On September 13th, three Texas men were arrested for openly carrying legal pistols in Austin, Texas. All three men had Civil War era pistols which are not considered firearms under Texas law. Terry Louis Holcomb, a Huntsville area pastor, Scott Douglas Smith, a military veteran from San Antonio, and Gary Hayes, a quadriplegic, were arrested by state police for disorderly conduct, a charge that means the possession of a firearm for the purpose to cause alarm.
Since all three men were carrying guns manufactured prior to 1899, they are considered antiques and exempted from state law on open carry. Holcomb and Smith are out on bond, while Hayes has opted to remain in jail. It is the second time in 2 weeks that gun owners were arrested for legally possessing legal firearms. The previous arrest of three men, who were taken into noncustodial arrest, who were walking with unloaded rifles, an act permissable by Texas law.
All three men have hired attorneys and vow to fight the arrests all the way to the Supreme Court. All three arrests were caught on video and can be found here. Warning: The language is quite graphic.
The march was part of the Open Carry Texas advocacy group, and over a dozen other protesters, carrying rifles were not arrested or detained.