• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Additional open carry arrests at capital building

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
BEST VIDEO SO FAR IMO: https://www.youtube.com/watch?v=tCyJAIHcoJg

According to a post on Facebook, two members of Texas Carry were arrested within the past hour to 2 hours outside of the capital building. The members were carrying openly holstered pre-1899 pistols that are not classified as firearms under Texas law.

Based on the conversations posted online in the recent weeks/months, I would imagine that the government intends to prosecute them NOT under unlawful carry of a weapon but under disorderly conduct, which makes it an offense when one "displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;" - meaning that the case hinges not on whether or not the weapon qualifies as a firearm, but whether or not it was carried in a manner calculated to cause alarm. Common sense - and probably mountains of case law from all across the country - tells us that it is not displayed in a manner calculated to cause alarm when it is properly holstered. We shall see. I will try to post any updates I find as quickly as possible.

According to the Facebook posts this was not a simi-peaceful arrest as the previous ones were. This was a full blown, guns drawn, fingers on trigger, to-the-ground takedown. The officers refused to tell the ones arrested what laws they had broken, and they refused to tell bystanders why they were being arrested. When questioned, they simply replied "we are just doing what we are told." Whoever is doing the telling, needs to be booted from their office. Better, yet, boot them from Texas. Send them to Chicago, perhaps, they ought to love it there...

I believe the following video is of the arrests made today. WARNING offensive language throughout. https://www.youtube.com/watch?v=Cow1HBEH1TY&feature=youtube_gdata_player But you can't say a few curse words are any more offensive than false arrests, broken oaths, and blind obedience to an oppressive state.

A bare-bones news story. Hopefully more will be reported in the near future. http://www.khou.com/news/texas-news/Witnesses-2-handcuffed-at-Texas-Capitol-gun-rally-229394821.html

I'm now reading that they've been charged with criminal trespass. It'd be laughable if it weren't a matter of law abiding citizens being arrested, abused and oppressed
 
Last edited:

BrianB

Regular Member
Joined
Apr 27, 2011
Messages
223
Location
Florida
Looks like there were tons of people recording. Interested to see if any videos come out that start a little earlier in the encounter.

I wonder what the gestapo would do if 500 people were open carrying black powder revolvers? Roll in an APC?

I'd love to know what their probable cause was for the "calculated to cause alarm" element of the alleged crime?
 

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
http://youtu.be/rcFOdzqu-Ok
Here is another video.


They are going for criminal trespass. Apparently they think that someone can be trespassed from public property. According to comments from the leaders/spokespersons this all took place on public property.

The following is supposed to be an extended video that covers more of the incident. I have not watched it yet. Be prepared for language please. http://www.youtube.com/watch?v=2R7-asXfLzQ&feature=youtu.be


Regarding the drawing of weapons and/or fingers on trigger, I have not seen in the video that an officer drew down on a citizen, but it appears that the officer put his finger on the trigger of the BP pistol after siezing it.
 
Last edited:

BrianB

Regular Member
Joined
Apr 27, 2011
Messages
223
Location
Florida
I wonder how many of the sworn police officers here would have the guts to tell their boss to shove it if they told you to go find something to arrest someone for, or told you to arrest someone for something you knew for a fact was not a crime, or for a crime you knew for a fact they didn't commit?
 

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
I wonder how many of the sworn police officers here would have the guts to tell their boss to shove it if they told you to go find something to arrest someone for, or told you to arrest someone for something you knew for a fact was not a crime, or for a crime you knew for a fact they didn't commit?

Apparently none.. Neither of these arrests appear to have any legitimacy.
 

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
Looks like there were tons of people recording. Interested to see if any videos come out that start a little earlier in the encounter.

I wonder what the gestapo would do if 500 people were open carrying black powder revolvers? Roll in an APC?

Edit: 3hen I get back to a PC I will try to post additional videos and updates. My editing capability is limited right now.

FYI, I've read that the person shouting constant obscenities was not an open carry Texas member. I am thankful for that, I think that shouting obscenities is counter productive and will prevent widespread public support

I'd love to know what their probable cause was for the "calculated to cause alarm" element of the alleged crime?

Roll an APC? Yes, that is exactly what they will do. They have plenty, and police forces across the nation have been less and less shy about deploying them.

When I get back to a PC I will try to post more information and videos.I have limited editing capabilities.

Fyi I believe the person shouting the harsher of the obscenities was not an open carry Texas member... IMO such conduct is not productive and will hinder widespread public support. Its hard to remain 'professional' in cases like these but doing so will be greatly beneficial in the long run I think

http://www.myfoxaustin.com/story/23799017/2-arrested-at-capitol-for-carrying-black-powder-handguns


EDIT: Tom Jefferson had to seek medical attention after posting bond. His ribcage was so swollen that the doctors could not determine from X-Rays whether or not they were cracked. This is after being locked up for approximately 12 hours, on a false charge.
 
Last edited:

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
The charges against one of them were upgraded to criminal trespass with a deadly weapon, which is a class A misdemeanour. He was refused PR bond because he invoked his 5th amendment rights, which delayed his release on bond. Immediately after being released on bond he sought medical treatment for injuries to his ribs. He has severely bruised and possibly cracked ribs. He was told that he should not return to work due to his injuries.

This is what tyranny looks like.

