Legal Opinion

Lovett v. State

Court of Appeals of Texas

Decided June 15, 2017No. 02-16-00094-CR, NO. 02-16-00095-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION1

ELIZABETH KERR, JUSTICE

Citizens have a right to film the police. Texas citizens with a proper license also have a right to “open carry” firearms, though that right is not unlimited. Citizens may exercise both these rights simultaneously, although—as we will explain—circumstances can justify a police officer’s asking a lawfully armed citizen to put away a deadly weapon and expecting that request tó be honored.

This is true even when, as here, the weapon that Kenneth Wayne Lovett displayed is statutorily excluded from the definition of a “firearm”: in our view it is not reasonable to…

2Cases cited11 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Murray, Chad WilliamCourt of Criminal Appeals of Texas · 2015
  3. Montgomery, Jeri DawnCourt of Criminal Appeals of Texas · 2012
  4. Feiner v. New YorkSupreme Court of the United States · 1951
  5. Jenkins v. StateCourt of Criminal Appeals of Texas · 2016

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3Cited by7 opinions

  1. State v. RossCourt of Criminal Appeals of Texas · 2019
  2. Grisham v. ValencianoCourt of Appeals for the Fifth Circuit · 2024
  3. State v. Dai'Vonte E'Shaun Titus Ross, Texas Court of Appeals, 4th District (San Antonio)2017
  4. Davante Peters v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2021
  5. Lelani Russell v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2022

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