Men Legally Carrying Firearms Arrested at TX Capital, Police not aware not illegal

[taz-2005]

Oops, we messed up what can we charge them with?

Update: Land Commissioner Jerry Patterson and Governor Candidate Tom Pauken have demanded that the charges be dropped against these men because it is not illegal to open carry the guns the men had in the manner they carried them. Also, it has been confirmed that it was three men who were arrested, not just two. Also, it has been confirmed that the group of men were part of an organization called Open Carry Texas.

At least 3 men (one a war vet in a wheelchair) were arrested today, 9/13/2013, at the Texas Capitol in Austin, TX after State Troopers, not aware of the law, arrested them and then had to think of other charges to put on the men after finding out that it was not illegal for them to open carry the guns because pre 1899 black powder pistols are expressly exempted from the firearms law.

- See more at: Men Legally Carrying Firearms Arrested at Texas Capitol 9/13/2013 ? Troopers Not Aware of Gun Law Exemption (VIDEO) | Texas GOP Vote

 

[xtry51]

Another reason why you shouldn't trust cops.

 

[gearjunky13]

I can not blame a police officer if they do not know every law and have to call it in and check, but why oh why do you have to go full retard with the (we have to find something to charge them with) instead of just saying, sorry we made a mistake your free to go

It take one hell of a duchebag to want to try and ruin someones life just to save face or just because you personaly dont like something someone is doing legally

 

[mark056]

Texas? To hear some talk it is gun owner's paradise and please don't say "oh it's Austin, that's different..."

 

[P-14]

Texas? To hear some talk it is gun owner's paradise and please don't say "oh it's Austin, that's different..."

Austin is the NYC of Texas. Yeah, it's different.

 

[mark056]

Austin is the NYC of Texas. Yeah, it's different.

yeah just like Nashua and Manchester aren't really in NH....it only takes one cancer cell to begin the destruction of the body

 

[davidmcbeth]

I can not blame a police officer if they do not know every law and have to call it in and check, but why oh why do you have to go full retard with the (we have to find something to charge them with) instead of just saying, sorry we made a mistake your free to go

It take one hell of a duchebag to want to try and ruin someones life just to save face or just because you personaly dont like something someone is doing legally

Well every citizen is demanded by law to know every law we are subjected to....so that would include cops.


No excuse. IMO

 

[falcon123]

Ignorance of the law is no excuse. Goes double for cops, aka LAW enforcement.

 

[Quiet]

Austin is the NYC of Texas. Yeah, it's different.

yeah just like Nashua and Manchester aren't really in NH....it only takes one cancer cell to begin the destruction of the body

Austin is the P-Town of Texassss

 

[Hiltonizer]

Texas? To hear some talk it is gun owner's paradise and please don't say "oh it's Austin, that's different..."

Only people that say that Texas is a gun owners paradise are idiots who've never looked into the laws and take it on the word of Family Guy re-runs. It's average at best. The northern half of New England is better.

 

[Bonesinium]

I can not blame a police officer if they do not know every law and have to call it in and check, but why oh why do you have to go full retard with the (we have to find something to charge them with) instead of just saying, sorry we made a mistake your free to go

It take one hell of a duchebag to want to try and ruin someones life just to save face or just because you personaly dont like something someone is doing legally

There is your answer.

There seem to be a lot of these incidents popping up over the last few....decades. Why that 'it's only a few bad apples' theory is still kicking around, is beyond me.

 

[KBCraig]

Once an arrest is made, You just can't "unarrest" them.

Of course you can. It happens every time a traffic summons is issued in Texas. When the blue & red lights go on, the driver has been arrested.

The officer can then release the driver with no charges, issue a warning, issue a summons (all Traffic Code violations in Texas are Class C misdemeanor or higher, and a ticket is a promise to appear; a form of bail), or effect a custodial arrest.

There are only two Traffic Code violations in Texas that can't result in custodial arrest: speeding, and open container.

 

[Bonesinium]

Of course you can. It happens every time a traffic summons is issued in Texas. When the blue & red lights go on, the driver has been arrested.

The officer can then release the driver with no charges, issue a warning, issue a summons (all Traffic Code violations in Texas are Class C misdemeanor or higher, and a ticket is a promise to appear; a form of bail), or effect a custodial arrest.

There are only two Traffic Code violations in Texas that can't result in custodial arrest: speeding, and open container.

I think he means you can't just make it like an arrest never happened. There is a difference between being arrested and being charged. You can be arrested and not charged.

 

[mpkeelee]

Some cop will probably lose his job, unless they have a completely perfect history and some douche-nozzle pulls some strings. But those cops really should have known the laws.

 

[Lank]

yeah just like Nashua and Manchester aren't really in NH....it only takes one cancer cell to begin the destruction of the body

Eastsouthcentralmanchangelos?

 

[Glockster30]

yeah just like Nashua and Manchester aren't really in NH....it only takes one cancer cell to begin the destruction of the body

Don't know much about Nashua, but Concord is worse than Manchester.

