On July 9, 2013 at 4:40pm in Buda, Tx me as well as one other law abiding Texas citizen. Began to exercise our right to open carry a long gun. At 5:27pm Officer Alex Fernandez with Buda P.D. drove up and began to try to run all over my rights. He never once asked what we were up to. He just jumped out of the car and demanded my ID. A constable shows up as back up. I refused to show ID, he said I was detained and going to jail. He goes on to tell me has been receiving multiple calls (later he says it was only 1 call a few times). I asked for his supervisor he said ” you will get me”. I proceed to give officer Fernandez a business card that explains my rights to open carry. Officer Fernandez reads the card then says he will give me a few seconds to think about it, meanwhile he goes to car to get on radio to ask what he can do, I am assuming. Meanwhile the constable backs the Officer and tells me that I have to by law show ID (once again ALL LIES). The officer comes back from car says I am being detained for suspicious activity “we dont have everyday someone walking around with a gun” he says. Officer Fernandez says I am trying to go to jail because I am a IDIOT. He then proceeds back to the car to get on radio to see what he can do. At the beginning I had asked for his supervisor to avoid all of this. He comes back to talk to me after his supervisor told him there was nothing he could do, he called me now annoying and retarded. He also says he knows it is a FUN GAME for me. Off and on he places he hands in the ready position for his side arms, and tries to provoke me. He consistently will not answer my questions (it is his job to serve RIGHT?) He says he supports my rights, I then ask him how can I exercise my rights and still ignores me. At the end I thank the constable for being polite (even though he showed ignorance for the law, he did like the business card). The whole encounter with the officer he never asked me what I am doing, the other thing also he never said one word to the other person next to me with a long gun strapped on their back………
phone number to the Buda Police Dept is 512-312-1001
The card he gave the officer is available HERE
18 Comments
Veteran
Full Auto is not against the law, The unconstitutional ban against them is against the supreme law of this land.
This man was in my opinion was not properly informed about his rights, all he had to do was follow one simple law, that he agreed to do when he received either a Texas Drivers License or Photo ID and provide it to the police officer. Due to the number of calls the police received they had to stop the man because citizens considered the peace violated so they had to investigate. All he had to do was provide a photo ID as asked and he could have went on about his march. 5th amendment does not cover this because you waive it when receiving these documents from Texas.
The police to me seemed to be in support of constitutional carry, they just wanted to be able to preform their job and notify the public who called in compliant/worry that all is good.
You should consider making a member card that has printed on it: Name, DoB, SSN and address, along with “As A Natural Born or Naturalized American Citizen I Have The Right To Bear Arms.”
You could also consider listing Federal Law as well:
Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
or
“IF YOU ARE NOT A REGISTERED VOTER DO SO NOW”
See 1a and f below – “Vote for Constitutional Candidates that support the 2nd Amendment” ” No Unconstitutional Officials with unconstitutional tyrannic repression agenda’s that limit our rights” This equates to a protected protest under the constitution.
I also like “Impeach all anti-American anti-Constitutional 2nd Amendment violators”
We Have the Right.
Title 18, U.S.C., Section 245
Federally Protected Activities
1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:
a) A voter, or person qualifying to vote…;
b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States;
c) an applicant for federal employment or an employee by the federal government;
d) a juror or prospective juror in federal court; and
e) a participant in any program or activity receiving Federal financial assistance.
2) Prohibits willful injury, intimidation, or interference or attempt to do so, by force or threat of force of any person because of race, color, religion, or national origin and because of his/her activity as:
a) A student or applicant for admission to any public school or public college;
b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government;
c) an applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall;
d) a juror or prospective juror in state court;
e) a traveler or user of any facility of interstate commerce or common carrier; or
f) a patron of any public accommodation, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters…or any other establishment which serves the public and which is principally engaged in selling food or beverages for consumption on the premises.
3) Prohibits interference by force or threat of force against any person because he/she is or has been, or in order to intimidate such person or any other person or class of persons from participating or affording others the opportunity or protection to so participate, or lawfully aiding or encouraging other persons to participate in any of the benefits or activities listed in items (1) and (2), above without discrimination as to race, color, religion, or national origin.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be subject to imprisonment for any term of years or for life or may be sentenced to death.
the lone ranger
All of opposing this man, reread his post. He did not say he was walking down the middle of the street with a rifle(not assault rifle)(is was not full auto)(in cass you asshole do know the difference between full auto and simi auto) full auto is against the law.) He has ever right under Texas law to open carry. The people complaining here are a bunch of closet q*****, who just like to complain. Go back up north where you belongs.
education wins
Nice to see that some people can articulate in today’s time. Are you able to hold a conversation without the colorful language? Hum, make you think, where theses posts are coming from.
