(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
Unless someone corrects me, I neither find any definition at all for 'air rifle' under Texas Penal Code in regards to 'weapons' nor any other definition of any kind (it's a 'toy', insofar as TPC goes)...
As far as the charge of 'criminal mischief' goes:
Texas Penal Code - Section 28.03. Criminal Mischief"
If Texas Penal Code had it in there, he'd have been charged with 'being stupid'. As for SWAT's response goes, another FReeper pointed out 'it's their job'; I agree in this respect (ignoring the obvious 'police state' aspect), as they were reacting to the chicken-$hit alleged-DHS agent that called in the 'threat' in the first place (missing details, imho, on what exactly he reported...response says enough).
Maybe it's just me, but this idiot would have had the fear of God put into him long before SWAT got there, federal/LEO credentials or not.
Of the few sites carrying this story, this one has some very good commentary on the DHS idiot, but still ignores the troublesome little detail: this could have been bama's son, too. 'stupid is as stupid does'... I'm just noticing that NO 'MSM' sites have picked up this story, despite the 'gun angle' and even Yahoo's piece is 'softball. Ya know? I made a comment in another thread about the caliber of personnel coming into the services the past few years; my boy had quite a bit of negative experience with it while stationed in Germany in between tours (that thread was about photo of the moron airman/gal tonguing the POW/MIA logo); this really puts a spotlight on that 'caliber' (no pun intended)...but the 'race shadow' and the actions of the alleged-DHS agent seem destined to keep this story in the weeds... .02
I believe you have a BINGO. The diversity enlistee aspect of the story puts a flag up to the Obama Media Group to keep this on the back pages if it all now.