CRIME THREE MEN ‘ILLEGALLY’ ARRESTED FOR OPENLY CARRYING ‘BLACK POWDER’ PISTOLS IN TEXAS – HERE’S WHY THEY ARE WILLING TO ‘FIGHT THIS ALL THE WAY TO THE SUPREME COURT’

Three people were reportedly arrested on Friday for openly carrying Civil War-era pistols during a pro-gun protest outside the Texas Capitol. Gun rights activists tell TheBlaze the arrests were unlawful as it is legal in Texas to openly carry a pre-1899 antique firearm.



Terry Louis Holcomb, 44, identified as a Huntsville-area pastor, and Scott Douglas Smith, 50, a military veteran from San Antonio, and Gary Hayes, a quadriplegic, were reportedly arrested by state troopers in Austin and charged with disorderly conduct, which is defined, by law, as an action with a firearm “calculated to alarm.”

However, witnesses say the men, one of which was in a wheelchair, had their “black powder” pistols holstered and weren’t causing alarm in any way. More than a dozen other gun-rights activists openly carrying rifles walked free.

Under Texas law, a gun manufactured before 1899 isn’t even considered a “firearm,” therefore not subject to open carry laws:

(3) “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) 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.

All three of the arrests were reportedly caught on video and uploaded on YouTube. In the first video, an individual presses police to clarify how the pro-gun activist was carrying his pistol (holstered) in a way “calculated to alarm.”