[VIDEO] Paralyzed Vet Arrested for Openly Carrying Black Powder Gun Which is Not Legally a Firearm
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According to several media reports, Texas State Police arrested a wheelchair bound, paralyzed, disabled veteran outside of the Texas State Capitol building after one of the troopers became “alarmed” at the fact that the elderly gentleman was carrying an antique, black powder handgun openly in a holster.
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Gary Hayes was placed under arrest after an approximately one hour encounter with multiple police and security officers, during which, one of them became “alarmed”.
Mr. Hayes was told to place his antique firearm in his vehicle (he was driven to the location by a friend), but declined as he was breaking no Texas laws.
Under Texas law, a gun, or a black powder replica of a gun, manufactured before 1899 is not even legally a firearm,
(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..
Hayes was one of three people arrested outside of the Capitol for carrying an antique, black powder firearm.
The open carry movement, meant to raise awareness of legally carried firearms, has been growing in Texas in recent months. The state bans the open carry of mode
rn handguns, but openly carrying long guns as well as antique guns is allowed under Texas law.
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