Police Let Texas Man Carrying Rifle Go

Submitted by: ElectricEye 3 years ago in


A San Antonio man was reportedly arrested while openly carrying his rifle while on a walk near his home on Monday. The incident, which was video recorded by the gun owner, started out as a calm and reasonable conversation but ended dramatically with cops tasing the man before they put him in handcuffs.

open carry rifle

While it is perfectly legal to openly carry a rifle in Texas, police reportedly arrested Henry Vichique, 19, under a local ordinance that apparently prohibits residents from carrying a loaded rifle or shotgun within city limits. In this video posted on YouTube Monday, Vichique is seen being approached by officers and immediately ordered to put his rifle on the ground. I"m not doing anything wrong, sir, Vichique replies to the command. One of the officers then claimed they received complaints that he was pointing his rifle at people. Vichique denied pointing his gun at anyone and informed officers that his rifle was loaded. After several minutes of chatting between Vichique and a reasonable-sounding officer, it seemed as if the situation would be diffused and the gun owner would be sent on his way. You are not under arrest. You are free to go, the cop says in the video. Youre just going to happen to walk home, and Im just going to happen to make sure you get home safely and as soon as you get home safely, you will never see us again. Then the situation took an unexpected turn.

We are going to take that gun off your shoulder, do you understand that? the officer is heard saying. Do you understand that? The other officer then asks Vichique if he is going to fight if they grab his gun, to which he replies, Im not going to grab it, sir. I have not been arrested and the law says unless Ive been arrested, you cant take it from me. Though he had already confirmed several times that his rifle was loaded, the officers asked him again. Its chambered, Vichique replies, claiming again that hes not breaking any laws. Then, suddenly, an officer pulls out his taser uses it on Vichique, who mumbles that he is being unlawfully arrested and that he doesnt consent to any searches or seizures.




In a Tuesday press release Open Carry Texas argued the ordinance under which Vichique was arrested directly violates state pre-emption laws pertaining to firearms as contained in Local Government Code 229.001(a)(1), which states: a municipality may not adopt regulations relating tothe transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, ammunition, or firearm.
San Antonio Ordinance Section 21-16 states: It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city.
The pro-gun group also accused the San Antonio Police Department of lacking the proper training, experience and common sense on guns and Texas law.
Messages left with the San Antonio Police Department seeking clarification on the local ordinance and whether it is overruled by state law were not immediately returned.
Open Carry Texas said it plans to hold a rally in support of Vichique on April 6 at 1 p.m. outside of the San Antonio Police Department.

Open Carry Texas accused the SAPD of lacking the proper training, experience and common sense on guns and Texas law.
There are 28 comments:
Male 3,231
Its idiots like that who create more laws that the rest of us have to be constrained by.
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Female 695
People who do this poo are stupid and inciting their own demise.
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Female 8,007
I agree- and it has got sod all to do with being subjugated. To be deliberately provocative with a loaded rifle is asking for trouble, had he gone on to shoot several children there would be an outcry, had someone found him threatening and shot HIM with their holstered sidearm there would be an outcry. Just because it is legal to do something does NOT mean it is sensible or wise. Police are supposed to protect- and if they think someone is being a twat they might let it ride, if they think that twattishness will get someone killed then they will act.
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Male 150
@auburnjunky

[quote]We have really low gun crime too. Funny that!.[/quote]

wow, that`s so relevant. Try to stay on point, champ.
Pirate is saying it`s lacking in common sense to carry a loaded, highly visible firearm around in public just because you can. It`s going to frighten people.
You know this is true. You know this guy was a deliberately confrontational idiot. That`s why you`ve moved off topic, yeah?
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Male 1,243
It does seem to go against common sense to be openly carrying a loaded rifle in a city environment. Mind you some people just want the attention.
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Male 10,338
Come to Alabama pirate. Not the only place that allows non permit open carry, but one of them.

We have really low gun crime too. Funny that!
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Male 108
I feel like we, as a nation, consistently fail to evaluate context. I am a HUGE supporter of gun rights. Walking around outside your property or the gun range (or somewhere else appropriate to shoot) with a loaded weapon is crazy. Imagine the backlash if someone called it in, the police did nothing, and that person shot someone. Conversely, if the person was by his property walking back from his buddies house in a rural neighborhood after shooting targets, the police were being ridiculous. But my instinct is that the second situation is unlikely. My gut says: carrying around a loaded long gun in anything but very rural areas = looking for trouble.
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Male 89
He does not consent to seizures, well after getting tazed he had a seizure. ha!
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Male 195
Unless that state statute specifically exempts local ordinances, then the state statute is controlling. Bad cops. The right bear arms shall not be infringed. Even if you want to argue militia after Heller, and the like I would bet the Texas constitution would include this guy in the militia. Like I said bad cops. Cops are not there to save you but to write a report about what they think happened.
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Male 675
"I see people with a sidearm all the time."

