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Thread: Texas Open Carry activist arrested today

  1. #1
    Regular Member independence's Avatar
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    Texas Open Carry activist arrested today

    Terry Holcomb was arrested today while open carrying a black powder revolver. As noted in this thread, he has been open carrying a rifle lately to protest the fact that you can't open carry a handgun in Texas.

    I am a friend-of-a-friend of Terry, so that's how I have knowledge of the situation. This time around he was carrying a black powder revolver, which is not illegal in Texas and was arrested for Carry of a Firearm and Disorderly Conduct - both bogus charges, of course.

    Here is a photo of the arrest:

    Click image for larger version. 

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    Please contact Texas Attorney General Gregg Abbott at 512-463-2100 and put the pressure on him to help. This was a wrongful arrest and the state of Texas should not be allowed to oppress the people in this way.

    If you would like to learn more about the situation first hand or further support open carry in Texas, consider joining Texas Open Carry on Facebook.

    NOTE: OCDO allows the discussion of open carrying a rifle only in states in which open carry of a pistol is prohibited by law. Texas is such a state, unfortunately.

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    Interesting in that it is similar to the recent Appleton, Wisconsin arrest of openly carried firearms that was not timely picked-up by a news outlet.
    I am responsible for my writing, not your understanding of it.

  3. #3
    Regular Member independence's Avatar
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    And here's the video that was just published:


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    Regular Member independence's Avatar
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    Check out this link for a public announcement about the incident:

    https://www.facebook.com/TexasFirearmsFreedom

  5. #5
    Regular Member independence's Avatar
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    A couple more photos...

    Click image for larger version. 

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    Campaign Veteran MAC702's Avatar
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    This is outstanding, an excellent precedent. Black powder sidearms are effective for self-defense, even if not the best modern choice (especially for reliability).

    Since it does not meet the federal definition of firearm (and I'm assuming it does not meet the Texas definition of a handgun/firearm or this thread wouldn't be as important), this will force Texas to confront the issue of whether or not people can carry defensive sidearms in public without being burdened (infringed upon) by permitting and concealment requirements.
    Last edited by MAC702; 09-13-2013 at 05:20 PM.
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    Regular Member DocWalker's Avatar
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    What about the crime of the officers for wearing those shorts???? He could have blinded the public with those legs.....I also liked his bike helment, I bet he has worn one since he started school and never takes it off due to his soft head.

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    Campaign Veteran since9's Avatar
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    NOTE: OCDO allows the discussion of open carrying a rifle only in states in which open carry of a pistol is prohibited by law. Texas is such a state, unfortunately.
    AHEM: Terry Holcomb, Sr. 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.

    I strongly suggest you revise your rules to read "OCDO allows the discussion of the open carry of any firearm where the open carry of that firearm is allowed by law."

    This not only meets the original law-abiding intent of your current rule, but also covers the law-abiding open carry activity of Terry Holcomb, Sr.

    This incident is clearly a wrongful arrest. The officers failed to properly ascertain the type of firearm Holcomb was carrying. The brass frame and cap-and-ball cylinder are dead giveaways. No contact with Holcomb was required to make that determination. The officers failed to do their duty, and wrongfully arrested a law-abiding citizen.

    ETA:

    I wrote the Attorney General of Texas, Greg Abbott, and encourage all of you to do the same. It DOES work. Here in Colorado, we just ousted the two miscreants who shoved the gun laws down our throats earlier this year. They are GONE.

    Dear Mr. Abbot:

    Terry Holcomb, Sr. 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.

    This incident is clearly a wrongful arrest. The officers failed to properly ascertain the type of firearm Holcomb was carrying. The brass frame and cap-and-ball cylinder are dead giveaways. No contact with Holcomb was required to make that determination.

    As an honorably retired USAF Officer, I vehemently protest the behavior of your officers with respect their failure to know and understand the law, their failure to appropriately apply the law, and their subsequent wrongful arrest of an honest, law-abiding citizen.

