ARRESTED: Paralyzed Vet is Arrested for Legally Open Carrying a Black Powder Gun

According to several media reports, Texas State Police arrested a wheelchair bound, paralyzed, disabled veteran outside of the Texas State Capitol building after one of the troopers became “alarmed” at the fact that the elderly gentleman was carrying an antique, black powder handgun openly in a holster.

Gary Hayes was placed under arrest after an approximately one hour encounter with multiple police and security officers, during which, one of them became “alarmed”.

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Under Texas law, a gun, or a black powder replica of a gun, manufactured before 1899 is not even legally a firearm,

(3) “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

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