Posted on 10/27/2013 8:26:54 PM PDT by smokingfrog
There is anger and frustration tonight as Department of Public Safety officers arrest two members of Open Carry Texas at the capitol.
OCT member Amanda Andeen says, "Two of our party members were carrying two pre 1899 black powder replica revolvers, they were holstered the whole time, they were never drawn or displayed rudely by any means." Andeen's boyfriend is one of the men arrested. The group had been attending a Let's Roll America protest at the capitol.
DPS spokesperson Tom Vinger said, "The men were openly carrying suspected deadly weapons and were given the opportunity to leave the area, but refused." But a spokesperson for open carry Texas told us the pistols the men carried were black powder replicas of pre-1899 revolvers and therefore exempt as a firearm.
(Excerpt) Read more at keyetv.com ...
there hasn’t been an epidemic of crimes with cap-and-ball revolvers, has there?
Ping.
The purpose of the arrests are simple.
DO NOT RESIST OUR AUTHORITY.
What is or is not illegal is irrelevant to
those in power and their badgemonkey
thug muscle.
What matters is their authority is accepted
without question.
But this is Austin. A blue malodorous island of liberalism.
Pinging you, marcella. Pretty bad when even Texas LEOs are drinking the koolade.
They were arrested for criminal trespass, not for illegal display of firearms. Go figure.
If they were guilty of trespassing then why only arrest those two? While I could be wrong, one of these days the crowd may turn on the cops as it seems to be coming to a head.
We do not have total open carry in Texas. One may not carry handguns open carry. One MAY carry rifles open as they are hunting weapons.
This open carry group is going all over Texas to get arrested to push total open carry. The cops would not have known these open carry handguns were replicas which is what the open carry group wanted - get the guys arrested, then cops would look bad when the guns were replicas.
I have an air gun handgun made to look like the real thing - I would not carry that in the open or I would get arrested until it could be proved it was not a real handgun or, if I didn't hand it over, I would likely be shot.
If you go about open carrying a weapon that looks like the real thing, expect to get arrested.
Cops react when it appears to be a real gun - if I were one of them, I would, too. The open carry group will keep doing this and keep getting arrested, then they will yell and scream. I am not on their side for doing this.
They got off easy. In CA they shoot you for carrying a plastic gun. Phttp://www.freerepublic.com/focus/f-news/3084365/posts
The capitol grounds are public property, so I don’t see the logic of charging them with trespassing, let alone criminal trespass.
You must like the taste of boot leather. I don’t, though.
I understand the point they’re trying to make, of course, but it worries me that these kind of tactics can backfire on responsible gun owners.
I thought Texas was open carry. My mistake.
I have no problem with a cop seeing the holstered pistol and checking because he thought it was a violation on his presence. BUT, in accordance with clear Texas law, the minute he saw it was black powder, he should have thanked them for cooperating and politely returned their revolvers.
Cap and ball is legal in Texas.
(of course, I support the full legalization of open carry on Texas. And NOT just the pussified version being recently offered which requires a level II security holster as a sop to the cops lobby.
The charge is just a detail.....what matters is the arrest...the physical display
of what happens to ANYONE who opposes the power structure.
The charge is just a detail.....what matters is the arrest...the physical display
of what happens to ANYONE who opposes the power structure.
Texas Law.
Sec. 46.01. DEFINITIONS. In this chapter:
(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:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
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;
Black Power Antiques are not considered to be Weapons or Firearms
20 years from now Texas will look like CA. Austin is the cancer inside the texan body. It will eventually kill the host.
“You must like the taste of boot leather. I don’t, though.”
I don’t know what you mean by that.
A cop can’t tell immediately if a gun is real if a man is approaching him with what appears to be a real weapon in a holster which is illegal to carry open carry in Texas. If the cop doesn’t respond as though it is a real weapon, the cop could end up dead. I do not blame the cop for arresting the man until it was sorted out and I don’t know if the man resisted arrest or what actually happened but the man with the fake gun in the holster was asking to be arrested.
If this open carry group wants a law to approve open carry, do what the rest of us have to do - write the law and give it to a state senator in favor of that, to introduce the bill to the legislature. If you live in Texas, every time you vote, your vote goes to your courthouse to central counting on election night to be counted. Your vote is counted by the people working in central counting and they are chosen according to a law my husband wrote and State Senator Nichols introduced the bill and it passed both houses without a dissenting vote. Every county has to follow the law he wrote and he didn’t run around Texas getting arrested at every courthouse.
Running around the state with fake guns in order to get arrested is totally stupid and this is not their first time to do this.
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