Yes, but there is a huge difference between an investigation and a consensual encounter. Unless we are missing additional facts, this would not be an investigation, but rather a voluntary consensual encounter.
Not really. If you are stopped for any reason, the cop has the right to take control of the scene while figuring out what is going on. And in many cases, that means taking guns away from people while they ask questions and see what is happening. I was told to expect every traffic stop to include turning my gun over to the cop for the duration of the traffic stop. They do not need to arrest you first.
Not a lawyer, but that is what I was taught in Arizona, which is a pretty gun friendly state.
If a call comes in involving a man with a gun and officer dispatched to investigate. He arrives and theres a man with an AR slung in the low ready position, is he crazy is he a felon or just some idiot trying to prove a point? He confronts the man and attemps to disarm before continuing which is his right if he felt threatened. It was at this point addmited to by the soldier himself on a monday talk show that grabbed the rifle from the officer. The officer pulls his weapon and holds him there until another unit arrives.
Now is walking down the road with a rifle illegal in TX NO but Texas Penal Code 42.01(8) could come into play.
One could argue Texas Penal Code 42.01(8)
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
Carrying slung at the low ready could be argued that is a manner calculated to alarm. As it is a ready state, it is certainly more alarming than a rifle that is slung over the shoulder.
I think if he would have been more cooperative, this would have had a different outcome and he wouldn’t have ended up in cuffs. Now he may beat the rap, but he didn’t beat the ride and it is going to end up costing him to fight this.