    Neither I nor most Americans will tolerate this un-Constitutional and and unlawful (Texas Law) infringement against our right to keep and bear arms.

    Video.

    I strongly encourage you to release Terry Holcomb, Sr. immediately, and to proceed with a disciplinary hearing for all officers involved for their role in either instigating or perpetuating this violation of Holcomb's rights under both Texas Law and the Constitution of the United States of America.

    You and I both took an oath of office, to support and defend the Constitution against all enemies foreign and domestic. Although I am retired, my oath of office never dies, and I sincerely hope your commitment to your own oath of office is as strong today as mine. Those who trample upon our rights as Americans, knowingly or otherwise, have taken upon themselves the mantle of "domestic enemy." They should be corrected if possible, and punished if not.

    Please take action. Whatever you do, please do not "let it slide." Do not, Sir, allow this to happen in our Republic!

    Sincerely...
    Last edited by since9; 09-13-2013 at 08:13 PM.
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    Quote Originally Posted by since9 View Post
    ahem: Terry holcomb, sr. 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.

    I strongly suggest you revise your rules to read "ocdo allows the discussion of the open carry of any firearm where the open carry of that firearm is allowed by law."

    this not only meets the original law-abiding intent of your current rule, but also covers the law-abiding open carry activity of terry holcomb, sr.

    This incident is clearly a wrongful arrest. The officers failed to properly ascertain the type of firearm holcomb was carrying. The brass frame and cap-and-ball cylinder are dead giveaways. No contact with holcomb was required to make that determination. The officers failed to do their duty, and wrongfully arrested a law-abiding citizen.

    eta:

    i wrote the attorney general of texas, greg abbott, and encourage all of you to do the same. It does work. Here in colorado, we just ousted the two miscreants who shoved the gun laws down our throats earlier this year. They are gone.

    dear mr. Abbot:

    Terry holcomb, sr. 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.

    This incident is clearly a wrongful arrest. The officers failed to properly ascertain the type of firearm holcomb was carrying. The brass frame and cap-and-ball cylinder are dead giveaways. No contact with holcomb was required to make that determination

    sincerely...
    great letter but i would change the firearm word to a different one ,like device or gun ...ect. Seeing how he wasn't carrying a leaglly defined firearm
    Our ancesters, veterens, and people of the service gave and are giving their time and sacrifice to preserve and defend our rights . it''s up to us the people to show appreciation by not sacrificing but investing time to exercise and preserve those rights.......the bushwacker...

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    Quote Originally Posted by independence View Post
    check out this link for a public announcement about the incident:

    https://www.facebook.com/texasfirearmsfreedom
    maybe we should have opencarry black powder meet ups and rallies, this town looks like a good place to start
    Our ancesters, veterens, and people of the service gave and are giving their time and sacrifice to preserve and defend our rights . it''s up to us the people to show appreciation by not sacrificing but investing time to exercise and preserve those rights.......the bushwacker...

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by bushwacker View Post
    great letter but i would change the firearm word to a different one ,like device or gun ...ect. Seeing how he wasn't carrying a leaglly defined firearm
    Good idea. I recommend "sidearm."
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by since9 View Post
    --snipped--
    I strongly suggest you revise your rules to read "OCDO allows the discussion of the open carry of any firearm where the open carry of that firearm is allowed by law."

    This not only meets the original law-abiding intent of your current rule, but also covers the law-abiding open carry activity........
    That is not going to happen. Such a change would make presently off-topic discussions of long guns (et al) permissible in a vast number of states - expanding the limits of OCDO beyond that intended.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    Attorney General Abbott has been contacted. I hope for a speedy dismissal of these charges with prejudice, and an immediate suit for the deprivation of this man's rights.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Regular Member stealthyeliminator's Avatar
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    All I want to know is - where is the nearest place to buy a black powder pistol? lol. I've read the definition several times myself, prior to this happening, and it is very convoluted IMO.