Trent Puckett
So many people upset that someone exercises a right (unlicensed open carry of long arms) which is perfectly legal under our Texas Constitution – because it ‘makes people nervous’. WTF??? Too afraid to stand up for their own rights, they put down others with the courage of their convictions. For those who may not understand – OUR RIGHTS ARE UNDER ATTACK. So congratulations, Murdoch – rights exercised are rights protected.
Dunk'n
These cowards probably piss themselves when they see red and blue lights in their rear view mirrors. It takes a man to know one, no wonder they are so upset.
Jason
Amazing some of these posts….. come to a site named *don’t comply….. then whine and cry about a video of a free man that chose not to comply with illegal demands of a officer that has no clue of the penal codes…… you haters can enjoy living on your knees….I will live on my feet like the lawful armed patriot in the vid…. bunch of sheep
Doug
I really can’t understand why the officer would call you an idiot. Oh, maybe it is because you are an idiot. In today’s society with the violence and the fear that people have about guns, why would you walk around with an assault style weapon? This police officer is trying to protect the public. This is nothing more than an attempt to get your video posted on the Internet. I have taken the time to go through the training for a CHL here in the state of Texas. Yes I also agree that everyone’s right should be respected and protected but what I don’t understand is why, as the officer put it, an idiot would walk around town with a gun strapped to his back to prove a point. While I would fight to the end to protect my rights I also have respect for the people in my community and would never do something like this for if no other reason it makes people nerves. If you don’t understand this then you are nothing more then a selfish “idiot” who’s only thought is, ME. By the way, take some time and learn English. Maybe if you actually got an education you might be able to see that there are other people in this world beside you.
shawn
“around town…” where did you see a town? he was on a country road….
scott
Screw the police…no call for gun violence in the area, no shots fired, to hell with them. Incremental loss of your rights is underway. Fight for them or lose them.
Mark
” Hey guys, look at me….look at me knows….over here, I need attention….look at me people…over, look at me guys, I googled a few laws…look at me…im on YouTube now…look at me…I want to be the next big youtube thing…look at me guys…”like” my video so I can be cool guys….look at me…
shawn
yeah, how dare he. while our rights are being striped away with laws from the patriot act to ndaa to countless executive orders…. what was these guys thinking, standing up for liberty and freedom. who needs the Constitution anyways? we have this great government that will protect us at all times with never allow harm to befall upon us. just look how well they’ve done with Chicago, Detroit and DC…. oh….. wait.
baldguy
yeah… “exercising my rights” is a poor excuse for purposefully wasting an officer’s time (and my tax money) on this attention-gathering stunt. This encounter could have taken 30 seconds if he had just identified himself. True, it was not required by law… but unless your goal is to cause a problem and do some youtube dick-waving, you just hand him the ID and tell him you’re just out for a stroll, looking for zombies. Or wabbits. Or whatever you thought you needed to have that rifle for.
Having the /right/ to do something is not the same thing as needing to do something. I have the /right/ to stand on the street corner and sell tinfoil hats and shout at the top of my lungs that aliens abducted my chia pet. I’m not going to do that, because it’s stupid. so is this little “demonstration”.
Mark
Really dude, you that freaking bored….funny how you played the “harassment” card…your a freaking LOSER….
Kevin Hill
Just show your damn ID quit being a dick. If you want to go to jail that’s your business, quit making the police officers job harder than it already is. Exercise your right to carry im all for that and respect you for doing that but show your ID it is a crime to fail to identify to a peace officer.
shawn
according to Texas state law, you only have to ID yourself after being lawfully arrested. not before.
Mike C
Just another punk bitch with nothing better to do than take officers away from protecting and serving the other good folks in this fine community
shawn
yeah, nothing better to do: than standing up for his Constitutional Rights. what was he thinking?
Ricky Moore
Sadly, this is ALL cops these days.
Thank you Department of Homeland Security mandated training!
How could we havfe a nazi police state without you?