 

[Apathesis]

Don't know much about Nashua, but Concord is worse than Manchester.

Shithole. Nashua is where the scum from Lowell, Lawrence, Billerica, etc move on up to. Friend's neighbor was burgled twice in one month.

 

[Tim L]

This

Well every citizen is demanded by law to know every law we are subjected to....so that would include cops.


No excuse. IMO

 

[taz-2005]

Some cop will probably lose his job, unless they have a completely perfect history and some douche-nozzle pulls some strings. But those cops really should have known the laws.

Doubt it, the union will protect them.

 

[JoeT]

putting the bullshit arrest aside for a moment....

how many Boston Cops (or Mass State police) would answer questions and discuss the situation with people. especially those with cameras

 

[mikem317]

NH is infinitely better than TX when it comes to guns. And illegals.

 

[Len-2A Training]

I can not blame a police officer if they do not know every law and have to call it in and check, but why oh why do you have to go full retard with the (we have to find something to charge them with) instead of just saying, sorry we made a mistake your free to go

It take one hell of a duchebag to want to try and ruin someones life just to save face or just because you personaly dont like something someone is doing legally

If they arrest someone (see Joe's response below) and later apologize, they leave themselves wide open (and guilty by admission) to "illegal arrest" lawsuits that they WILL LOSE! That is why gov't officials and other corporations will never apologize for anything . . . the legal ramifications are huge.

So they look for anything else they can hang on them to legitimize the illegal arrest and avoid a civil lawsuit that is a slam-dunk!

Once an arrest is made, You just can't "unarrest" them.

This is as I was taught, if you are unsure of the law take all the information, research the law and summons the persons, if in fact the law was violated.

So now the cops are most likely facing a civil suit for a false arrest.

I was taught the same by my first Chief!

 

[P-14]

Austin is the P-Town of Texassss

Said better than I could.

 

[ISOTOX]

Once an arrest is made, You just can't "unarrest" them.

This is as I was taught, if you are unsure of the law take all the information, research the law and summons the persons, if in fact the law was violated.

So now the cops are most likely facing a civil suit for a false arrest.

DOUCH BAGS! Civil suit with a small cash prize is in order.

 

[Wendell]

"I'll have that .32, Bob."

 

[Devils Paintbrush]

I can not blame a police officer if they do not know every law and have to call it in and check, but why oh why do you have to go full retard with the (we have to find something to charge them with) instead of just saying, sorry we made a mistake your free to go

It take one hell of a duchebag to want to try and ruin someones life just to save face or just because you personaly dont like something someone is doing legally

I do not expect a game warden to have the knowledge that a patrol officer has, nor do I expect a patrol officer to know all laws pertaining to wildlife laws and violations.

I DO expect officers whose patrol area involves special circumstances (such as the state capitol in Austin for example) to know the specific laws regarding carry on Capitol grounds.

I have carried concealed over a good part of Austin, but have never been to the statehouse. I am not an open carry guy and it is obvious that the circumstances were engineered on purpose.

I believe law enforcement officers who have the authority to deprive you of your liberty will continue to do things like this until they realize they have consequences for their actions.

It is pretty certain though that Austin capitol grounds officers will not be making this mistake again.

 

[richc]

Austin is the P-Town of Texassss

A co-worker was in Austin on business. He went out on the town with his client and they partied hard.

Client dropped him off at the hotel and he decided to get another beer or two before hitting the hay. He sees a bar across the street and wanders in.

So he walks up to the bar and orders a beer. Being rather tipsy he failed to notice a few things upon entering. First... there were only men in this bar. Upon closer examination there were quite a few guys dress in leather chaps. Then he noticed the all male porn playing on the tv screens. Finally when he was surrounded by a bunch of guys hitting on him he realized he'd wandered into a gay bar.

Oh... the name of this bar... "Dicks". You can't make this stuff up...

 

[Devils Paintbrush]

Okay, But, You should do some homework. In most states game wardens are empowered to enforce all the laws of the state, Especially laws pertaining to firearms, as they deal with them daily. The reason that they are empowered to enforce all the laws there are many times(Yes, even in Mass. ) that they are the only law enforcement presence in the area. They are fully sworn officers of the state, they have thier own empowering legislation (Statute law) that they derive thier police powers from. I think that you will find that most games wardens have the knowledge that the patrol officer has, as they go to the same academy and with those patrol officers.

Nothing personal against game wardens they do a good job in my opinion.

I would be a little more forgiving if a game warden detained me for wearing body armor on a legal hunt. My position would be a bit different if I was arrested for a short lobster that wasn't.

Everyone makes mistakes, but an officer under the color of law with the ability to detain me should be better versed on law in his patrol area.

When I go to Texas and carry, I make sure I know the carry laws that are specific to Texas (informing an officer if you are carrying if pulled over for example) so I avoid mistakes.

The officers didn't seem to have any issues with slung rifles. Why didn't they have any info on black powder handguns?

And when they came to the realization that they could be in the wrong an arrest was still made.