46 votes

Update 9/16: TX State Troopers Now Lying After Unlawful Arrest for Open Carrying Black Powder Pistol (Video)

UPDATED 9/16!

It's being reported that, "The police officer who arrested Gary is now claiming that Gary pointed a weapon at him. This is a lie, the weapon was holstered and we have video and multiple witnesses to call out the cop's lie. The cop is lying to protect himself so he doesn't get in trouble."

"They are also now claiming that Gary's release for jail without charges was 'an accident.' This started after Gary called them to try to get his black powder pistol back."

https://www.facebook.com/groups/DentonCountyRepublicans/perm...

BREAKING NEWS!

The story is just developing. Stay tuned. State officials are getting involved to try to force release. The officer was confronted with the law. Watch him squirm!

Texas law specifically exempts black powder replicas from the definition of a handgun or firearm, which was indeed what the person who was arrested was open carrying...a black powder replica pistol.

UPDATE: 5:40pm CST from a friend on the scene: Will be streaming Gary Hays open carrying his black powder revolver at the state capitol in Austin in about 15 minutes (5:45ish).

Link to live feed of another open carry attempt in protest! http://www.ustream.tv/search?q=webnotions

Original video below!


http://youtu.be/S8UXEFhyBz4

UPDATE: InfoWars coverage


http://youtu.be/wU_EY-tsYOI

New Video (language warning):


http://youtu.be/uc7DMVXKHG8

UPDATE:

Update via Rachel Malone. Props to Patterson for jumping into this. Abbott so far appears to be dodging and acting like he can't do anything. Share and call!

=================
Update on the situation at the Capitol this morning:

I just spoke with Nestor Rizo. He, Gabe Cabrera, and Terry Holcomb Sr., admins here at TOC, went to the Capitol today to peacefully exercise their 2nd amendment rights. Other folks from Open Carry Texas were also there.

While they were still walking up the sidewalk, before they even reached the Capitol grounds, Terry was arrested by DPS for openly carrying a black powder pistol (which is not counted as a firearm under Texas law and therefore not subject to handgun carry restrictions). The pistol was secured in a holster.

Scott Liberty was also arrested for carrying a black powder pistol.

I understand that they were both arrested under Illegal Carry of a Firearm and Disorderly Conduct - although clearly, they were not in violation on either of those counts.

Jerry Patterson was notified of the situation, and he called the Capitol to tell them to release Terry and Scott immediately. They refused, so Patterson is proceeding to put pressure on Attorney General Gregg Abbott to step in and help.

Nestor and Gabe are now on their way back home. I'm sure they'll be posting more firsthand accounts and videos.

You can contact Abbott at 512-463-2100 to urge him to take action against this infringement of the 2nd Amendment. Remember, he does have power through his current office to help. If he does not use that ability now, how should we expect him to help protect 2nd amendment rights when and if he becomes governor?

https://www.facebook.com/jerblosser/posts/10200575970228364

UPDATE:

Here's Texas Law 46.01 (3)(A) & (B)

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

(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.

UPDATE: Pic from the LIVE re-protest of the arrest earlier today. They decided to do it again!

Here's the video from last week of the same group actually getting into the building!


http://youtu.be/8ug_G119af0

UPDATE:

Two of the men arrested first are now out on $0 and $20 bail. Gary Hays, the disabled vet in the picture above, has indicated that he is not willing to post bail. Can't blame him - no crime was committed.

UPDATE: Commentary from a friend who knows about this kind of stuff...

Several people have commented that "manner calculated to cause alarm" isn't defined, or that LEOs are choosing a definition that suits them, and we need case law. However, something Gary Hays said last night when his arrest started got me thinking and doing some research today, and I think there's a fundamental piece we've been missing here.

The cop told Gary that his pistol "was alarming" him (which is obviously different from "calculated to cause alarm", but nevermind that for now). Gary immediately replied that the cop's visible sidearm, mace, nightstick, etc. were alarming him. Something we've all thought and said before, but it got me thinking about what the code says...

As we all know, Penal Code Chapter 46 is the one dealing with weapons. 46.02 lists places a person can't carry a handgun. 46.03 lists places a person can't carry a firearm or other prohibited weapon.

The thing is, those sections apply to ALL people, including license holders AND LEOs. So why can they each carry? Because there are exceptions later in that Chapter: Sec. 46.15. NONAPPLICABILITY. 46.15(a) says both 46.02 and 46.03 do not apply to various types of peace officers, while in the commission of their duty or otherwise (different types of LEOs get different exceptions). 46.15(b)(6) carves out the exception to carry a concealed handgun if you're a CHL holder.

Obviously our guys are getting arrested and charged not under Chapter 46, but under Chapter 42, Disorderly Conduct. Specifically, 42.01 "(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;".

There is no NONAPPLICABILITY exception for LEOs I can find for 42.01, or any of Chapter 42. That should mean that if simply carrying a weapon openly counts as "manner calculated to cause alarm" for the purposes of 42.01, then every LEO that's openly carrying is also in violation. Obviously selective enforcement is no new thing, but that should make it clear in any court proceeding that using brandishing as the standard is the only reasonable way to read the law.

This shouldn't be that surprising if we consider what "disorderly conduct" is supposed to be about. There's no particular reason to think an LEO would be exempt from laws against disruptive noise, showing their genitals, etc. that the rest of Chapter 42 deals with.

___



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Ignorance of the law is no

Ignorance of the law is no excuse so the officer is guilty of false imprisonment and kidnapping and should be immediately jailed. The police state enforcers must be made to pay for their crimes.

"In reality, the Constitution itself is incapable of achieving what we would like in limiting government power, no matter how well written."

