Texas OC DPS Arrest

[Nightvisionary]

Texas is not the great bastion of freedom many think it to be.

[Nightvisionary]

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.

I can tell at a half second glance that is a black powder firearm. It has nipples.

[Nightvisionary]

I understand about the long gun part of the law, which is why I asked. It seems odd that they targeted this guy when others were carrying long guns.

Was this guy trying to make a point or did he bait them by carrying a pre-1899 pistol?

It seems like the legislature should focus more on the part of the law which revolves around carrying the firearm in such a way as to arouse people or cause worry. That seems very subjective and opens the way for abuse.

If we enact laws based on what arouses, worries, or offends some people we may as well just burn the Constitution right now.

[021411]

Tell that to a college graduate police officer with zero firearms before the academy handling that type of scenario. Some can't tell the difference between a clip and a mag. I guarantee you 99.9% of the LEOs will see that as a revolver before taking a detailed look.

I don't see how this type of demonstration is beneficial to the cause. Stirring things up is not one of them. I have a feeling one day black powder handguns will be made illegal as well because of these shenanigans. There's a proper way of education.

[Irish]

If we enact laws based on what arouses, worries, or offends some people we may as well just burn the Constitution right now.

Absolutely! Freedom is a tough pill to swallow.

[Iraqgunz]

We have been doing it for a long time. I am specifically talking about fixing the wording of the law that allows for such an arrest to be made according to how it is now.

Long guns (rifles / shotguns) do not have to be concealed, but must be carried in a manner not calculated to cause alarm, and do not require a license.

If we enact laws based on what arouses, worries, or offends some people we may as well just burn the Constitution right now.

[Nightvisionary]

Tell that to a college graduate police officer with zero firearms before the academy handling that type of scenario. Some can't tell the difference between a clip and a mag. I guarantee you 99.9% of the LEOs will see that as a revolver before taking a detailed look.

I don't see how this type of demonstration is beneficial to the cause. Stirring things up is not one of them. I have a feeling one day black powder handguns will be made illegal as well because of these shenanigans. There's a proper way of education.

So should police officer's also be excused when they arrest people for legally possessing oregano, powdered sugar, rock candy, and air soft pistols? Or do we expect them to be intelligent, use some common sense, and practice some police investigative techniques? All of the good police officers I ever worked with carried a pocket copy of the state criminal statutes just in case they ran into situations like this. I know first hand of an incident a few years ago where an officer made a traffic stop on a person who had an FAL rifle in the back of his car. For those not familiar, many FAL's have 3 position selectors. This is completely legal and does not make the rifle a machine gun. The citizen (with zero criminnal history) explained this. It made sense to the officer but he personally with his limited knowledge base was unable to confirm it. So what he did was seize the rifle then cite in lieu for possession of a machine gun. The next day he was able to have a range instructor who also built FAL's confirm it was semi-auto only. This was much less cut and dry situation than legal possession of black powder pistol yet the officer used some common sense and officer discretion.

So what then is the "Proper" way to educate? Stirring things up ins't the problem. We have gotten to this point because 2nd amendment constitutionalist have not stirred things up enough. The left has stirred things up for 45 years and has been quite successful. If you are against stirring things up just turn em in now because you have already given up.

[Nightvisionary]

We have been doing it for a long time. I am specifically talking about fixing the wording of the law that allows for such an arrest to be made according to how it is now.

Long guns (rifles / shotguns) do not have to be concealed, but must be carried in a manner not calculated to cause alarm, and do not require a license.

What does that even mean For some busybodies there mere possibility of the existance of any firearm within a 100 mile radius will cause alrm.

[jpmuscle]

So should police officer's also be excused when they arrest people for legally possessing oregano, powdered sugar, rock candy, and air soft pistols? Or do we expect them to be intelligent, use some common sense, and practice some police investigative techniques? All of the good police officers I ever worked with carried a pocket copy of the state criminal statutes just in case they ran into situations like this.

I think it stands to reason in LE work and every other level of professional employment there is the standard which is representative of the lowest common denominator needed to function and there are those individuals who choose to meet, exceed, and excel at their duties by their own volition..I'm preaching to the choir I know.

[Iraqgunz]

Just clarify- in some jurisdictions (I don't know about all) possessing oregano, powdered sugar, etc... with the intent to sell it as a narcotic is an arrestable offense.

I don't someone is going to be arrested for buying and transporting those items unless the intent is to use it for unlawful purposes.

As for your other points, I think some of it has to do with how YOU interact with the officer. Having cameras rolling and people screaming who's the NAZI in charge, etc... is not going to get you any friends.

If I even thought I was going to be arrested for some perceived firearms offense and I was in a reasonable state, I would be very calm about explaining what is/ isn't and I would probably be asking for a supervisor.

So should police officer's also be excused when they arrest people for legally possessing oregano, powdered sugar, rock candy, and air soft pistols? Or do we expect them to be intelligent, use some common sense, and practice some police investigative techniques? All of the good police officers I ever worked with carried a pocket copy of the state criminal statutes just in case they ran into situations like this. I know first hand of an incident a few years ago where an officer made a traffic stop on a person who had an FAL rifle in the back of his car. For those not familiar, many FAL's have 3 position selectors. This is completely legal and does not make the rifle a machine gun. The citizen (with zero criminnal history) explained this. It made sense to the officer but he personally with his limited knowledge base was unable to confirm it. So what he did was seize the rifle then cite in lieu for possession of a machine gun. The next day he was able to have a range instructor who also built FAL's confirm it was semi-auto only. This was much less cut and dry situation than legal possession of black powder pistol yet the officer used some common sense and officer discretion.

So what then is the "Proper" way to educate? Stirring things up ins't the problem. We have gotten to this point because 2nd amendment constitutionalist have not stirred things up enough. The left has stirred things up for 45 years and has been quite successful. If you are against stirring things up just turn em in now because you have already given up.