A Houston, Texas?confrontation between a police officer and an open-carry activist is being investigated by the Houston Police Department Internal Affairs. The?video shows?a man carrying a sign and an AR-15 rifle on a busy commercial boulevard?in Houston. When an officer ordered the man to show identification, the man said that he didn’t have identification with him. The officer proceeded to seize the rifle and handcuff the citizen.
From?My Fox Houston:
“You are going to jail for failure to ID because you can’t tell me who you are, you can’t prove who you are. I’m tired of you idiots coming out here,” said the officer.
Aware that the incident is being electronically recorded the officer makes what legal experts are calling a major mistake – attempting and failing to erase the video.
“Take the phone off now because we are going to erase it because you’re recording everything,” says the officer on the video.
“That is completely illegal, completely unlawful and a violation of HPD policy,” said Chris Tritico, Fox 26 legal analyst.
Texas open carry activist David Amad said that the officer violated the man’s rights.
“The officer is an un convicted [sic]] felon. He may not ever get convicted, but the fact of the matter is this one particular officer broke the law big time,” said Amad who says Open Carry Texas has enjoyed a good relationship with HPD.”
Fox 26 legal analyst Chris Tritico agrees.
“That is completely illegal, completely unlawful and a violation of HPD policy.”
Tritico continued:
“Someone calls up and says this makes me nervous, they were pointing the gun whatever the complaint was the police than have the right to come to you and investigate that complaint and so at that point they lawfully have the right to say give me that weapon while I talk to you and you have to give it up,” said Tritico.
The unnamed citizen was released at the scene and has not been charged with an offense. The Houston PD is withholding comment pending an investigation.
From Raw Story:
Texas permits rifles and shotguns to be openly carried, although lawmakers are considering changes to the law that would allow the open carry of handguns.
However, police may ask gun owners to turn over their weapons during questioning when they respond to complaints about the firearm, experts said.
Texas law requires people to identify themselves if they are arrested, and the law prohibits giving false information to arresting officers.
The law does not require a person to identify himself if they are lawfully detained but not placed under arrest.
Court rulings have repeatedly upheld the right to record on-duty police interactions with the public.
Meh. What’s interesting to me is watching two bullies go at each other. The officer may be?legally?in the wrong here, even though I personally support these nuts being watched closely. Someone probably did complain. I would if someone was standing on the side of a busy road holding a gun.
Watch the video below.
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Tiffany Willis is a fifth-generation Texan and the founder and editor-in-chief of Liberal America. An unapologetic member of the Christian Left, she has spent most of her career actively working with ?the least of these? and disadvantaged and oppressed populations. She’s passionate about their struggles. To stay on top of topics she discusses,?like her?Facebook page,?follow her on Twitter, or?connect with her via LinkedIn. She also has?a?grossly neglected personal blog?and a?literary quotes blog that is a labor of love. Find her somewhere and join the discussion.
