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Texas Open Carry activist arrested today

independence

independence

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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:

terry.jpg

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.
 
independence

independence

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And here's the video that was just published:

[video=youtube_share;S8UXEFhyBz4]http://youtu.be/S8UXEFhyBz4[/video]
 
MAC702

MAC702

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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.
 
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DocWalker

DocWalker

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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.
 
since9

since9

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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.
Click to expand...

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...
 
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B

bushwacker

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pottsboro,texas
since9 said:
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...
Click to expand...

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
 
Grapeshot

Grapeshot

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since9 said:
--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........
Click to expand...
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.
 
K

KYGlockster

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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.
 
stealthyeliminator

stealthyeliminator

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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.
 
rushcreek2

rushcreek2

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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.
 
S

SFCRetired

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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?
 
MAC702

MAC702

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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?
 
independence

independence

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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.
 
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