Three Men ‘Illegally’ Arrested for Openly Carrying ‘Black Powder’ Pistols in Texas

[Feuer Frei!]

Three people were reportedly arrested on Friday for openly carrying Civil War-era pistols during a pro-gun protest outside the Texas Capitol. Gun rights activists tell TheBlaze the arrests were unlawful as it is legal in Texas to openly carry a pre-1899 antique firearm.

SOURCE

[soopaman2]

OK, a few questions.
Does it fall under an open carry law? Was it some law about antique unreliable black powder weapons, being loaded in a public place?

Were these men allowed to carry? Legally?

I know Texas is cool with guns, but even they got laws pertaining to them.

Black powder is an entirely different animal than our current ammo choices, self contained and safe, less prone to misfires. Were these guns loaded? I can see the gripe if so, black powder is dangerous.

I cannot see Texas being a Jerk about guns, unless there is a good reason. This ain't NJ

[Dowly]

Under Texas law, a gun manufactured before 1899 isn’t even considered a “firearm,” therefore not subject to open carry laws

...

He also confirmed that all three men were carrying “pre-1899 black powder revolvers” when they were “illegally arrested.”

And now they are going to fight it in the courts. Good luck.

[soopaman2]

Originally Posted by Dowly

And now they are going to fight it in the courts. Good luck.

Black powder is a different animal, IMHO. I think I can get these guys catching heat.

I am pro gun no matter what in most cases, but this seems to be a safety issue.

If your not safe with guns, then you got no business having one.

Ignoring safety to make a political statement..Not saying they did, but it seems like it. ( THIS SENTENCE ONLY VALID IF THE GUNS WERE ACTUALLY LOADED)

If not then disregard above post

[Sailor Steve]

Originally Posted by soopaman2

Black powder is a different animal, IMHO. I think I can get these guys catching heat.

The problem there is that a gun manufactured before 1899 doesn't shoot anything but black powder. If the gun is legal, so is the powder.

So they were arrested for disorderly conduct.

According to Glenn Becks site that means

which is defined, by law, as an action with a firearm “calculated to alarm.”

According to Texas it also means, abusive language, making a smell, being noisy, being offensive....
But hey, lets give the world of Beck the benefit of the doubt and go on the line they want. Why did they edit the line they used?
Is it because it rips apart their other argument about old revolvers not being firearms?

[soopaman2]

Originally Posted by Tribesman

So they were arrested for disorderly conduct.

According to Glenn Becks site that means

According to Texas it also means, abusive language, making a smell, being noisy, being offensive....
But hey, lets give the world of Beck the benefit of the doubt and go on the line they want. Why did they edit the line they used?
Is it because it rips apart their other argument about old revolvers not being firearms?

Yechh Glenn Beck? (edit, anyone but him to prove an argument, the guy is a far right wing lunatic. He got kicked off of Fox News, a hard thing to do.))

I suppose Jesse Ventura is a legit source now too. There is a forum of lunatics called godlikeproductions meant for you, just do not mention certain words or get banned. (PM me for the list ;P)

There is a clear difference between single action black powder guns, and modern weapons.

Black powder guns have a high chance of discharging on being dropped.

Look I am pro gun, so not judging these guys, just saying I get the lawmakers point. I also got experience with vintage arms, and they got hair triggers/ fire easily being dropped (let me clarify, trigger pull is hard on these, but a hard drop can discharge them, as opposed to a modern Glock or Sig Sauer handgun.)

edit: My experience comes from a family members Colt Peacemaker, I shot for years, I dropped it once and nearly killed one of my uncles pigs.

The older mechanisms are just not as reliable, or safe.

Yechh Glenn Beck?

I suppose Jesse Ventura is a legit source now too.

There is a clear difference between single action black powder guns, and modern weapons.

Black powder guns have a high chance of discharging on being dropped.

Look I am pro gun, so not judging these guys, just saying I get the lawmakers point. I also got experience with vintage arms, and they got hair triggers.

From the video it looks like one of the individuals who was arrested problems with the police arose from his rifle not his black powder revolver.
Could that be another misrepresentation for the world of Beck?

[soopaman2]

Originally Posted by Tribesman

From the video it looks like one of the individuals who was arrested problems with the police arose from his rifle not his black powder revolver.
Could that be another misrepresentation for the world of Beck?

Nah tribesman, I just got bad experiences with the Beckster in my past. Too many lies, and to too far right for Fox News...Just saying... You can get my skepticism on what he says.

He may even be right this time. I cannot know. I do not see these men as satans or Hitlers.

Just irresponsible. In my opinion of course.

(edit in all fairness the thread title says pistols, you brought up rifles. I gave my experience with pistols.)

Give them a small fine, and let them go. They did something stupid, but not detrimental to society as a whole.

Is there a Texas law to back this? If so, then all our debates are moot.

No law, then apologize and free these men, all charges dismissed.

My (our) personal opinion is crap.

I am actually happy to see vintage firearm afficianados.

(edit in all fairness the thread title says pistols, you brought up rifles. I gave my experience with pistols.)

I only brought up rifles as one persons problems seemed to arise initially over the question of if his rifle he had slung had been made safe, not his pistol which he had holstered.
It just raises another level of doubt over what the article is claiming.

Is there a Texas law to back this? If so, then all our debates are moot.

Yep its the law which the Blaze chooses to cut almost all of the words out of to try and make it a scary story.
Other jurisdictions call it disturbing the peace, not disorderly conduct.

[Platapus]

It does not sound like they were illegally arrested if the arresting officers believed, in good faith, that these men were in violation of PC 42.01.

It will be up to the DA to decide whether to press charges (which will probably be dropped).

But I don't see anything illegal about the arrest. Of course we are only hearing one side of the issue.

[soopaman2]

Originally Posted by Tribesman

I only brought up rifles as one persons problems seemed to arise initially over the question of if his rifle he had slung had been made safe, not his pistol which he had holstered.
It just raises another level of doubt over what the article is claiming.


Yep its the law which the Blaze chooses to cut almost all of the words out of to try and make it a scary story.
Other jurisdictions call it disturbing the peace, not disorderly conduct.

No harm no foul.

Disorderly conduct is a "catch all" American LEOS like to use, when they need court revenues.

I caught a disorderly once for laughing at and ridiculing a LEO when he got peed on by a handcuffed drunk on the boardwalk.

The perp literally hugged him, legs around him and all (the officer) and peed his own pants, funniest thing I ever saw, I got a ticket for it....

Pardon my disgust for disorderly conduct, and how it is abused.

I did ridicule the officer, he was just mad I was sober, and unable to arrest and detain.

edit: The fellow in cuffs caught a pepperspraying. I had to pay a fine for laughing. Anyone want more stories from my youth, I can show you real police injustices, not this crap.

late edit? Our crime? he smelled pot.

Didn't find any, just smelled it...

[Armistead]

Just another case of illegal arrest and police misuse of power. They can't use firearm laws, so they make up as they go, such as disorderly conduct and clear not the case in these videos.

My guess is they will have their hands full when people come protesting in mass carrying guns.

I once got a disorderly conduct charge for 'sleeping on a grassy knoll'.

[ETR3(SS)]

To continue with the thread hijacking on DC. I got a ticket for disorderly conduct once when I was a kid for mooning a bus with the girls BB team on it...while I was driving...at night. Oh and did I forget to mention I received the ticket by mail after an officer called my house to speak to me about it? Small town and country cops are terrible compared to my experience with police departments from larger cities.