'They took my revolver - they arrested me unlawfully'

By Gary Hays

As many of you know, I was unlawfully arrested at the state capitol building in Austin. They confiscated my 1851 Colt Confederate Navy black powder revolver I had on my paracord necklace.

I was in full compliance of the law carrying it, and was very careful on how it was done. I was in my manual off road wheelchair, the revolver was in the seat next to me and the mudguard of the chair.

I had talked to several officers and troopers that obviously couldn't see it. It wasn't even noticed by the "supervisor" until our conversation had been going on for 15 minutes or so.

He then saw it and told me he was "alarmed". I told him I was alarmed as well by his pistol, taser and mace on his belt, as well as the whole group of them standing around me.

He then told me he could arrest me for "displaying" my revolver under section 42 of the penal code for disorderly conduct. I told him I was just as lawful carrying my revolver as he was carrying his pistol, to which he said he was authorized as a law enforcement officer to carry.

I told him I was authorized by the laws of the state, and the constitution to carry my revolver.

He then ordered my arrest.

As soon as he said that, one of the bicycle troopers grabbed my right arm and twisted it to "arrest" me. I was not even resisting, and never resisted and complied with them fully.

They took my revolver, and they arrested me unlawfully.

I was in the Travis county jail waiting to be arraigned for 24 hours. They would not tell me anything, but woke me up and told me I needed to go. I thought I was going before a magistrate, but they had me take off the jail striped shirt and pants and gave me back my cloths. I asked why I wasn't being arraigned and they had no answer other than DPS didn't forward any charges or paperwork and they couldn't hold me after 24 hours. I was told to leave.

As I was waiting to be picked up, I was going through my cripplebag and noticed a citation from DPS. It was for disorderly conduct. There was no court date or information, all that was left blank. I looked at the signature where you sign to promise to appear, it said "jailer". So I would assume, whoever that is would need to appear if there was any reason to show, right?

At this point, many people joined in the dialogue, cautioning Gary Hays to make sure that the summons is not entered into the crime database as a notice to appear, since there is no information included with the citation.

The Legendary Jim Parks thanks all who participated in this dialogue, for they are the ones who truly interviewed Gary Hays – on Facebook – in real time.