "traveling" requirement.
agsalaska
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AG
quote:
quote:
quote:
Can't everyone who isn't a felon carry a gun in their car?
Pretty much. I think you are supposed to cross county lines or be going to a shooting range, but yeah. I can't leave my neighborhood without crossing county lines.
Last I knew, the statute required you to be "traveling", and crossing county lines was a qualifier, but I believe even that has been relaxed, and no longer a minimum requirement.


The castle doctrine was extended to your vehicle several years ago. I want to say it was 05 because I was living in Houston when it happened.

But, to an earlier point, ypu cannot be involved in criminal or gang activity.

But any legal gun owner can legally conceal a gun with no issues in their car.
BoerneGator
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AG
Gotcha. Thanks for clarifying. Hadn't seen your post before I posted.
8T2
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quote:
It is legal to carry a weapon in your vehicle without a CHL. Castle Doctine.
Not to pick nits, but Section 46.02(a)(2) of the Texas Penal Code is the authority for carrying in your vehicle.

quote:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or(C) a member of a criminal street gang, as defined by Section 71.01.
techno-ag
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AG
quote:
quote:
It is legal to carry a weapon in your vehicle without a CHL. Castle Doctine.
Not to pick nits, but Section 46.02(a)(2) of the Texas Penal Code is the authority for carrying in your vehicle.

quote:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or(C) a member of a criminal street gang, as defined by Section 71.01.

Basically, all the above says, you can legally carry a gun in your car without a CHL.

If you commit a crime while carrying the gun (apart from traffic tickets for example), chances are the LEOs will add on an illegal weapons charge.

If you're John Q. Public, with a handgun in your glovebox, you're legal.
maverick2076
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quote:
Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.

CHL doesn't limit how many guns you can carry. I know several who carry two guns all the time.
8T2
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quote:
quote:
quote:
It is legal to carry a weapon in your vehicle without a CHL. Castle Doctine.
Not to pick nits, but Section 46.02(a)(2) of the Texas Penal Code is the authority for carrying in your vehicle.

quote:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or(C) a member of a criminal street gang, as defined by Section 71.01.

Basically, all the above says, you can legally carry a gun in your car without a CHL.

If you commit a crime while carrying the gun (apart from traffic tickets for example), chances are the LEOs will add on an illegal weapons charge.

If you're John Q. Public, with a handgun in your glovebox, you're legal.
Correct. If you get stopped for a DWI, you will have two charges instead of one. The UCW charge will likely get tossed as part of the plea bargain. Also, class C offenses, such as Public Intoxication or Disorderly Conduct (but not traffic offenses) will get you a UCW charge.
8T2
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quote:
quote:
Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.

CHL doesn't limit how many guns you can carry. I know several who carry two guns all the time.
Plus, 115 of 170 riders had no criminal history at all, so there were not that many who could not carry. This is one of those assumptions police sometimes make that may have no basis in fact. Especially considering that this was a routine meeting for most attendees.
Guitarsoup
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AG
quote:
quote:
quote:
Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.

CHL doesn't limit how many guns you can carry. I know several who carry two guns all the time.
Plus, 115 of 170 riders had no criminal history at all, so there were not that many who could not carry. This is one of those assumptions police sometimes make that may have no basis in fact. Especially considering that this was a routine meeting for most attendees.
The vast majority of the few that had a criminal record only had convictions for possession of 2oz or less of marijuana or DUI, so they probably could have still carried.
aggielostinETX
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AG
quote:
quote:
quote:
Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.

CHL doesn't limit how many guns you can carry. I know several who carry two guns all the time.
Plus, 115 of 170 riders had no criminal history at all, so there were not that many who could not carry. This is one of those assumptions police sometimes make that may have no basis in fact. Especially considering that this was a routine meeting for most attendees.


Any of them that were bandidos or Cossacks could not possess a gun without a CHL due to the gang clause.
8T2
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quote:
quote:
quote:
quote:
Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.

CHL doesn't limit how many guns you can carry. I know several who carry two guns all the time.
Plus, 115 of 170 riders had no criminal history at all, so there were not that many who could not carry. This is one of those assumptions police sometimes make that may have no basis in fact. Especially considering that this was a routine meeting for most attendees.
The vast majority of the few that had a criminal record only had convictions for possession of 2oz or less of marijuana or DUI, so they probably could have still carried.
I guessed there were more misdemeanors than felonies, but have not seen those numbers. Lots of POMs makes sense.
45-70Ag
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AG
Standard Waco pd tattoo? Lol

I live in the area and wpd doesn't kill enough people to have something known as this. Lol
aggielostinETX
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AG
quote:
Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.


Interesting. When was the last time Waco PD shot someone? When are all these videos gonna get posted?
TexasRebel
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AG
Branch Davidians.
Guitarsoup
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AG
quote:
quote:
quote:
quote:
Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.

CHL doesn't limit how many guns you can carry. I know several who carry two guns all the time.
Plus, 115 of 170 riders had no criminal history at all, so there were not that many who could not carry. This is one of those assumptions police sometimes make that may have no basis in fact. Especially considering that this was a routine meeting for most attendees.


Any of them that were bandidos or Cossacks could not possess a gun without a CHL due to the gang clause.
The gang clause is VERY grey.

quote:
who continuously or regularly associate in the commission of criminal activities.
The Cossacks may have some wiggle room, but with the Justice Department calling the Bandidos an OMG, they probably don't.
Guitarsoup
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AG
quote:
Branch Davidians.
Thought it was ATF that shot them, not WPD.
TexasRebel
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AG
That's what they want you to think, man.
Guitarsoup
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8T2
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quote:
quote:
quote:
quote:
quote:
Two solid quotes: Several of the bikers left with the standard Waco pd tattoo, two to the chest and one to the head. He knows for a fact four were killed by police. Lots of people in jail had their chl but had multiple weapons with them leading them to believe they were holding them for people who couldn't legally carry.

Can't everyone who isn't a felon carry a gun in their car? I know I've never been in trouble for it and I don't have a chl.

CHL doesn't limit how many guns you can carry. I know several who carry two guns all the time.
Plus, 115 of 170 riders had no criminal history at all, so there were not that many who could not carry. This is one of those assumptions police sometimes make that may have no basis in fact. Especially considering that this was a routine meeting for most attendees.


Any of them that were bandidos or Cossacks could not possess a gun without a CHL due to the gang clause.
The gang clause is VERY grey.

quote:
who continuously or regularly associate in the commission of criminal activities.
The Cossacks may have some wiggle room, but with the Justice Department calling the Bandidos an OMG, they probably don't.
They have more wiggle room than you might think. The DOJ does not list them as a criminal enterprise.

http://www.latimes.com/nation/nationnow/la-why-the-feds-are-worried-about-these-biker-gangs-20150518-htmlstory.html
BoerneGator
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AG
NM
aggielostinETX
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AG
quote:
Branch Davidians.


FBI gets that one
Player To Be Named Later
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AG
quote:
Standard Waco pd tattoo? Lol

I live in the area and wpd doesn't kill enough people to have something known as this. Lol


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