Two arrested at Austin Capitol during open carry rally

[philip964]

http://www.chron.com/news/texas/article ... cmpid=hpts" onclick="window.open(this.href);return false;

Did not identify themselves. Given the opportunity to leave. Open carrying black powder pistols.

I am unfamiliar with the law regarding open carrying black powder pistols made before 1900.

Or for that matter for failing to identify yourself when asked by LEO.

[Right2Carry]

http://www.chron.com/news/texas/article ... cmpid=hpts

Did not identify themselves. Given the opportunity to leave. Open carrying black powder pistols.

I am unfamiliar with the law regarding open carrying black powder pistols made before 1900.

Or for that matter for failing to identify yourself when asked by LEO.

You would think those idiots would have learned by now that they are going to be arrested if they carry black powder pistols.

[tbrown]

You would think those idiots would have learned by now that they are going to be arrested if they carry black powder pistols.

I wonder if some of our grandparents said the same about Blacks who tried to vote.

[tomtexan]

http://www.chron.com/news/texas/article ... cmpid=hpts

Did not identify themselves. Given the opportunity to leave. Open carrying black powder pistols.

I am unfamiliar with the law regarding open carrying black powder pistols made before 1900.

Or for that matter for failing to identify yourself when asked by LEO.

You would think those idiots would have learned by now that they are going to be arrested if they carry black powder pistols.

I guess I don't understand the point they are trying to make with the black powder pistols.

[C-dub]

http://www.chron.com/news/texas/article ... cmpid=hpts

Did not identify themselves. Given the opportunity to leave. Open carrying black powder pistols.

I am unfamiliar with the law regarding open carrying black powder pistols made before 1900.

Or for that matter for failing to identify yourself when asked by LEO.

You would think those idiots would have learned by now that they are going to be arrested if they carry black powder pistols.

I guess I don't understand the point they are trying to make with the black powder pistols.

According to Texas law, they are not considered firearms if made before 1899.

[Oldgringo]

If they wanted attention, they got it.

[jrandyw]

My understanding is that these men were breaking no law. It seems they were arrested under authority law enforcement wish they had, rather than authority they actually have.

[Right2Carry]

You would think those idiots would have learned by now that they are going to be arrested if they carry black powder pistols.

I wonder if some of our grandparents said the same about Blacks who tried to vote.

Really you are going to go there with this type of comparrison? SMH

[Blindref757]

You would think those idiots would have learned by now that they are going to be arrested if they carry black powder pistols.

I wonder if some of our grandparents said the same about Blacks who tried to vote.

Really you are going to go there with this type of comparrison? SMH

Under the context of Civil Rights, what is the difference?

[Right2Carry]

My understanding is that these men were breaking no law. It seems they were arrested under authority law enforcement wish they had, rather than authority they actually have.

unless they are carrying documented proof that their black powder firearms were made before 1899 then I don't see how they are in the right. The officers can't be expected to make a determination on whether the firearms are genuine or fakes. The offenders will get their day in court to plead their case.

[longtooth]

Lets keep this one on topic & nothing personal or sarcastic.

[Abraham]

I have a black powder Navy .36 caliber cap and ball revolver, but it's a replica manufactured around 1975.

I don't of course, but if what they were carrying were also replicas...

[G.A. Heath]

Code: Select all

TPC 46.01(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.

Essentially a pre 1899 handgun, or a replica of one, is not considered a firearm by state law. With that said, I feel that the OC movement is taking the same "IN YOUR FACE!!!!!!!" tactics that caused California to loose it's useless form of unloaded OC. If they are not carefull they can set things back a ways while supposedly working to move things forward. In the next session look for a bill to strike the exemption as firearms for pre-1899 and replicas, I can almost guarantee that we will see one, if they make too much of a fuss with the Long Gun OC you can also expect to see a bill (maybe the same one) to regulate OC or even just all carry) of long guns as well. These guys see themselves as Modern Day Rosa Parks and have these events looking for something like this arrest to happen. To them it is a painful, but required, step in the process of getting a court decision to educate police across the state as to what the law is.

Unfortunately many bad precidents have been set by those operating under the mentality of "It's my right, read the law because it says ..." The problem is that bad rulings happen all the time, and appeals cost money. So if you get a bad ruling in criminal court and appeal resulting in another a bad ruling, then can't afford an attorney so you rep yourself at the state supreme court level and get a bad ruling there due to the fool attorney/client you have caused more harm than good.

[jmra]

One day these fools are going to get us all backed into a corner that we are going to be forced to fight our way out of.

[texanjoker]

Members of the group could be seen pressing troopers about why the demonstrators were handcuffed.