TexasCHLforum.com

linuss wrote:

philip964 wrote: I am unfamiliar with the law regarding open carrying black powder pistols made before 1900.

Or for that matter for failing to identify yourself when asked by LEO.

Laws are actually quite simple: In the state of Texas, any black powder weapon made before 1899, or any replica of such made before 1899, is not considered a firearm in the eyes of the law. If it's not considered a firearm, you aren't openly carrying a firearm. I

As for identifying yourself, you're only required to identify yourself if you're doing something that requires you to, ie driving, or carrying a CHL. If I'm walking down the street and an officer stops and asks for my name, I can choose to give it or not. SCOTUS has ruled that the simple act of stating your name fulfills the "Stop and identify" laws in the US, and you cannot be forced to do more unless the task you're doing requires something more (such as a DL for driving, and it's a traffic stop).

Right2Carry wrote: unless they are carrying documented proof that their black powder firearms were made before 1899 then I don't see how they are in the right. The officers can't be expected to make a determination on whether the firearms are genuine or fakes. The offenders will get their day in court to plead their case.

The onus is on the officers to prove a law was broken and not for the citizens to prove a law wasn't. Your idea that an officer should be able to arrest anyone for anything because they can't be assed to actually know the law and let the courts sort it out is scary.

No that is not what I said so stop twisting words. The officer has no way of determining whether the gun is pre 1899 without some documentation from the owner. If a person is going to try and circumvent the law by digging up an obscure law they should be required to provide proof that they meet the law. Open carrying of a handgun is illegal in Texas, since the object looks like a handgun under all definitions of a handgun except for the pre 1899 black powder exception, I believe it to be reasonable for the owner to have to provide proof that it is pre 1899 or a replica of a pre 1899 black powder gun. Most citizens not out to antagonize wouldn't have a problem providing proof of pre 1899.

If the individuals for open carry were really serious about promoting open carry they would sit down with DPS before the protest was planned to explain their actions and give advance warning about carrying pre 1899 black powder pistols in accordance with the law. This wouldn't make for good you tube videos and wouldn't fit their agenda of antagonizing DPS.

I agree with others who have stated this does more harm than good and is not the way to advocate open carry.

jrandyw wrote:My understanding is that these men were breaking no law. It seems they were arrested under authority law enforcement wish they had, rather than authority they actually have.

unless they are carrying documented proof that their black powder firearms were made before 1899 then I don't see how they are in the right. The officers can't be expected to make a determination on whether the firearms are genuine or fakes. The offenders will get their day in court to plead their case.

tbrown wrote:

Right2Carry wrote:You would think those idiots would have learned by now that they are going to be arrested if they carry black powder pistols.

I wonder if some of our grandparents said the same about Blacks who tried to vote.

Really you are going to go there with this type of comparrison? SMH

philip964 wrote:http://www.chron.com/news/texas/article ... cmpid=hpts

Did not identify themselves. Given the opportunity to leave. Open carrying black powder pistols.

I am unfamiliar with the law regarding open carrying black powder pistols made before 1900.

Or for that matter for failing to identify yourself when asked by LEO.

You would think those idiots would have learned by now that they are going to be arrested if they carry black powder pistols.