Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
The state's new Open Carry law is set to take effect in January, but it is obvious that the new law won't ease the tensions between police and groups which call for what is called 'Constitutional Carry,' or the right to carry weapons in public, News Radio 1200 WOAI reports.
Claiming that it is 'DPS policy to arrest them on sight,' members of the group Open Carry Texas are suing the DPS for violating their civil rights.
Group president C.J. Grisham says the worst incident happened on the steps of the State Capitol on Veterans Day of 2013.
"Most of us had black powder revolvers, but a few of us had rifles and shotguns, keep in mind that none of this is illegal," he told News Radio 1200 WOAI. "Just as we got started, DPS pulled up, and told us to get our firearms off the Capitol grounds. Keep in mind I didn't even have a firearm."
He says the DPS arrested him and other Open Carry Texas members on the catch-all charge of disorderly conduct.
"We are filing a lawsuit against DPS for violation of our civil rights, for assault, for false arrest, and for false imprisonment," he said.
Open Carry Texas and other groups which claim that the Second Amendment gives them the right to carry weapons anywhere in public have repeatedly gotten into staredowns with law enforcement by openly carrying long rifles while walking down the street, or while walking past a shopping center.
"Instead of all of us filing separate suits, we thought it would be stronger if we all filed one lawsuit," Grisham said, adding that charges against seven of the nine people arrested that day have been dismissed.
The state's new Open Carry law allows individuals who have Concealed Handgun Licenses to carry their weapons in the open in public, but only with restrictions. Only handguns can be carried openly, and they cannot be carried in the hand, they must be in a holster.
Many lawmakers blame the aggressive lobbying of groups advocating open carry, including alleged threats against lawmakers, for scuttling chances for a more wide ranging open carry law.