Henry Vichique was stopped by a nervous San Antonio police officer who relatively quickly came to understood that the man who was open carrying a rifle slung behind his back, and that he meant no harm.
It seemed that everything was well in hand. The officer told Vichique that he was free to go, and that he was going to escort him home. It was at that point a second San Antonio officer interjected himself into the situation.
The second officer who approached is heard on video saying, “We are going to take that gun off your shoulder, do you understand that? Do you understand that?”
Then the other officer inquired if Vichique will “fight” if the police grab his gun. He replied, “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.”
An officer then asked if his rifle was loaded even though Vichique had already stated that it was several times and told the police that he’s not breaking any laws.
Suddenly, an officer uses his taser on Vichique who stated he was being unlawfully arrested and that he doesn’t consent to any searches or seizures.
Vichique was arrested for allegedly violating a city ordinance that says it is illegal to carry a loaded rifle or shotgun on any public street.
Vichique and Open Carry Texas claim that the ordinance violates state law, and plan to hold a protest.
It remains to be seen if Vichique will file a civil rights case against the officer and the the SAPD.
The incident was Vichique’s first attempt at peaceful open carry.