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SherwoodForest wrote:According to the common sense approach used in the cited examples of case law - CONTEXT of conduct matters - as well as the language used in the text of statutes.

If not presented in a threatening manner , and not functional/loaded - the PURPOSE for possession of these NON - firearms would appear to any reasonable person to be merely DEMONSTRATIVE......which was precisely the purpose for this lawful public demonstration - as well as the original intent of the legislature in providing the exception.

Takes us right back to my original point - that the initial order issued by law enforcement to leave constituted an act of suppression applied against the 1st Amendment rights of these Texans. They were then arrested for nonviolent disobedience of that order intended to suppress their civil rights.

Technically this arrest had nothing to do with firearms - even though in reality - it was ALL ABOUT "firearms".

In the process of intending to act to suppress the 2nd Amendment right - law enforcement officials actually suppressed 1st Amendment rights of these citizens.

I don't believe we know what the actual charges ended up being. Until then, I would hold off on that until we know for sure.

SherwoodForest wrote:Reality check. Those folks at the Capitol were engaged in a peaceful, and lawful assembly, and were violating NO TEXAS LAW.

The Travis County D.A.'s office did not like the message they were communicating plain & simple.

These people that were arrested Sunday were defending YOUR Texas Constitution.

Not. Those people were arrested because they wanted to push the limits. They may have well been breaking the law by carrying pistols that possibly meet the definition of a firearm. AND, they were anything but peaceful. I saw the video and heard the rhetoric they were yelling. That wasn't peaceful. And I don't need those types of yahoos defending anything for me.

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.