Near riot in Tex-ass at Open Carry demonstration

The two arrested were allegedly only carrying antique black powder revolvers. The crowd turns on the police in a non-violent, but verbal dress-down of epic proportions.

Under Texas law, a gun manufactured before 1899 is not even considered a “firearm,” therefore not subject to open carry laws:

(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. (Source – from another illegal arrest)

Thanks to Ken for the link.


Good looking hats, though.

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3 Responses to Near riot in Tex-ass at Open Carry demonstration

  1. ruralcounsel says:

    Well, the LEO’s can’t say they weren’t aware of the law … the bystanders certainly told them what it was. I see a civil rights/false arrest lawsuit in their future. Without limited immunity because they had actual knowledge of the illegality of their arrest.

    Law enforcement needs a great deal more and better training on the legal boundaries on their authority and the constitutional limitations. Notice how they all herded up together … none of them had the integrity to tell the others that they were acting unlawfully and should back off. Far too many LEO’s have a herd mentality that prevents them from critical thinking or self-policing. Which is why the public should never allow a police force to self-investigate itself.

  2. Xeno says:

    would love to see the follow up on this!

  3. BillDave says:

    This finally got some coverage in local (Fox Austin) news with them actually giving a fair report. They had a legal expert explain the law and the reporter questioned if DPS crossed the line.

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