Apparently Carrying a "Non-Gun" In Texas WILL Get You Arrested!!

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Ironic perhaps, John, you posted that on the anniversary date of the Luby massacre.
Interesting--it was the day after his birthday. Guess he didn't have a good birthday...
Despite the local SA regs, local law enforcemement did not intervene at the rally.

I'm happy to hear that and also disappointed.

Happy because it probably means that SA knows their city ordinance won't survive a challenge, disappointed because by not enforcing the ordinance at the rally, they successfully prevented it from being challenged in a context where it would almost certainly be struck down.
 
You do realize that cops can get in quite a bit of trouble for arresting someone who hasn't committed a crime?

Should a cop take classes and/or be expected to be knowledgeable? Only if he's going to ARREST someone for what he thinks is going on. If not, he shouldn't arrest. Or he should seek more information from his superiors.

There is something ghastly wrong with a society that will accept a "lock 'em up and sort it out later" mentality from its public servants.

I can't speak for your state, but here in Indiana the officer detains the person with a "custodial arrest" and files a Probable Cause Affidavit, then the County Prosecutor decides on filing the charge or not. People are frequently released either for a lack of evidence or a lack of spine on the Prosecutors behalf, usually not ending in litigation. It's a shame these pseudo activists believe their arrest is the only way to affect change in state law.

As to your second comment about Officers taking classes or being knowledgeable, to what extent do they need to trained? Must they know the difference between a legal 1898 firearm compared to one made 2 years later which is illegal? Must they be able to distinguish a 101 decibel noise level from one acceptable at 95 decibels? How about window tinting percentages, must they able to recognize an illegal 34% verses a legal 33%? The Supreme Court has offered numerous judicial opinions on these matters and have concluded that the Officer in most situations does not need to be an expert to make an arrest. The long and short of this scenario was that a group of activists wanted attention, and that's exactly what they got.
LD
 
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Open Carry Texas guys at it again

Two protesters got arrested by the DPS again at the capital in Austin
yesterday for open carrying c&b revolvers. This time they were
reportedly arrested for trespass at the capital, as opposed to a different charge last month. It is not very clear what the result of the last court hearing was from the capital arrests last month.

This group does have the support if some state officials, re: their rally at the Alamo
a couple of weeks ago.
 
Odd thing is the DPS officers arrested some other guys for the same thing at the same location a few weeks prior. The D.A. dropped the charges but the BP pistols were not returned (yet).
 
@sf46

Re-enactors don't carry on the way to events, if they did they might have to answer some questions. Once at the event they are on private property where there is not a problem.

I wore my Dragoon once when on the bike heading to an outdoor range in Livingston. When I got there the owner asked if I'd had that hog leg on my hip going down the road, I answered in the affirmative. This is when he politely informed this Wyoming boy about the open carry laws in Texas and that I was courting an interview with at the least a constable. On the other hand the 1911 fully loaded in my shoulder holster was perfectly fine.
Sorry I have carried my BP Pistol and Bowie in Butternutt Uniform and I questioned one time. The sarge got up told the rookie to set back down and eat , told me sorry an and asked where I was renacting at.
As for this case IMO the Police should have exercise their power to check it out and just walk away. This is a case made cause the Law wanted to push their power to arrest anybody for anything. I hope the Police pay for this.
 
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As I recall the open carry supporters with the cb revolvers this latest incident were asked to leave the state capital grounds by the dps leos and refused, thus the arrest and charge of criminal trespass. I believe the charges were dropped for the previous open carry protest.
The trespass charges will likely be dropped as well IMHO since the capital grounds are used for free speech activities and protests all the time.
 
Perhaps we could pursue an intelligent way to rally change of state laws, since we have decades of failure to look upon from the college crowd and their sit in protests. Nothing, I repeat nothing was changed by their activity, and the continual arrests of these men only harms our public opinion and perception.

LD
 
My state rep responded that hearings on the subject were planed and that "review of the officers conduct" is in progress by DPS. So, generally our reps are in favor of changing TX law to allow open carry. This might be something to further that movement.
 
My state rep responded that hearings on the subject were planed and that "review of the officers conduct" is in progress by DPS. So, generally our reps are in favor of changing TX law to allow open carry. This might be something to further that movement.
Any links??
 
"One thing I've noticed is that people often do this sort of thing to push the boundaries without really considering all the possible outcomes. Often they seem to be intentionally and determinedly oblivious (i.e. continue to pretend it can't happen even when advised otherwise) to the possibilty that the outcome could be a permanent restriction that didn't exist before. " agreed, however, unless the understanding is clear to all parties, you have an environment that is worse than a permanent restriction, allowing the law to be selectively enforced.
"A permanent restriction" may very well get enough press that the legislators would take action to change the law.
 
So, generally our reps are in favor of changing TX law to allow open carry.
I've talked with one TSRA employee and another person who does works closely with TSRA and they both indicate that there isn't much support from the membership to push for open carry and that's why they haven't pursued it.

It would surprise me to find that there's more support in the legislature than there is amongst the TSRA membership.
"A permanent restriction" may very well get enough press that the legislators would take action to change the law.
It might, or it might not. It could rally enough support from the TSRA membership to mobilize TSRA support for the law, or it might not. Given the information I've gotten from the TSRA, I wouldn't bet on a positive outcome. From what I have gathered, there isn't much mainstream support for open carry in TX. And I'm talking mainstream gun owners, not mainstream general population.

The other bit of information I've gathered is that there is a significantly different perception of reality between the open carry supporters in TX and the rest of gun owners. The OC supporters seem to be solidly convinced that they have a lot of support from the gun community and are "doing god's work" while the more mainstream gunowners in TX tend to see them as fanatics and, in my experience, often voice the opinion that they are hurting the overall cause of gun rights.

That's why I'm not at all optimistic that pushing the issue right now would have a positive outcome.
 
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FWIW, if OC was legal in TX I wouldn't do it because I'd rather keep bad guys guessing. However, I DO want OC to be legal if I so choose. That stated, I still need to get my CHL.
 
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