~ Ron Paul, End the Fed

To set the record straight guys?

I am in Az and have the right to open or conceal carry. But if I go to a government building and it has a sign that says " No firearms allowed" I am smart enough to know even a black powder pistol is and will be considered a firearm and it is going to cause unnecessary problems. Just Common sense, To push a technicality on purpose was a bit silly and accomplished nothing but retaliation. Everyone will now pay for the actions of this one individual.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

A true patriot?

Enjoy the teat.

Laws are not technicalities! They're laws!

And if you're ever read state law, then you know how technical they actually are!

Black powder pistol under specific law are exempt from firearm laws. It's not a technicality! It's pretty darn clear in the law!

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

I absolutely agree Rob

But seriously, He didn't think that if it walks like a duck and looks like a Duck, They might perceive it as a duck? Very few people now days would know the difference by sight while it's in the holster.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Just curious

Which side gets the benefit of the doubt?

Candidate for Governor speaks out...

Tom Pauken, Candidate for Texas Governor Calls for Release of Men Arrested For Carrying Black Powder Guns

http://www.tompaukenfortexas.com/2013/09/tom-pauken-calls-re...

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

Well there goes our Black Powder rights

Things like this do more harm than good. You can bet they will retaliate all across the country and pass more laws.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Apologists sitting on their

Apologists sitting on their fat asses, safe at home make life better?

"The United States can pay any debt it has because we can always print money to do that." — Alan Greenspan

Is your nickname

Ben Dover?

Really?

Is that why we are still a British colony? Is that why slavery still exists? Is that why women and blacks still can't vote?

Are you saying the world changes by people NOT challenging authority?

What?

Challenging authority and bad laws makes more laws?

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

Yep

Lack of "prudence" is why we already have all the gun laws we have. One person got silly and the rest of us have to pay for it. He made a point alright and they will make one in return. We are not going to like the point they make back. Just because it's legal doesn't mean you should abuse the right by doing something silly like this. They WERE legal, Say good-bye to that.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

You should change your nick

You should change your nick to something more appropriate. I suggest TrueCoward.

"The United States can pay any debt it has because we can always print money to do that." — Alan Greenspan

Don't fight for your rights

Don't fight for your rights because that might make people take away your right? Do you realize how dumb that sounds?

"In reality, the Constitution itself is incapable of achieving what we would like in limiting government power, no matter how well written."

~ Ron Paul, End the Fed

Didn't down vote you as I get

Didn't down vote you as I get your point but, what good is open carry if to preserve the right you can't open carry?

Yeah...for the record...

I didn't down vote you either! In case you thought it was me!

Edit: comment meant for ATruepatriot

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

deacon's picture

bad gov

is why we have gun laws,it is not because some exercise that right.
you said it yourself they were legal,meaning they still are,so the ones with illegal acts are the ones who created gun laws,and them cops for abusing power without authority to do so
the biggest reason for all gun laws is the gov's are afraid and paranoid
of the people,they take away rights that they themselves do not follow

If we deny truth before your very eyes,then the rest of what we have to say,is of little consequence

We're going to have to agree to disagree on this one bud!

What alternatives do you propose to challenge bad laws and/or unlawful arrests?

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

If it had been in numbers Rob

If it had been done with numbers it might have made a point. But this was just throwing Gasoline on a fire. One person is not going to make a difference or intimidate them man.

California has already changed the wording in their law to include antiques and curios because of this type of action. The same will happen here. Did he really think they are going to drop any carry laws because of this? What was the point? They will just reword the law so no one can do this again.

They were just waiting for someone to do this so that they could add curios to the list of controlled weapons. They will charge him with a "Lethal Weapon" same as if he had a pipe in his hand. Like I said more harm than good my friend.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

It's a pattern

I've seen government pull this trick many times. This is THE EXAMPLE for the state, as they trash the constitution, to set precident.. Gun Exhibit: Curio; added 09/13, EXAMPLE: TX.

"One person is not going to

"One person is not going to make a difference or intimidate them man."

Said like a (wo)man who has given up trying to make a difference in the world. That's fine, but stop discouraging others who haven't yet.

Did you watch the last video?

He was told he could carry outside the weekend before, and was even let go after carrying INSIDE the capitol.

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
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SITUATION IS ESCALATING!

http://www.ustream.tv/search?q=webnotions

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

Here's the skinny....

After hearing of his friends' arrest this morning, Gary Hays and some other Austin and Dallas activists quickly enacted a plan to challenge this unlawful arrest by re-demonstrating again in front of the capitol. After several minutes of being avoided by Troopers, Gary started confronting several officers with questions on interpretations of the law noted in the OP. Eventually another officer came out and started getting really weird and went in for the arrest because Gary was open carrying a black powder revolver.

Arrest happening live now: http://www.ustream.tv/search?q=webnotions

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

The arresting officer is now trying to befriend Gary...

The trooper also just admitted that he watched the video posted in the OP of the open carrying event inside the capitol last week.

This arrest seems to be in response to that!

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

Streaming LIVE Now!

http://www.ustream.tv/search?q=webnotions

Another open carry attempt with a black powder pistol in protest!

Edit: Seems like technical difficulties. Feed is in and out.

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

Quote from Gary to Security :

"Last week I was rolling up around in there like a boss with my .44."

Streaming LIVE now: http://www.ustream.tv/search?q=webnotions

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

From a friend on the scene:

Will be streaming Gary Hays open carrying his black powder revolver at the state capitol in Austin in about 15 minutes (5:45ish).

http://www.ustream.tv/search?q=webnotions

I'm a serial entrepreneur and liberty activist from Texas!

www.RevolutionCarBadges.com
www.NonNetwork.com

On Infowars!