Where did the push for open carry come from?

[JW]

So starting today, you are basically going to continue the assumption that someone open carrying a handgun is doing something illegal?

Completely off topic tvc, but how many lawsuits have you been named in? I was reading another forum talking about something and an officer said they were sued all the time. Is that true?

It depends on how they are dressed! [emoji1]

[wsteffen]

Until Texas becomes a constitutional carry state, we will have a law that allows an officer to ask for your permit. I agree that it isn't right but it is the law.
If I open carry and am asked by leo for my permit, I will politely show it to them and show them the respect that they deserve.
Police officers don't make laws and should not be persecuted for enforcing the law.
You can either live with the law or actively do something to change it. Whining about it or creating a scene when asked to comply is a waste of time.

Agreed Don't beat up on those among us that are trying to do their job to the best of their ability. Even concealed any officer that I deal with will have my license and or be told that I carry. The open carry law to me just protects me from inadvertent display of my carry gun. When needed, I like the element of surprise.

[41Chevy]

[Pushbutton2]

Where did the push for open carry come from?

It is not a right but an authority to ask.



Next, probable cause is never needed to lawfully detain someone. It only requires reasonable suspicion.



It is not even difficult to justify a detention. The current law in TX (46.02) says that it is illegal to carry a handgun outside of your own home, your vehicle or going between your home and vehicle. There is no exemption even listed in 46.02 for a CHL.



Reasonable suspicion did not end January 1, 2016.



HB195 in the last legislature would have nullified that as it would have for the most part done away with 46.02 UCW. It would require no license to carry in any manner. If that were to exist, an officer would not have reasonable suspicion to stop a person merely because the officer saw a handgun, illegal knife or club as they would be legal to display just as a pair of jeans or a baseball. Since that bill did not even get out of committee, carrying a handgun outside of your home and not in your vehicle (or watercraft) is still against the law. A visibly carried handgun without further knowledge is still against the law. About a 30 second detention to determine if the person is breaking the law under UCW or fits one of the exemptions listed in 46.15 is therefore legal in my opinion.



I believe there is a very good reason that up until the last day when the bill was passed that many legislators wanted it put into the law that the police could not enforce UCW for open carry. I believe they fully understood that an officer could stop to make sure that you were not breaking a weapons law.



A check of a person is not to check his license status which would be a regulatory function but to enforce a law that is still on the books. People are trying to make this a "checking your status" issue when in fact it is a criminal issue of a current law.

I'm of the belief that I CAN CARRY between my house and vehicle. Per TX Penal 46.02

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control


I made the exception bold and included the section that covers directly encounter to a motor vehicle.
Feel free to look it up if you'd like.

[Clay C]

So carrying a firearm to protect yourself is relatable to Islamic extremism?

[41Chevy]

So carrying a firearm to protect yourself is relatable to Islamic extremism?

Who says they're terrorist. By the way they dress?

[Clay C]

Who says they're terrorist. By the way they dress?

Good point. I jumped to conclusions. Shouldn't have.

[Bkvill]

I feel like it was done more as a "better pass this law before they try to implement new gun laws" type of thing. I will continue to CC.

[Geezy Rider]

Who says they're terrorist. By the way they dress?

Masked men are always suspicious.

[tvc184]

Just curiously what is the difference between asking to see a chl or stopping every person driving a car to see if they have a license?

A car on the street is not illegal automatically. The car itself is not illegal. Of course you have to pay your tax/registration and that is a valid reason for a stop assuming you know it has expired but merely seeing a car drive down the road is not by itself a crime.

Under UCW 46.02 it is against the law to have a handgun outside of your home or vehicle/watercraft. If you see a handgun, the law says it is illegal unless they have a special permit/license whether it be a TX peace officer license, a CHL, a federal agent, etc.

[tvc184]

I made the exception bold and included the section that covers directly encounter to a motor vehicle.
Feel free to look it up if you'd like.

No need to look it up. I mentioned exactly that in the post you quoted although the wording could have been better.

The current law in TX (46.02) says that it is illegal to carry a handgun outside of your own home, your vehicle or going between your home and vehicle..

Again, it is generally illegal if you are outside of your home, your vehicle or going between your home and vehicle.

[Ruark]

To all the cops out there, is reasonable suspicion or probable cause the level needed for stop and frisk, or in this instance, stop and ask? I can't remember...

Technically, yes. Driving a car isn't illegal, so there's no RS to stop you. Carrying a gun is VERY illegal, so they can detain you momentarily to confirm that you have a permit.

[bboswell]

Technically, yes. Driving a car isn't illegal, so there's no RS to stop you. Carrying a gun is VERY illegal, so they can detain you momentarily to confirm that you have a permit.

And why is this a problem? If an officer has probable cause he can stop my car and ask for my license, if a weapon on my hip is probable cause why shouldn't he do a quick check of my LTC?

[krisw]

Technically, yes. Driving a car isn't illegal, so there's no RS to stop you. Carrying a gun is VERY illegal, so they can detain you momentarily to confirm that you have a permit.

Driving a car is illegal if you don't have a valid license, registration, insurance, and maintenance.

Carrying a gun is a right.

[icetrauma]

No need to look it up. I mentioned exactly that in the post you quoted although the wording could have been better.



Again, it is generally illegal if you are outside of your home, your vehicle or going between your home and vehicle.

You are only reading 1/2 of the 46.02. You stop here.


Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club.

But the subsections to A read.


Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: <-
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control

The key words here are owned by the person or under the person's control.

I read this as unless you have a CCL or LTC, you cannot have on your person a handgun, illegal knife, or club, while in someone else's vehicle.

Example, John does not have a CCL or LTC but is carrying anyway in Fred's truck. Fred does not have a license either but he has a handgun, illegal knife, or club in his vehicle. Fred get pulls over and not arrested because he is covered by the Castle Doctrine. Were as John is poop outta luck and can be arrested because he is not in his vehicle.