Open Carry Activists Falsely Arrested 10/26/13

[Gman]

Wasn't a firearm and open carry of long guns is legal, just sayin.

[DavieD55]

I didn't watch the vid since I saw it on another site a few days ago. Open carry is legal in Texas as long as the pistol was manufactured before a certain date like 1878 or something which the pistols they were carrying were supposedly of that era.

I beleive that particular open carry movement was brought about because of an Army Master Sergeant CJ Grisham who was alleged to have been falsely arrested for carrying an Ar 15 while hunting in Texas.

[asmo]

I love all the idiots standing around screaming and yelling the epithets at the cops -- but not doing a damn thing about it. If they *really* felt that strongly maybe they should have done something to stop the situation.

Like most.. Whole lotta bark, very little bite. They know this - that is why "we" are in the position "we" are.

[BPTactical]

Their point was they were not carrying firearms at all by the definition of a firearm or a handgun. I don't know what they had but heard someone say 1890ish replica by definition is not a firearm.
I guess you could carry around a near complete ar without a lower receiver and you wouldn't be carrying a firearm.

And all we need is some lefty douchebag organization complaining about "replica" and "antique" iron swinging in the open and the feds will classify them as firearms.
Open carry has its place.
It also has its price.

Choose wisely.

[Kmanbay]

Here is a link to the Texas Penal Statutes regarding firearms and weapon.


http://www.statutes.legis.state.tx.u.../htm/PE.46.htm

[Gman]

(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.

[mtnhack]

I love all the idiots standing around screaming and yelling the epithets at the cops -- but not doing a damn thing about it. If they *really* felt that strongly maybe they should have done something to stop the situation.

Like most.. Whole lotta bark, very little bite. They know this - that is why "we" are in the position "we" are.

What exactly should they have done?

[losttrail]

What exactly should they have done?

How about every one of them sitting down and getting arrested? Non-violent, non-threatening civil disobedience.

[brokenscout]

They could have done a lot more, but cameras were good in this case. Minus a shoot out, what else could they have done?

I love all the idiots standing around screaming and yelling the epithets at the cops -- but not doing a damn thing about it. If they *really* felt that strongly maybe they should have done something to stop the situation.

Like most.. Whole lotta bark, very little bite. They know this - that is why "we" are in the position "we" are.

[asmo]

What exactly should they have done?

They had a whole TON of other options. Standing around screaming doesn't do anything execept making oneself look like an idiot.

One of the more interesting options would have been to perform a citizens arrest of the officers.

Texas Code of Criminal Procedure
Art. 14.01. [212] [259] [247] OFFENSE WITHIN VIEW.
(a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

Deprivation of rights under color of law is a felony punishible by up to 10 years in jail.

18 USC § 242 - Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

The ACLU would be doing backflips trying to figure out who to support...

Again that would have been an interesting option. Others:

• Everyone to peacibly protest by sitting down and shutting up.
• Making a human barricade.
• Calling the FBI and reporting a dep. of rights violation.
• Having the media there.
• Having your attorney present (or even better a judge).
• Asking for a superior officer to be present (I know they dont have to comply but it gives options)
• etc.
• etc.
• etc.