Exclusive: Officers Falsely Arrest Citizens for Lawfully Carrying Antique Black Powder Pistols

By: Joshua Cook
33

Open Carry Texas is a grassroots organization that seeks to educate the public about open carry in order to get public support for the next legislative session.

amosarrestedThe organization’s website states: Open Carry Texas (OCT) is an organization dedicated to the safe and legal carry of firearms openly in the State of Texas in accordance with the United States and Texas Constitution and applicable laws.


Open Carry Texas has gained much attention recently. Benswann.com’s Kristin Tate reported on a peaceful 2nd Amendment rally they organized last week.

Today, however, 2 members of Texas Open Carry were arrested on the TX state capitol.

According to the Open Carry Texas Facebook page the two men arrested were upgraded to class A misdemeanor charges, criminal trespass with deadly weapon.

Joshua Cook asked Vice President and Chief Communications Officer Victoria Montgomery about what happened today. Listen to the exclusive interview below.

From Open Carry TX website:

Our purpose is to 1) educate all Texans about their right to openly carry rifles and shotguns in a safe manner; 2) to condition Texans to feel safe around law-abiding citizens that choose to carry them; 3) encourage our elected officials to pass less restrictive open carry legislation for all firearms, especially pistols; and (4) foster a cooperative relationship with local law enforcement in the furtherance of these goals with an eye towards preventing negative encounters.

The following two tabs change content below.

Joshua Cook

Joshua Cook is a writer and a political activist. His work has appeared on DrudgeReport, InfoWars, Reason.com, WND.com, Breitbart.com, DailyCaller and FreedomOutPost.com. If you have any tips please email him at [email protected]
Support the Truth In Media Project


"Like" Ben Swann on Facebook
  • Richard W.

    I feel like the only way we can win these kinds of fights is to start suing the crap out of the officers responsible and the county they work for. If the courts uphold the constitution and the law, then these people will start losing money and perhaps things will then change. Still unlikely though…

    • Kimber_TLE

      So the choices are:

      ► Bring lawsuits that will cost taxpayers money defending, so that taxpayers will be enticed into demanding officials to implement change.
      ► Vote those who support change into office.

      Chuse wisely, Grasshopper!

    • tinynot

      one problem with that, the court does in fact, make up the law as it goes, and the COURT will not bite the hand that feeds it! they wont do it! your plan B was? i would love to hear it. others would also i am sure!!!

      • Vince

        That’s what jury nullification is for

    • Mike Martin

      Then stupid democrats will just say we need more money and raise you taxes! LOL Yah!!! Sue em! Real smart!!!

  • 1Finngal

    Law enforcement personnel have become stooges of the Obama administration. Oddly, many of the law enforcement personnel you see in these videos documenting police abuse appear to be drugged, hypnotized, or otherwise in a stupor and unable (unwilling?) to respond to citizens — other than to violate the oaths they all took and harrass and abuse innocent citizens. The technology does exist today to “hack” the human mind. I have heard that when people reach out to these law enforcement personnel and appeal to their human, feeling side, they are more likely to have a positive outcome. Personally, I think many of them are being brainwashed or in some manner being controlled to behave in ways they normally would not. We need a whistleblower to reveal what their “new training” consists of.

    • Mike Martin

      LOL!! PIGS!!! They have always been pigs! They torture our youth to make them fear the man from day one! They all just want to be one step above you and the law. Them pigs is on their own power trip and don’t need brain washing and sure, if it’s one on one you better shoot first or you’ll be dead!

  • JoshuaCJCohen

    Deadly force in the defense of unlawful arrest has been argued successfully in front of the Supreme Court. If you are being arrested in contradiction to US Law you may kill your assailant. Am I suggesting you shoot on officer? Maybe. If there’s only one.

    • Standish

      What case was that please?

    • Roger

      In the State of Texas, it is not legal to resist arrest even if the arrest is later determined to be unlawful. However, also in the State of Texas, The Texas Law states that: If prior to offering any resistance(operative words), a Officer uses greater than necessary force to effect a arrest, you may defend yourself using necessary force up to and including deadly force. If you do and survive you will have to convince a Jury that you were justified. People have used the defense with success (some were dead though including the officer). (Google Gary Blair and Andrew Pigg famous case in Dallas in the late 80′s)

  • al Wolf

    curb stomp those pigs. your cams are worthless. you want your rights? fight for them!

