TX: 19-Year-Old was Likely Carrying Slung Mosin-Nagant Rifle when He was Tased

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

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.

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.

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