On Monday, a man in San Antonio was arrested for open carrying his rifle while on a walk near his home. The entire incident was caught on video by the man, who ended up being tased and placed in handcuffs after he was told he was free to go.
According to The Blaze, Henry Vichique was arrested under a local ordinance that prohibits residents within the city limits from open carrying a rifle or a shotgun, even though open-carry is perfectly legal in Texas.
In the video, Vichique is seen being approached by officers who immediately order him to place his rifle on the ground.
Surprised at their commands, Vichique replied “I’m not doing anything wrong sir.”
“Am I free to go?” He asked.
The officers claimed that someone reported Vichique was pointing his rifle at people, which Vichique denied. He also informed the officers that his rifle was in fact loaded.
Vichique and the officers chatted for several minutes, and the situation seemed as if it was diffused.
“You are not under arrest. You are free to go,” the cop says 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.”
At that point Vichique thought he would be good to go, but things took and unexpected turn for the worst.
Sometime later another officer approached Vichique and was much more aggressive than the first.
“We are going to take that gun off your shoulder, do you understand that?” the officer is heard saying. “Do you understand that?”
Vichique is then asked if he’s going to “fight” if the officers attempt to disarm him, even though he’s done nothing wrong at this point.
“I’m not going to grab it, sir. I have not been arrested and the law says unless I’ve been arrested, you can’t take it from me.”
He was then asked again if his rifle was loaded.
He confirmed that it was and informed the officers that he wasn’t breaking any laws, apparently setting off one of the officers who pulled out his taser and hit Vichique with it.
As he’s being tased you can hear Vichique mumble that he’s being illegally arrested and he refuses to consent to any searches or seizures.
The group Open Carry Texas released a statement regarding the incident, and said the arrest “directly violates state pre-emption laws pertaining to firearms as contained in Local Government Code 229.001(a)(1), which states: “a municipality may not adopt regulations relating to…the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, ammunition, or firearm.”
Additionally, the group said that the San Antonio Police Department lacks “proper training, experience and common sense” on guns and Texas law, and they’re planning on holding a rally in support of Vichique on April 6 at 1 p.m. in front of the San Antonio Police Department.
So do you think Vichique was mistreated or were the officers within their rights to assault him? Let us know with a comment!