Monday, 16 February 2026

Open Carry Texas Plans Protest At DPS Headquarters After Arrests At Capitol [l8zTwW3jAjA]

A legal battle erupts over antique firearm statutes after Department of Public Safety troopers arrested two activists carrying pre-1899 black powder pistols at the Texas State Capitol.

Open Carry Texas Texas State Capitol Black powder pistols Criminal trespass Richard Segura DPS Headquarters Antique firearms

By Mike Hanson Archives | 3m listen | 3 chapters

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Open Carry Texas Plans Protest At DPS Headquarters After Arrests At Capitol [l8zTwW3jAjA] cover

About this episode

Open Carry Texas members Justin Delosh and AJ Postel face criminal trespass charges following a high-profile arrest at the Texas State Capitol for carrying pre-1899 black powder pistols. Department of Public Safety troopers apprehended the men despite state statutes classifying antique firearms as non-firearms, resulting in a physical altercation that reportedly left Postel with cracked ribs. Bystander footage of the incident has sparked a legal debate over the intersection of Second Amendment rights and property exclusion laws.

University of Texas law professor Richard Segura and law student Phil Harris analyzed Texas Penal Code provisions regarding curio firearms manufactured before the turn of the century. While these items bypass standard firearm restrictions, the legal dispute hinges on whether DPS officers possessed the authority to issue a trespass warning based on the presence of a perceived deadly weapon. This distinction elevates the charge to a Class A misdemeanor, complicating the defense for the activists involved. Meanwhile, Justin Delosh reported a separate confrontation with a trooper over an empty holster, signaling escalating tensions between the organization and state law enforcement.

Open Carry Texas leadership announced a retaliatory armed protest scheduled for December at the Region 7 DPS headquarters on Lamar Boulevard. The group intends to display long guns and antique handguns to challenge the recent arrests of Justin Delosh and AJ Postel. Organizers are urging participants to maintain composure during law enforcement interactions to avoid further physical injuries or legal escalations at the upcoming demonstration.

CHAPTER 01 / 3 Discussion

Open Carry Texas Members Arrested at State Capitol

Justin Delosh and AJ Postel, members of Open Carry Texas, were arrested at the Texas State Capitol for openly carrying pre-1899 black powder pistols. While Texas law classifies these antique items as non-firearms, Department of Public Safety troopers charged the men with class A misdemeanor criminal trespass. Postel reportedly suffered cracked ribs during the arrest, which was captured on bystander cell phone footage.

open carry texas· texas capitol· justin delosh· aj postel· black powder pistols

00:00 Today the group Open Carry Texas tells us it's planning an armed protest at the DPS headquarters on Lamar in December. And that's coming after two men were arrested at the Capitol over the weekend for carrying black powder pistols, which is legal. Fox 7's Casey Claiborne joins us live in the studio with an update on all this. Casey? Yeah Mike, the handguns were actually collector's items made before 1899. And Texas law actually says those are okay to openly carry because they're not considered firearms since gun rights activists really know their stuff when it comes to gun laws naturally when these arrests happened drama ensued

00:39 On Saturday, Fox 7 was covering another story at the Capitol when we ran into this crowd of people clearly upset with state troopers. It means their job... Hey as a soldier can I just start shooting the enemy? Am I told to? Thanks to cell phone footage the arrests that had just taken place were caught on camera Justin Delosh with Open Carry Texas was one of two men arrested by troopers for carrying pre-1899 handguns openly it doesn't take modern ammunition its definitely a primitive gun At that point in time he asked me to put my hands behind my back. And at which point I said, sir you haven't told me what i've done wrong? You have identified yourself to me or any of that. Delosh says the other guy A.J. Postel says troopers were so forceful during the arrest they hurt him The officer's left leg is kicked way out So therefore all the weight it all the way to his body weight as he was going on AJs back and it actually cracked