    (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.

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    I have no doubt that that curio revolver could fire a cartrige - however.....the law is the law - not we make it up as we go along. The only LAW broken was the 1st Amendment violations by the LEO's, and I got the sense that the APD Sergeant realized this , and wished he could have reset the clock. Somebody - probably that Travis County DUI offender D.A. witch ordered this unlawful arrest.

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    Regular Member SFCRetired's Avatar
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    Since when do cops wear the insignia of a U.S.Army Command Sergeant Major? I don't know which disgusts me more; the illegal arrest of a law-abiding citizen or the cop wearing an honorable insignia that he did not earn.

    On the other hand, the size of the insignia is that size normally authorized for female soldiers. Is he trying to tell us something?
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by smellslikemichigan View Post
    Obviously we are waiting for the return of #3 and then news of what options he will exercise.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Campaign Veteran MAC702's Avatar
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    Are these gentlemen still in jail? I'm assuming not, but have seen no updates. Are the charges still pending? What is next?
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Campaign Veteran marshaul's Avatar
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    I almost feel bad for the sputtering cop trying to come up with some law this man is breaking.

    Almost.

  21. #21
    Regular Member independence's Avatar
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    Terry Holcomb Sr.
    Arrested and bailed. Pre-trial postponed and no charges filed. Have not returned the BP revolver.

    Gary Hays (confined to wheelchair)
    Jailed for 24 hours with no charges and released. Have not returned the BP revolver.

    Scott Liberty
    Arrested and freed later. Not sure if there are charges, but I don't think so. They gave his AR-15 and CC gun back but not the BP revolver.

    That's about all the detail I can get right now.

  22. #22
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by independence View Post
    Terry Holcomb Sr.
    Arrested and bailed. Pre-trial postponed and no charges filed. Have not returned the BP revolver.

    Gary Hays (confined to wheelchair)
    Jailed for 24 hours with no charges and released. Have not returned the BP revolver.

    Scott Liberty
    Arrested and freed later. Not sure if there are charges, but I don't think so. They gave his AR-15 and CC gun back but not the BP revolver.

    That's about all the detail I can get right now.
    So they kept the NON FIREARM BR pistols which are obviously not evidence of any crime, have not filed charges, took bail from Holcomb who was never charged....so what did he bail out for?.......and are hoping that three activists will simply go away? Is that about it?

    TYRANNY is what that is.
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  23. #23
    Regular Member independence's Avatar
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    Quote Originally Posted by We-the-People View Post
    So they kept the NON FIREARM BR pistols which are obviously not evidence of any crime,
    Yup.

    have not filed charges,
    Yup.


    took bail from Holcomb who was never charged
    Actually some awesome politician -- I think Land Commissioner Jerry Patterson -- was able to get him out on some sort of reputation bail. In other words, some sort of bail situation where a politician vouches for you. I had never heard of that until now but that's what happened!

    ....so what did he bail out for?
    Excellent point, lol.

    .......and are hoping that three activists will simply go away? Is that about it?

    TYRANNY is what that is.
    Yeah, I think that about sums it up. I think the police are hoping the whole thing will die down. But Terry and his group are NOT going to back down. In fact, they are VERY fired up: https://www.facebook.com/groups/TexasOpenCarry/

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    im glad this happened in texas where they love to talk about how much freedom and liberty they have and how they dislike the government so much.

    the police state covers ALL of America and it looks pretty strong in texas.

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    Moderator / Administrator Grapeshot's Avatar
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    From my limited knowledge. it appears that they returned the long guns which are legal to OC in Texas, but not the OCd black powder handguns (I know that BP is not the same) thereby hanging their hat on no visible OC of handguns. Not pursuing charges would seem to be tantamount to admitting they screwed up and they don't expect people to spend more money to get the return of property that can be replaced cheaper than the cost of the action.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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