Quote:
Originally Posted by Powerdrive
You're an idiot. It is not against the law to verify your capacity to legally carry a pistol in plain view. Let me know how that works out for you. Everyone else here will be watching the news of you being shot by a police officer because you don't actually know the law.
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No I think you need to check your ego and learn something before acting like a child and engaging in an unprovoked name calling contest, something like we see in an elementary school playground.
Let me make this simple, as it applies to a lot more than just open carry.
There are three general levels of LEO interaction with citizens: a consensual interaction, a Terry stop and an arrest.
An officer
may ask a person Open Carrying to ID/show license in a consensual scenario. The key word being “consensual.” The officer may ask to see a CHL (or the new version), but the citizen does not have to agree to show the permit. Them refusing is not a crime and cannot be used as probable cause.
If the officer has other probable cause, they can demand you ID. Refusal is not a good idea there.
The bills author, Senator Estes, has asserted the officer cannot detain/arrest you for failing to produce your license. You are under 4th Amendment protections granted by the US Constitution’s protection against unreasonable searches and seizures.
You are protected in the same way as in that LEO can't stop you for no other reason than to just to check your drivers license. Check out
Delaware v. Prouse, 440 U.S. 648 ruling by the U.S.Supreme Court.
You might also check out the 6th Circuit ruling in Northrup v. Toledo Police Department and how they ruled in a situation where officers responded to a 'man with a gun' call and interacted with him. (I do know we are in the 5th Circuits area, but justices tend to look at rulings in other comparable courts when deciding their own cases.)
Another thing to look at is the 4th Circuits ruling on the case of Nathaniel Black,
a felon found to be in possession of a concealed firearm during an open carry stop of his group by LEO. He was protected by the 4th from search, and beat the case.
One thing the legislators that enacted this law did for us was to make their intent clear, regarding open carrying being probably cause. They put their notes into the record for this purpose in case it needed to be brought up in court.
You can read some of those notes here.
http://www.journals.senate.state.tx....F.PDF#page=241
and here......................
http://www.journals.house.state.tx.u...L.PDF#page=317
I am not saying that this is the best course of action, but you do need to know your rights and what LEO can and cannot do. As responsible adults you can make your own, hopefully educated, decisions about how your personal LE interactions unfold.
They are trying to lie and bullshit their way into making the public (aka sheep) believe they can do something they are not legally authorized to do.
Do you understand now, or do you want to engage in more juvenile behavior without providing any substantial grounds for your debate point????
Also consider that open carry is allowed in some form or another in 44 states. Texas is late to the party on this issue. No wild, wild west issues with those other places or the number of states that have 'constitutional carry. Constitutional carry is where there is no need by the citizen to be authorized by the state to carry a weapon either concealed or open. Those states are another reason Texas is behind the ball on gun laws, we are not near the best state in the nation for this.
Final thought, a right that has to have government permission to exercise is no longer a right, it has become a privilege that can be denied and taken away.
(Disclaimer I do not offer this as legal advice, just observations and 'food for thought' to help in a
civil discussion of a important topic in our community.)
Now off to watch some more bowl games, it is a great time of the year to be a football fan.