There will be a rally in Austin on December 14th, and it is being encouraged that ANYONE that can attend do so, whether you are a Texas resident or a patriot from another state. You are encouraged to openly carry a cap and ball pistol that is a replica of a pre-1899 pistol. The more that do, the better.
 

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
STEALTHY i hope you will keep us all informed. this is a very important thing you guys are doing in TX. it will influence people across this nation
 

mustangkiller

Regular Member
Joined
Sep 15, 2009
Messages
300
Location
, ,
I'm gonna try like hell to be there. Anyone have a BP pistol I can borrow for the day? This is BS. A similar thing happened to me last year. This is my chance to once again show my disdain for officers of this type.
 

BrianB

Regular Member
Joined
Apr 27, 2011
Messages
223
Location
Florida
I finally got off my butt and ordered one as well. Since I plan to carry it at times I opted for the 5.5" barrel instead of the 8". They are backordered, but Cabelas has a pretty good deal on them here. For $229.99 (plus reduced $5 shipping if you use the "3HOLIDAY" code) you get the gun and a "starter kit". Also this is a steel framed gun and the one you linked is a brass framed. I've done a little reading and it sounds like the steel framed is my preference (strength, etc.). I also ordered the holster that's specifically for the 5.5" gun.

If I actually end up carrying it more than a little I want to grab a Uberti stainless steel 5.5" one. They are back ordered until Feb. 2014, and aren't quite so economical, so I'm going to wait and see if I really end up using it. In Florida, my sweat will corrode a blued steel gun pretty fast if I don't keep after it, so the stainless would be nice (especially since I'm a "Glock guy" so I'm not used to worrying about sweat on my carry guns).
 
Last edited:

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
I finally got off my butt and ordered one as well. Since I plan to carry it at times I opted for the 5.5" barrel instead of the 8". They are backordered, but Cabelas has a pretty good deal on them here. For $229.99 (plus reduced $5 shipping if you use the "3HOLIDAY" code) you get the gun and a "starter kit". Also this is a steel framed gun and the one you linked is a brass framed. I've done a little reading and it sounds like the steel framed is my preference (strength, etc.). I also ordered the holster that's specifically for the 5.5" gun.

If I actually end up carrying it more than a little I want to grab a Uberti stainless steel 5.5" one. They are back ordered until Feb. 2014, and aren't quite so economical, so I'm going to wait and see if I really end up using it. In Florida, my sweat will corrode a blued steel gun pretty fast if I don't keep after it, so the stainless would be nice (especially since I'm a "Glock guy" so I'm not used to worrying about sweat on my carry guns).

Hey, thank you for the link! I didn't even think about Cabela's. I was thinking about checking Academy as well. Would you mind linking the holster? I was looking for them on the Gander Mountain site but couldn't find any at all. Pistol wouldn't do me any good if I couldn't find a proper holster for it!

Also it is recommended to have legal defense prepared ahead of time. There are organizations that you can join for relatively low cost, something around $13 a month. https://www.selfdefensefund.com/


BEST VIDEO SO FAR IMO: https://www.youtube.com/watch?v=tCyJAIHcoJg
 
Last edited:

BrianB

Regular Member
Joined
Apr 27, 2011
Messages
223
Location
Florida
Hey, thank you for the link! I didn't even think about Cabela's. I was thinking about checking Academy as well. Would you mind linking the holster? I was looking for them on the Gander Mountain site but couldn't find any at all. Pistol wouldn't do me any good if I couldn't find a proper holster for it!

The holster link is here.

My order status says estimated delivery for the revolver is 4-5 weeks.
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
If TEXAS LAW is meaningless - WHY OBEY ANY OF IT ?

The Texas Legislature's delegated power to "regulate the wearing of arms, by law, with a view to prevent crime" is manifested under Chapter 46 of the Penal Code - which clearly exempts replicas, and actual pre-1899 cap & ball revolvers. The troopers orchestrated arrrests for criminal trespass only -a sign that they were well aware that NO CRIME had been committed .

TEXAS LAW under section 46.01 clearly defines a pre-1899 cap & ball black powder revolver as NOT A "firearm"....and therefore NOT A "handgun" = NO TEXAS LAW VIOLATED by these LAWFUL "open carriers".

The only crime committed was the interference by the Texas State Troopers with a peaceful assembly for the purpose of lawful expression. The 1st Amendment is not suspended because "somebody" doesn't LIKE the message that is being expressed- and RECEIVED .

The free exercise of the 1st Amendment secured right to expression was blatantly suppressed by these troopers.

Whether "somebodies" or "anybodies" are "comfortable" with the message being expressed is irrelevant. Civil rights were trampled yesterday in Austin - big time.

These folks are taking a stand for "every citizen" in Texas - against a long lingering Reconstruction era transgression. The message got across despite the 1 A suppression by Travis County DA -

The open carry of replica & actual pre 1899 cap & ball BP revolvers is LEGAL IN TEXAS !

Apparently exercising your 1A right to get that message out to other Texans however - is "illegal"......in Travis County.....?
 
Last edited:

stealthyeliminator

Regular Member
Joined
Dec 29, 2008
Messages
3,100
Location
Texas
Meeting(s) have been scheduled with OCT, DPS official(s) and the Lt. Governor to discuss the illegal arrests occurring at the capitol

Fyi one of the men arrested has been unable to work due to the injuries to his ribs and may face unemployment as a result. This has been a severe injustice
 
Last edited:
Top