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Thread: Open Carry Texas Holds Rally at McAllen Police Department; Updates to the Horton Arre

  1. #1
    Join Date
    Jul 2008
    Yuma, Arizona, USA

    Open Carry Texas Holds Rally at McAllen Police Department; Updates to the Horton Arre

    There are lots of great pictures in the original article. It is worth going to the link.

    Open Carry Texas member and supporters rallied at the McAllen Police Department Saturday where member Zach Horton was arrested earlier in the week for what appears to be doing nothing more than following the law.

    The rally, dubbed “Come and Take It McAllen,” brought a crowd of 75-100 people at it’s peak, many of whom were legally openly carrying rifles in accordance with state law. The event was peaceful and drew Open Carry Texas members from across the state, as well as local members and supporters in the Rio Grande Valley. There was also a noted lack of police presence at the peaceful event. Mr. Horton was in attendance himself as well.

    Attendees later noted that they were carrying their firearms in accordance with the law and were doing so in the same parking lot in which Zach Horton had been arrested, and he never even took his rifle out from where it was secured behind the seat of his regular cab pickup.

    Members organized the rally after the Arrest of Member Zach Horton on Thursday August 8th. Mr. Horton had entered the police department to inform the officers that he planned to legally carry his long arm in front of the building to take some pictures. Mr. Horton was travelling in the area and has been openly carrying in front of many police stations in an effort to raise awareness that the practice is legal in the state, and to advocate for further legislation that relaxes restrictions on openly carrying firearms. Openly carrying a handgun is currently illegal under Texas law, and Open Carry Texas members and others are advocating to reduce and eliminate some of these restrictions.

    Mr. Horton was told by McAllen Police Department officers that he would not be allowed to lawfully carry his weapon outside the building and was asked to leave. After leaving, Mr. Horton returned, in his words, to file a formal complaint. Upon arriving back at the police station, he was confronted by McAllen officers who ordered him away from his truck and was quickly placed under arrest. His truck and his person were searched as well. He had a legal knife on his person and a semi-automatic rifle secured behind the seats of a regular cab pickup truck.

    Mr. Horton was originally held on a criminal trespassing charge, which was dropped at arraignment the following day. He was instead charged with “carrying a weapon in a prohibited place” and released on $25,000 bond.

    Mr. Horton has stated that the charge was based on the unloaded rifle behind the seat of his truck in the parking lot, not the knife on his person. This would make the charge 100% bogus under the state law definition of premises, which excludes parking lots and open areas and is reserved for the buildings themselves.

    McAllen does have a city ordinance that reads:

  2. #2
    Regular Member
    Join Date
    Oct 2007
    Provo, Utah, USA
    The most likely scenario is that the DA will try and coerce Mr. Horton into signing an agreement to not pursue legal action against the officers or the department in exchange for dropping the charges.

    My hope is that Mr. Horton will tell him to put his offer where the sun doesn't shine and get a good civil rights attorney.

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