Yeah, they`re called the police.

I`ve been all over this country in my 45 years of life, and I`ve yet to go anyplace where I see regular people just walking around everywhere openly carrying firearms on their person. You are going to have a very difficult time convincing most people such a place exists.
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Male 3,163
If he was black, he woulda got two in the head. He should be happy that he was just tased.
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Male 9
the biggest problem is that even if it is legal to carry open like he did. anyone who does this is asking and looking for police confrontation. they are looking for there 15 min. of fame while trying to make the police look bad. In some states its legal for to consenting adult siblings to have sex dont mean you should.
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Male 10,338
I see people with a sidearm all the time. Doesn`t bother me. Granted, I don`t follow them to see if anything happens.
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Male 675
You`re still missing the point. Carrying either one on a public street, in a neighborhood, is not a good idea (the cop in the video is correct; it usually leads to trouble - nothing good can come out of it).

How many people do you see doing that? And what happens to the ones who do? Connecting the dots yet? Normal people don`t walk around openly carrying guns on their person in public. The only ones who do are people who are going to shoot someone or something, or who are looking to have a confrontation of some kind. (Do you think it`s accidental that the kid just happened to be carrying a video camera?)

Either you`re very dense, or you`re also one of those people who likes to provoke others.
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Male 10,338
What`s the difference in carrying a rifle on a sling, and carrying a pistol in a holster?

Nothing.
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Male 675
Seriously? It should be a matter of common sense not to walk around in neighborhoods with a rifle. What is the purpose if not to shoot something/someone, terrorize your neighbors, or start a confrontation with law enforcement?

Is it really that difficult to grasp that it`s a bad idea? Normal people don`t walk around carrying guns in their neighborhoods, especially rifles, for no useful reason.

I served 5 years active duty in the USMC, spent almost 7 years as a cop, am a member of the NRA, own several firearms, and enjoy target shooting. I`m not anti-gun or anti-gun rights. I`m anti-stupidity and pro common sense.
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Male 10,338
How the hell is it stupid?! You guys are so touchy.
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Male 675
"The only reason that is relevant is that it`s legal and the carrier`s right."

Talk about missing the point. Carrying a rifle down a neighborhood street simply because you can, and you have the legal right is stupidity in action. There is no legitimate purpose for it other than to incite a reaction and test the nerves of your neighbors and law enforcement. Surely you can`t really be dense enough to think this is a good idea?

I have no sympathy for anyone who doesn`t use common sense. Most reasonable people would expect carrying a rifle around the neighborhood to end up badly. The guy was looking for a confrontation - in other words, he was being an ass.
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Male 10,338
You come from a place where you are used to being subjugated. We are not used to that.
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Male 10,338
What are you talking about Madduck? Common sense says since I have a right to do it, I can wear it as if I was wearing a jacket or a hat.
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Female 8,007
Thats not really the point AJ- common sense not law should dictate not carrying a rifle around in public- and if someone lacks common sense then you can understand the police being concerned.
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Male 10,338
"There usually isn`t a very good reason to be doing such a thing."

The only reason that is relevant is that it`s legal and the carrier`s right.
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Male 10,338
Why is it bound to be threatening? I would feel SAFER in a public place if someone had a rifle.

Also, you can`t tell if it is loaded, so that point is moot.
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Male 675
That`s a tough spot to put a cop in; even a very reasonable cop. The law may allow for one to openly carry a loaded rifle down a neighborhood street, but people should realize that doing so is going to make many people (especially the police that have to look into it) very nervous. There usually isn`t a very good reason to be doing such a thing.

In the end, a big part of a policeman`s job in situations like this is to ensure public safety, which doesn`t include allowing a gun toting individual to make an entire neighborhood justifiably uneasy.

I could carry my handgun around on my hip most places I go in my state, but I never do. Why? Because it is almost certain I will not need it, and it will only make a lot of people very nervous and create unnecessary problems for me. It`s called common sense.
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Female 8,007
If you are walking around in a public place- one with people in it rather than a dedicated area- then carrying a loaded rifle is bound to be threatening- and should not be allowed. No matter what guns laws you have- that is just stupid.
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Male 2,578
My parents told me there was a time when they would go out by the creek with rifles in plain sight to shoot tin cans and things. One time to get headshots on an action figure.
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Male 2,729
Link: Police Let Texas Man Carrying Rifle Go [Rate Link] - Open Carry Texas accused the SAPD of lacking the proper training, experience and common sense on guns and Texas law.
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