Posted on 09/17/2013 4:07:15 PM PDT by RKBA Democrat
AUSTIN (KXAN) - Some of the customers at the Congress Avenue Starbucks store stood out a little more than others on Friday.
“We are exercising our rights before we lose our rights,” said Justin Delosh. He was sitting at a patio table with a cup of coffee and a loaded AR-15 by his side.
He was one of nearly a dozen people carrying rifles through the streets of downtown Austin.
The group Open Carry Texas says they bring the firearms with them, not to frighten or scare anyone, but to do the exact opposite.
“We are making people aware that law-abiding citizens with firearms are no danger to anybody,” said Delosh.
According to Chapter 46 of the Texas Penal Code concerning weapons, a person is allowed to carry a rifle, but not a handgun unless it is a pre-1899 antique.
On Friday, Delosh’s AR-15 had fully loaded magazine, but he did not have a round in the chamber.
People passing by had varied reactions.
“It caught my attention,” said Morgan Burger, a tourist from Mississippi in town for the Texas-Ole Miss football game. “It is definitely raising awareness.”
Albert Mitchell admits to being a little scared as he walked by. “It was shocking,” he said.
Delosh and other members of OTC were willing to talk with anyone who inquired about their firearms.
“Nobody seems alarmed. People question us and we tell them about Open Carry Texas.”
Burger admits once she stopped to talk to members, she gained an appreciation for their effort.
“It is a little scary and it catches people off guard, but now that I know, I think it is great.”
Mitchell was not quite as accepting.
“You want to make a point, but it is too extreme to be out there with guns. Especially with all that is going on now days.”
Despite their right to carry the firearms, two members were arrested by DPS Troopers Friday morning near the capitol building including Pastor Terry Holcomb, a gun rights advocate who has received previous attention for demonstrations.
The arrests were for “disorderly conduct” which is defined, by law, as an action with a firearm “calculated to alarm.”
OTC says that was not the case and they plan on fighting the charges.
“We believe it was two illegal arrests today,’ said Delosh.
KXAN contacted Austin Police Department to find out how they respond to calls from concerned citizens who report an armed subject.
APD says many times it will depend on the nature of the call. A report of a person armed with a rifle will likely result in a police response, but the action may not be as urgent as a report of someone brandishing the weapon or making threats.
The location of the individual may also play a role in their response.
Open Carry Texas says they do not carry their weapons near federal buildings or school campuses.
It's a sad day when states like DE, WI, NH, VT, and ME have better gun carry laws than Texas.
I agree.
More coverage, including pictures of the arrests, in this article:
http://www.freerepublic.com/focus/f-news/3066928/posts
Ya, I <3 Texas, but Idaho beats their gun laws.
“calculated to alarm”
Sounds like the ordinance is so vague as to be unconstitutional.
I open carry my H&K 45 into Denny’s for breakfast. No one blinks an eye. That’s the way it should be.
BTW I live in Phoenix
We need open carry for hand guns.
I saw that. In a word, disgusting.
We haven’t had a case like that here in VA in a spell, but the going price for the police departments was about $5-$10K each.
I agree too—unfortunately, we have too darned many liberal law makers in Austin.
Y’all do need to get his fixed. I hate to say that Delaware, home of “bite me” biden, is much freer in this regard. But its the truth.
It's a sad day when states like DE, WI, NH, VT, and ME have better gun carry laws than Texas.
Amen, and add virtually all western states except the People's Republic of California.
Vote Tom Pauken for Governor of Texas and he will protect the 2nd Amendment rights of Texans. He’ll also keep gun grabbers such as Texas AG Greg Abbott away from the levers of power. Here’s the related link:
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