Their is a city ordinance that prohibits the carrying for firearms openly. State law says that no city can do that. City says yes i can untill a court says otherwise (we have the right to protect our people ect......) these guys decided to try it. Cops did what they do. He got arrested for obstructing and resisting (you can see him pull away in youtube videos) is what im led to believe.
Do you have a link to the city ordinance? I can't find it.
[see edit addition below when the town website was restored to working.] Thanks. OCT was there precisely because the same thing happened to another person open carrying the week before. In the 10 minute phone call (posted above in its entirety) with the chief of police (who personally tased Grisham) the day before, the chief made no mention of any city ordinance that prohibited open carry, all he did was repeatedly say, in a condescending tone, "We/Our department know(s) that it is lawful in Texas to open carry a loaded handgun with a license". Do you think he was deliberately lying about what would happen if OCT members open carried in Olmos Park? Do you think he had an obligation to tell someone asking about that very scenario that he would enforce a local ordinance over state law even though Texas has a preemption law stating that preemption of state law is illegal? And when asked during the phone call by Grisham if Grisham would be confronted by Olmos Park police for open carrying here's how the chief responded:
“Am I going to be forced on my face — if I open carry there — at gunpoint?” Grisham asked Valenciano.
“I’m not even gonna respond to that question, sir, that’s a very unreasonable question to ask,” Valenciano replied. “Provided that you have a license to carry a handgun and you are not committing any criminal activity, you don’t have anything to worry about.”
And, of course, that's exactly what happened... except he got tased onto his face on the ground, not just "forced".
Here is what he was arrested for:
According to Bexar County records, Grisham was charged with a number of things including assault of a peace officer (second-degree felony); interfering with the duties of a public servant (Class B misdemeanor); obstruction of a passageway (Class B misdemeanor); and resisting arrest (Class A misdemeanor).
And people wonder why some people refer to some cops as "pigs"? What is the "appropriate" term for such law enforcement officers?
Edited to add (also included that it is illegal to discharge a bb gun within the city limits):
The previously non-working city ordinance website is back up:
ARTICLE IV. - FIREARMS AND AIRGUNS[3]
Sec. 24-84. - Unauthorized discharge.
It shall be unlawful for any person, other than a duly authorized peace officer, to discharge within the city, any gun, pistol or firearm of any kind, or to discharge an air rifle or air pistol of any description by whatever name known that, by means of compressed air, gas, springs, or any other means, is capable of discharging shots, pellets, missiles, or any other solid object or projectile.
(Code 1985, § 10.100; Ord. No. 219, 5-18-1961)
Sec. 24-85. -
Unauthorized carrying of loaded rifle or shotgun. It shall be unlawful for any person, other than a duly authorized peace officer, to carry a loaded rifle or loaded shotgun on any public street within the city. A rifle or shotgun shall be considered loaded if it contains a shell or shells in either barrel or magazine.
(Code 1985, § 10.200)
Sec. 24-86. - Offense.
Any person, firm, or corporation violating any provision of this article shall be guilty of a misdemeanor.
(Code 1985, § 10.300; Ord. No. 2000-01, 1-19-2000)
* * * * *
This explains why when Grisham clearly asked about open carry in general the police chief repeatedly only mentions "legal to carry a handgun if you have a license". He was lying by omission, despite being clearly asked the question. How difficult would it have been for him to cite the above two short sentences city ordinance? A cynical person might be led to conclude that the police chief actually wanted Grisham to show up with a long gun so he could Tase and arrest him.
Not that the video or audio records are complete, but since the ordinance only prohibits the open carrying of "loaded" long guns, I never heard any officer asking if the gun was loaded. Is the policy to tase and take down and arrest people to check the long gun to see if it's loaded? Also, I don't believe it's required to demonstrate whether a firearm is loaded or not to a law enforcement request without an articulable reasonable suspicion that a crime is being committed or is about to be committed.
Here are the city council member email addresses in case you want to express your opinion about their law and/or police policies: ronberger@sbcglobal.net, etp22@yahoo.com , splant@epmp.com, kenyonmcd@yahoo.com , frycasey@me.com, OPCityCouncil@gmail.com