Zach Horton posted a $2,500 bond today after being arrested on Wednesday for trying to take a picture with his assault rifle in front of the McAllen Police Department.
Horton was charged with carrying a weapon on places weapons are prohibited and for trespassing.
He says his 2nd amendment rights were violated and his truck was illegally searched.
According to McAllen Police he went to the Public Safety Building unarmed to alert police he planned to take a picture with his loaded assault style rifle in front of the building.
He was told to leave the premises but returned to file a complaint.
Officers drew weapons, ordered him to the ground and searched his truck.
Horton argues the Supreme Court has ruled that only the building is considered off limits.
Guns are allowed in the parking lot of building like police headquarters.
"I believe we have the right to bear arms, but I do not believe you have the right to go to public buildings with fully loaded guns and take pictures," Hidalgo County District Attorney Rene Guerra said.
Horton belongs to the organization Open Carry Texas which plans to protest Horton TMs arrest.
"We are working to get those charges dropped they illegally searched his truck, they had no right to search his truck and take his weapon," Open Carry Texas Founder C.J. Grisham said.
The Open Carry Texas organization plans to protest the arrest outside the McAllen Police Department Saturday at noon.