Open Carry, TX. style

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Deaf Smith wrote:

If you have a fishing pole near a lake or river and a Game warden sees you, they can stop you and ask for your fishing license. If you are in the woods with a gun and Game warden can stop you and ask for your hunting license.

If you are involved in a licensed activity, and OCing is a licensing activity according to the law to be passed, then they can ask for ID AND you have to produce it.

Simple, no?
Click to expand...

NO...NOT "Simple".

In the two examples given 'assumptions' have been made. IF the 'GW' has failed to witness actual 'activity' (hunting/fishing) then there really isn't/shouldn't be reasonable suspicion or probable cause.

Merely possessing the 'equipment' to do so...should NOT cause LEO/GW to conclude that anything illegal is about to (or has) occur(ed) or that any license is even required.

If we were to use that line of logic...(possession of equipment, sans activity) then we may as well start stopping every female seen in public...in order to question them.

Could be PROSTITUTES for all we know right? I mean...they have all the equipment with them.

Look, seriously,....I know there is a balance to be struck with regards to any 'licensed' (read regulated) activity, but don't be too quick to summarily surrender to the demands (perhaps un-warranted) of those charged with enforcing them.

I don't think for a moment...that the amendment (if the bill passes) is a bad thing at all. Yes, perhaps a redundancy of the 4th amendment, but in my view a necessary reiteration in hopes of avoiding a flood of lawsuits that would be necessary to further establish case law.

IF law enforcement agencies will simply take the time to educate/train their officers AND DISPATCHERS in the law (IF OC passes)...and advise them to 'evaluate' the MWAG calls they are going to get, things will go much smoother for everyone.
 
The amendment would never have been posed in the house or the senate if it were not for the far left political police chief in Austin and other subdivisions of the I-35 megalopolis. It
s an anti- harassment measure pure and simple and police will remain free to question and investigate suspicious activity-including oofus-goofus posturing by mall ninjas.
As occurred in 1995, the legislature screwed around until the last couple of days of the session to close on this bill. The Democrat kill-tactics on the '95 CHL bill dragged on until late at night on the last day.
Open Carry became a major plank in this legislative session and passed overwhelmingly in both houses of the legislature If the current example of brinkmanship hands a victory to the greatly outnumbered Democrats and lets them kill the open carry bill, it will be a major defeat for Republicans in Texas and will likely be the end of them as a political force.
 
:barf:

Well, having to show your mancard occasionally isn't optimal but its a start. Wait two years and we'll get that amendment anyhow, especially because of the antics and abuse that will surface in the big cities.

And Austin will not be getting my vacation dollars.
 
the amendment is part of the bill. It was passed by the house, removed by the Senate then placed back IN the bill in the senate. It was widely supported though it caused a lot of angst among liberals who weren't going to support the bill anyway and it gave them a wedge to attempt to kill the whole bill. Royce West, voted for the Amendment saying that, since the bill, ( which he opposes) was probably going to pass, he did not want to subject people of his race to the extras harassment he was sure they would receive from police. The African American CHL demographic is now seven percent - more closely resembling the percentage in teh general population than it did in the first years.
Some communo-liberals have voiced the hope/prediction that the governor would veto the bill because of the anti-harassment amendment in order to placate the police.
 
Flint,

You are not 'mearly' possessing the equipment when OCing. You are ACTIVELY ENGAGED IN THE ACTIVITY THE LICENSE IS FOR.

Get that?

Yes they can ask for ID and you are required to present it if stopped.

Deaf
 
The amendment is in HB910 and is unlikely to be stripped now. So moot point in any case. Deaf, the Fourth and Sixth Circuits disagree with you and have ruled that open carrying a handgun is not sufficient reasonable suspicion to justify an investigatory stop or detention absent other facts. The Sixth Circuit case is just this May and the discussion is still in Legal I think.

In other news, Campus Carry (SB11) goes to the House floor for a vote tomorrow. We need a clean bill to pass that vote.

Also up for a vote tomorrow is SB179 to allow you to qualify for your CHL with a .22LR.

Amendments to gun bills aren't necessarily death at this point; but they are Stage 4 cancer.
 
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Yes, SB11 (Campus Carry) has already passed the Senate. If it passes the House clean, then it is on to the Governor.

And just to keep it interesting, HB910 goes to the House today as well.

So Open Carry (HB910), Campus Carry (SB11) and .22LR for qualification (SB179) are all being heard in the House today.

Any Senate bill that hasn't already passed the House must be heard today or it is dead for the regular session unless it is completely unopposed. Which means NFA Shall Sign is likely dead.
 
Deaf Smith said:
If you have a fishing pole near a lake or river and a Game warden sees you, they can stop you and ask for your fishing license. If you are in the woods with a gun and Game warden can stop you and ask for your hunting license.

If you are involved in a licensed activity, and OCing is a licensing activity according to the law to be passed, then they can ask for ID AND you have to produce it.

Simple, no?

Deaf
Click to expand...

That has happened to me many times without a pole in the water.

If that were to happen with open carry, that would be . . . I'm at a loss for words at the moment.
 
We could always adopt that Huffman amendment to require the license to be displayed openly :banghead: (wonder if they'll give us little plates)
 
amendment to require the license to be displayed openly (wonder if they'll give us little plates)
Click to expand...

and require us to wear one in front and on on the rear.:D
 
We could always adopt that Huffman amendment to require the license to be displayed openly (wonder if they'll give us little plates)
Click to expand...

There ya go, maybe you could wear badges.....................................hehehe
 
Thanks for the informative thread. I'll be moving to TX in July, and have been following this closely. I don't OC often here in PA, but I do occasionally, especially when out hiking. Lots to like about TX gun laws relative to many states, but we have it pretty good here in PA, too.
 
still 7 bills... Earlier they have been burning through the calendar quite quickly. The past 2 or 3 bills they have slowed down tremendously. Wouldn't surprise me if this was to not get to SB11, but from what I understand this will be a long day for them. One bill was delayed until 10PM tonight.
 
Hmm Van Taylor' office indicates that hb910 is going to conference I can't see why but the web site appears to be wrong calling my misrep right now
 
Still blathering about SB 9. Hopefully they burn themselves out talking about it so they can't talk about SB 11 and just pass it. :)
 
seems likely that Bloombutt and the stepford zombie moms will have some sugar plumb Democrats lined up to sabotage it.
 
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