Texas OC DPS Arrest

[Moose-Knuckle]

I don't know the back story on this, so if you do help me out.

It appears this guy with the black powder pistol is playing the role of the an open carry "activist". A whole crowd around him with cameras at the ready, not just cell phone cams. Looks like the whole thing was done on purpose?

[Whiskey_Bravo]

You can open carry a rifle but not a pistol here in Texas. The officer was in the wrong as the black powder revolver isn't considered handgun. After he was shown the exact wording of the law he still arrested the guy.

[jpmuscle]

You can open carry a rifle but not a pistol here in Texas. The officer was in the wrong as the black powder revolver isn't considered handgun. After he was shown the exact wording of the law he still arrested the guy.

And does anyone in power think that is in the least bit stupid? The non OC'ing of pistols that is.

[021411]

Unless you happen to be a badass firearms expect and can eyeball a gun from a mile away, would you know what this was? I sure as hell can't tell it's a black powder revolver from a standard revolver. How would you expect the LEOs to positively ID it just from looking at it holstered up? I don't believe this is the gun the guy had in the video but I would rather err on the side of caution and detain him.
If this happened where I live we'd have to confer with the DA's office anyway after a thorough examination of the gun. He'd be cut loose once it was discovered to be a black powder gun. But in other counties it can be treated as one of those "you can beat the rap but you can't beat the ride" type arrests.

[MountainRaven]

All that I'm going to say in defense of the police is that it is pretty easy and fairly straightforward to convert most ball-and-cap revolvers to fire centerfire cartridges without substantially altering (and in many cases without even making any permanent alterations to) the revolver in question. To say nothing of the availability of reproductions of historical ball-and-cap-converted-to-metallic-self-contained-cartridge revolvers that are now available on the market.

Of course, they probably don't know any of that.

[thopkins22]

The case will probably be dismissed before any precedent is created supposing that he was cooperative and the code does in fact exempt black powder. Similar things have happened to guys carrying "illegal knives" before much of the illegal knife laws were changed.

Per the code CHL holders are exempt(maybe), but it's a dangerous game to play.

Certainly the video camera operators were antagonizing them...didn't seem to come to a head either way though.

Why did the guys carrying long guns not get arrested?

Long guns are the only firearms in TX that can be carried open. The squabble seemed to be a difference of opinion on whether or not black powder firearms are considered firearms under TX code...if not then it's not actually a handgun under the law. He seemed to be carrying it for this reason...and he was probably legal in doing so under the law as it's pretty clearly written. I doubt anything goes to trial, it'll be a case of beating the case but not the ride. No doubt in a few months his lawyer will return with a form that the DA dropped the charges, "in the interest of justice."

We shall see I suppose.

[SilverBullet432]

The case will probably be dismissed before any precedent is created supposing that he was cooperative and the code does in fact exempt black powder. Similar things have happened to guys carrying "illegal knives" before much of the illegal knife laws were changed.

Per the code CHL holders are exempt(maybe), but it's a dangerous game to play.

Certainly the video camera operators were antagonizing them...didn't seem to come to a head either way though.

Us texans are allowed to own switchblades now

[thopkins22]

Us texans are allowed to own switchblades now

Yeah but they can't be double edged...then they're also daggers which are still illegal.

Just bought an OTF auto today in celebration of the new law.

[SilverBullet432]

I want a benchmade auto, can we buy them online?

[021411]

I want a benchmade auto, can we buy them online?

They've always been available online even before Sept 1. Some required credentials while others didn't care and left it up to the end user to be aware of local laws.