10/27/13. Texas State Troopers Illegally Came And Took It.
Austin, TX- “The “Come and Take It” rally was a big success. However Texas State Troopers may have illegally came and took it. We were told by most sources that only four people were arrested and it was mainly due to the Star Buck’s ordnance. Now it seems coming to light that some Texas State troopers answered the challenge by illegally arresting two participants.
According to Austin law it was illegal to carry a pistol openly in the city limits. However that would not be a legal reason to arrest these two. The weapons they carried were antiques and produced in 1898. They would have been grandfathered in under the long barrel and black powder clauses and the pistol definition would not be applicable.
So then the officers state that they were given opportunity to leave and didn’t so they arrested them for criminal trespass and failure to identify themselves.
“The men were openly carrying suspected deadly weapons and were given the opportunity to leave the area, but refused,” Vinger wrote in an email. He said no other information about the arrest was available~Dallas Morning News
However this contradicts several, and I do mean several, videos of the incident.
Leaders of the gun-rights group Open Carry Texas said their members did not provoke troopers and were within their legal rights to carry the pistols. Victoria Montgomery, a spokeswoman for the group, described the weapons as black-powder revolvers made before 1899.
Montgomery said the group doesn’t go looking for trouble but instead wants to educate the public that the kind of antique weapons carried by the men arrested Saturday can legally be open carried. Long guns can also be openly carried, though Texas law prohibits open carrying of handguns.
“We’re proud of us educating the public. We thought it was an admirable endeavor,” Montgomery said. “But DPS obviously has an issue with that.”
C.J. Grisham, the president of Open Carry Texas who said he originally wanted to bring an assault rifle to the rally, scoffed at authorities’ description of the pistols as a deadly weapon.
“We had flagpoles that we could’ve beat people with too,” Grisham said. ~Dallas Morning News
A copy of the video was obtained for your viewing. Warning does include some strong language: