Keith B wrote:Tic Tac wrote:Would it be acceptable for them to arrest all Hispanics? After all, "a police officer has no way of knowing" if the person is a citizen without checking.
Not quite apples to apples and a totally different situation.
In this case, the issue is the DPS officers know it is a pistol and being openly carried. Without evidence that the gun is 'a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition', then they have to act on the visual evidence that it is an open carried pistol and potentially meets the definition of a firearm, and arrest for it.
As for identification in the field, we are gun people. Many, MANY LEO's are not. And, personally, while I am a gun guy, I am more of a modern gun guy. I could not tell you that a specific model of black power pistol was a replica of a model made prior to 1899 or not without having to do some research.
Bottom line, they went looking for a fight, were told that if they just left there would be no fight, but they refused. They had one agenda, and that was to get arrested, and they succeeded. I personally hope they get charged with Disorderly Conduct for not leaving when offered the chance and it costs them a pretty penny for their antics.