'Open Carry' weapon law demonstration leads to criminal charges


by Stacia Willson/ KENS 5


Posted on August 29, 2013 at 6:42 PM

Updated Thursday, Aug 29 at 6:50 PM

SAN ANTONIO, Texas -- A controversial YouTube video captures an alleged disorderly conduct case.

The video shows three men, who were carrying assault rifles, sitting outside a San Antonio Starbucks.

They claim they were within their legal rights, but all three now face criminal charges.

Texas law states this type of conduct it isn't against the law, as long as the weapon is not loaded.

However, the gun holder can still be charged with disorderly conduct if anyone, at any point, feels threatened.

"It's a disorderly offense that officers will address accordingly," said SAPD Police Chief William McManus.

The video was posted August 24th and shows three men sitting outside a San Antonio Starbucks displaying assault rifles. Police showed up after they received a call from a women, who claimed she was, "freaked out" by the display of weapons.

Officers approached the men and questioned them about the situation, and told the gun holders they needed to leave.

The suspects were placed under what's called a "non-custodial arrest" which means they were charged with a crime but were not taken into custody. The investigation is ongoing.