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Police Let Texas Man Carrying Rifle Go

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.

submitted by: ElectricEye
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Police Let Texas Man Carrying Rifle Go. Open Carry Texas accused the SAPD of lacking the proper training, experience and common sense on guns and Texas law.
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Hits: 2999 | Favorites: 0 | Emailed: 0 | Rating: 2.0 | Category: News & Politics | Date: 04/04/2014
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Male, 40-49, Western US
 3227 Posts
Saturday, April 5, 2014 3:23:01 PM
Its idiots like that who create more laws that the rest of us have to be constrained by.

Female, 70 & Over, S. America
 703 Posts
Saturday, April 5, 2014 10:44:59 AM
People who do this poo are stupid and inciting their own demise.

Female, 50-59, Europe
 7008 Posts
Saturday, April 5, 2014 5:11:12 AM
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.

Male, 18-29, Canada
 143 Posts
Saturday, April 5, 2014 1:46:02 AM

We have really low gun crime too. Funny that!.

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?

Male, 30-39, Europe
 1247 Posts
Saturday, April 5, 2014 12:24:27 AM
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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