    SAVE A LIFE, BBQ A PIG!

  • Heartland Patriot

    But, but, they did it for “officer safety”. Remember boys and girls, that phrase excuses ANY bad behavior by the police, up to and including shooting folks who have done nothing to deserve it, or against whom the use of deadly force wasn’t the correct option. BTW, I expect this sort of dirty stuff from the Austin Texas Police Department, seeing that they are ran by a liberal-progressive (leftist) Democrat political structure and that their police chief is a former LA cop. But this action by the Texas Department of Public Safety is much worse and sets a very bad precedent statewide in Texas.

  • GearheadZ Mechanical

    MILLIONS AND MILLIONS OF DEAD COPS!!! I ALWAYS REJOICE WHEN I SEE ONE GET DEAD!!

    • RhetoricalQuestion

      Ease up on the caps lock, chotchky. Expressing your opinion is one thing, but being an ass isn’t cool.

      • GearheadZ Mechanical

        suck on a peepee ok !

  • Mike Martin

    I think it would be cool if your reporters could write a whole story about this stuff. Because after i pay my obamacare bill I can’t afford to pay for the extra bandwidth to run these videos. It also sucks that all you supposed freedom fighters are phishing email addresses just to post! And the ads, Don’t get me started on exploiting peoples pain!

  • Standish

    I can not believe Texas does not allow open carry for handguns….Texas talks a lot but they have liberal policies.

    • Ascencion Gomez

      Taxes talks the talk but doesn’t walk the walk. VA is open carry and I haven’t had any problems…

  • Tim

    Ok, just for the record, it’s illegal in Texas to open-carry. The officers couldn’t really tell if that pistol was an antique or not, so let’s err on the side of reason and that was that the police saw a man open carrying a pistol where it’s illegal and did their jobs. Let’s be reasonable.

    • xexorz

      Major and obvious differences between modern pistols and black powder pistols. Even if they made the error, as soon as they figured out it was a black powder gun they should have apologized and released the man (and begged for understanding).

    • you’restupid

      it is not illegal to open carry in texas

      • RhetoricalQuestion

        It is illegal to open carry what’s defined as a handgun, which falls under the definition of a firearm in state law. It’s been that way since Reconstruction. State law’s definition of a firearm, however, specifically exempts curio and antiques pre-1899, so a black powder revolver such as an 1851 Colt Navy can be openly carried.

        • Walt

          Only if you want a lot of trouble. Police officers cannot tell if it is pre 1899 or post 1900. They will arrest you. These were not San Antonio Police, the were DPS who are known for their tuff stance on violating any part of the law.

          • M. Cameron O’Dell

            He is a COP, he carries a F’n GUN. I can most certainly expect him to know something about them! If he is too stupid to tell the difference between a CIVIL WAR RELIC and a modern handgun, HE HAS NO BUSINESS ENFORCING ANY LAW.

    • GothVanhellsing

      Really now, mind listing the statute that’s in? Or are you just making it up as you go along?

  • MikeMaunu

    Why are you not filing a 42:1983 lawsuit against all these officers for a violation of rights under the color of law. Until these guys have to pay they will not stop these activities.http://www.law.cornell.edu/uscode/text/42/1983

  • Mr Ghue

    Open carry advocates. The new haters of the pigs and the fuzz. Next they’ll be burning selective service cards. Taking over universities and legalizing drugs.

    • James

      We can at least hope for what you mentioned to happen, at least until it really does happen..

  • oath not taken lightly

    So as in the ALAMO last week they were taking pic’s of everyone. So we need to now start a data base on them. There are more of us then them. So some of you great with web sites should get a site up that people can start sending in pic’s ,names, Badge numbers, city they are in, of these brown shirt lawless oath breakers breaking the laws. we can track them better then they can track us. Maybe some of you could even do up a I phone app. “Americas most wanted oath breakers.” Bet they would shit if we showed up on the public street in front of their house and protested about their spineless acts ….but then they would just shoot us and say we were trespassing on public land. Spineless traitors they all are. Note: in the video almost all the officers were high ranking. Humm…. paying their dues are they little ones……..

  • bonerjones7

    “pieces of shit these officers are”, as Yoda would say….

  • Ricky Ross

    “It is difficult to get a man to understand something, when his salary depends on his not understanding it.”

    ― Upton Sinclair

  • CEvonK

    So, why didn’t they exercise their rights to defend themselves?