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Texas man testing open-carry law told he’s ‘free to go’ – then tasered and arrested

April 3, 2014
Joe Saunders
Source …..

Texas gun rights activists are planning a rally on Sunday to protest the stun-gun arrest of a teenager arrested by San Antonio police for doing nothing more than exercising his constitutional rights.

According to San Antonio radio station WOA, the arrest occurred Sunday night, when police stopped 19-year-old Henry Gerald Vichique, who was carrying a loaded rifle strapped to his back.

During a 14-minute encounter recorded by Vichique, officers at first told him they had been called because of reports that Vichique was pointing the gun at people. Vichique denied doing anything wrong and repeatedly stressed that he was acting in accordance with the law.

He also asked repeatedly if he was being arrested and was told he was not. At what seemed to be the end of the encounter, the officer told Vichique he was free to go, but he was going to be followed home for his own safety.

“You are not under arrest. You are free to go,” an officer said in the video. “You’re just going to happen to walk home, and I’m just going to happen to make sure you get home safely — and as soon as you get home safely, you will never see us again.”

That’s when another officer arrived who had other ideas.

Vichique is ordered to surrender the gun and refuses because he has not been placed under arrest. Guess what happens next.

“The Taser malfunctioned and did not stop after the five seconds,” the police report states. “I had to manually shut off the Taser.”

According to WOAI, the police report state Vichique was arrested under a San Antonio ordinance that prohibits loaded weapons being carried in the street.

Open Carry Texas argues that that ordinance is illegal because of Texas state law that allows weapons. It also claims the officers who arrested Vichique “lacked training, experience, common sense, and a basic understanding of Texas law and rights afforded to Texans.”

The whole encounter is in the recording, but skip to the 8-minute mark. That’s when things go from bad to worse.

2 Comments leave one →
  1. upaces88 permalink
    April 5, 2014 12:45 am

    Yes, I do agree that we should all have the same rights here in Texas.
    I was raised with guns…my family, aunts, uncles, cousins, etc. all had guns. It was normal. Having said that. I don’t understand the necessity of, for example, wearing one on your hip when you go to the grocery story, shopping mall, etc.
    A little common sense is needed here.

    I owned/promoted, managed many nightclubs in Texas years ago. Some idiot walked into the club…placed his gun on the bar (like a total idiot)…I asked to go put it in the car. He refused. I told him if He didn’t, I would have to ask him to leave. Why?

    Common sense. When someone is in a nightclub…and they drink too much, tempers can get best of you and you aren’t thinking clearly. This worked for me: I politely requested that they lock their gun up in their car.

    I had No problems until one guy, a businessman got too drunk and started waving it in the air. I jumped the bar and took him down.

    Like I said, “Use a little common sense”

  2. G. Michael permalink
    April 4, 2014 10:14 am

    If I had been him, I’d have thanked the officers for protecting me while escorting me home, then I would have walked on home, no problem. Henry apparently doesn’t understand the extent of the paranoia against guns that the government and media have whipped up. While I appreciate his testing the limits, it is apparent that if he had been carrying a less visible weapon, such as a handgun, he probably would never have had a problem.

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