After being told he is free to go, Henry Vichique, 19, probably thought the whole incident would be over soon, but just a couple minutes later he was getting hit with a taser and was detained for 5 hours.
The San Antonio man was walking near his home while open carrying his rifle. Under Texas law this is perfectly legal. But according to police who showed up on the scene it was against a local ordinance to carry a rifle within the city limits.
The whole incident was captured on video as police ordered Vichique to the ground to which he replies, “I’m not doing anything wrong, sir.”
One of the officers claimed that he was getting complaints that Vichique was pointing his gun at people. Vichique denied he was pointing his gun at anybody but was safely carrying it on his walk.
Vichique explained that the rifle he was carrying was loaded and he carried on a fairly cordial conversation with one of the officers who told him,
“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.”
But then it looks like the ‘bad cop” decided to take matters into his own hands, as another officer takes a more aggressive approach.
“We are going to take that gun off your shoulder, do you understand that?” the officer is heard saying. “Do you understand that?”
The other officer then asks Vichique if he is going to “fight” if they grab his gun, to which he replies, “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.”
Though he had already confirmed several times that his rifle was loaded, the officers asked him again.
“It’s chambered,” Vichique replies, claiming again that he’s not breaking any laws.
Then, suddenly, an officer pulls out his taser uses it on Vichique, who mumbles that he is being unlawfully arrested and that he doesn’t consent to any searches or seizures.
Watch video of the incident below:
Open Carry Texas was quick to support Vichique and pointed out that the ordinance the officer’s cited was in violation of state pre-emption laws.
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.”
The pro gun group plans to hold a rally or Vichique on April 6th at 1pm outside the steps of the San Antonio police department.