Henry Vichique was carrying a loaded rifle on his back last Sunday night while walking home.
He was stopped by a San Antonio Police Officer who said there were reports of Vichique pointing the gun at people, which he denied.
The incident was recorded by a video (below) by a camera attached to Vichique's clothes.
According to The Blaze, after a lengthy cordial conversation, the police officer tells Vichique, "You are not under arrest. You are free to go. You’re just going to happen to walk home, and I’m just going to happen to make sure you get home safely and as soon as you get home safely, you will never see us again.”
However, after a second police officer shows up, the first police officer suddenly changes his mind and says, "We are going to take that gun off your shoulder, do you understand that? Do you understand that?”
Vichique responds, “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.”
At that point, one of the police officers uses a Taser on Vichique for what seems to be an extra long time.
According to the police report, one of the officers wrote, "The Taser malfunctioned and did not stop after the five seconds. I had to manually shut off the Taser."
Vichique was disarmed and charged with a San Antonio law that prohibits carrying a loaded weapon on a city street.
The pro-gun group Open Carry Texas condemned the arrest in a statement, "Open Carry Texas strongly objects to the abuses suffered at the hands of San Antonio Police Officers against a law abiding citizen exercising his tight to keep and bear arms."
WOAL reports that San Antonio law says, "It shall be unlawful for any person, other than a duly authorized peace officer, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street in the city," but Texas law allows people to carry loaded rifles unless the weapon is being carried "in a manner calculated to cause alarm."