01:32 some of AJ's ribs. DPS tells Fox 7 in a statement the men were arrested quote for criminal trespass, class A misdemeanor The men were openly carrying suspected deadly weapons and we're given the opportunity to leave area but refused. Bilage says he wasn't asked to leave UT law professor Richard Segura and law student Phil Harris helped us flesh out the law on Texas Penal Code Firearm does not include a firearm that may have characteristics of weapons made illegal And that is an antique or curio firearm manufactured before 1899. Harris says there are plenty of questions that remain to be answered. I'd say the two are did the officers have the ability to ask them to leave? Did they have a greater right of possession and

CHAPTER 02 / 3 Discussion

Legal Analysis of Antique Firearm Statutes and Trespass

University of Texas law professor Richard Segura and law student Phil Harris analyzed the Texas Penal Code regarding antique or curio firearms manufactured before 1899. The legal experts noted that while these items are generally legal to carry, the core legal dispute centers on whether officers had the right to order the men to leave the premises. The presence of a "deadly weapon" serves as an exacerbating factor that increases the potential punishment for a criminal trespass charge.

texas penal code· richard segura· phil harris· antique firearms· criminal trespass

01:32 some of AJ's ribs. DPS tells Fox 7 in a statement the men were arrested quote for criminal trespass, class A misdemeanor The men were openly carrying suspected deadly weapons and we're given the opportunity to leave area but refused. Bilage says he wasn't asked to leave UT law professor Richard Segura and law student Phil Harris helped us flesh out the law on Texas Penal Code Firearm does not include a firearm that may have characteristics of weapons made illegal And that is an antique or curio firearm manufactured before 1899. Harris says there are plenty of questions that remain to be answered. I'd say the two are did the officers have the ability to ask them to leave? Did they have a greater right of possession and

02:17 Were they carrying a deadly weapon? The deadly weapon is just an exacerbating factor on top of the criminal trespass. In other words, the deadly weapon makes the punishment range greater for the criminal trespass. The true question is should they have been arrested for criminal trespass irrespective whether they had the deadly weapon or not. While we were interviewing Deloche Wednesday afternoon, this happened. A trooper took him to the side and asked him if he was openly carrying a handgun but since it was just his empty holster in protest of not getting his gun back after being arrested the officer let him go And one of the issues raised after Saturday's incident is the cursing and overall angry behavior of the crowd in response to the arrest. DeLosch says he doesn't condone that, and encouraged the group to be calmer next time something like this happens In the meantime Open Carry Texas is meeting with DPS later this week to talk about what happened

CHAPTER 03 / 3 Discussion

Open Carry Texas Plans December Protest at DPS Headquarters

Open Carry Texas announced plans for an armed protest at the Region 7 DPS headquarters on Lamar Boulevard in December. The demonstration follows a recent confrontation where a trooper questioned Justin Delosh for wearing an empty holster in protest. Group leadership encouraged members to remain calm during future interactions with law enforcement while maintaining their intent to carry long guns and antique handguns during the upcoming event.

open carry texas· dps headquarters· lamar boulevard· armed protest· gun rights

02:17 Were they carrying a deadly weapon? The deadly weapon is just an exacerbating factor on top of the criminal trespass. In other words, the deadly weapon makes the punishment range greater for the criminal trespass. The true question is should they have been arrested for criminal trespass irrespective whether they had the deadly weapon or not. While we were interviewing Deloche Wednesday afternoon, this happened. A trooper took him to the side and asked him if he was openly carrying a handgun but since it was just his empty holster in protest of not getting his gun back after being arrested the officer let him go And one of the issues raised after Saturday's incident is the cursing and overall angry behavior of the crowd in response to the arrest. DeLosch says he doesn't condone that, and encouraged the group to be calmer next time something like this happens In the meantime Open Carry Texas is meeting with DPS later this week to talk about what happened

03:13 The group says regardless of what happens during that meeting, they'll be protesting in front of the Region 7 DPS headquarters which is on Lamar in December with their long guns and pre-1899 handguns in tow.