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By Dean Weingarten

Henry Vichique, shown with his pregnant wife

Photo: Alma E. Hernandez, For The San Antonio Express News

Dean Weingarten

Dean Weingarten

Arizona - -( Henry Vichique, shown with his pregnant wife, above, is the 19 year old man who was tased by police for carrying a WWII Russian rifle in a San Antonio residential neighborhood while walking home.  From the Houston Chronicle:

San Antonio police arrested him March 30 while he was walking home with a loaded Russian World War II-vintage rifle slung across his shoulder.

The event occurred after dark.   Police at the scene told Henry that people had reported that he had been pointing the rifle at others.   Henry replied that he had never done so, and he could prove it because he had video taped the event.   It appeared that the encounter was over when third police officer showed up and tased Henry.   Henry had answered the previous police officers questions about the rifle that was slung on his back.   Yes, it was loaded.

San Antonio has a local ordinance that bans the carry of loaded rifles.  Texas has a strong preemption law that forbids local ordinances regulating the carry of firearms, and a state Constitution that protects the carrying of long guns.

While we do not have a picture of the rifle, as a WWII era Russian rifle, it is very likely one of the ubiquitous Mosin-Nagants.

US Westinghouse Company 'SA' M1891 Mosin Nagant Rifle

US Westinghouse Company ‘SA’ M1891 Mosin Nagant Rifle

Texas is one of a few states that bans the open carry of modern handguns in most public settings.   During the last year, a grassroots movement of carrying long guns openly in public has sprung up in an attempt to spur legislative reform.. Both Republican and Democrat candidates for governor in Texas have said that they favor the legalization of the open carry of handguns.

The picture of Henry and his wife above was take during a protest of Henry’s tasing and arrest.  He has been charged under the local ordinance.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 2 User comments to “19-Year-Old Texan Carrying Mosin-Nagant When Tased?”

    1. the officer did not have to tase the guy he was no threat the peace officer just could have asked him for his rifle instead

    2. San Antonio will lose on this one in the long run in court. Henry will no doubt be convicted in city court by a city appointed judge. This will end up at the Texas appellate court over that part of Texas where they will lose. The ordnance is a clear violation of Texas law and Texas Constitution. Get you check book out San Antonio!!!

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