Texas Law Shield and Open Carry laws
- Thread starter Southpaw
- Start date
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Never heard that.
Please continue....
This is what I heard:
"Therefore, this means that a police officer can approach somebody who they observe openly carrying a handgun in a holster in a shoulder or belt holster and detain them and ask for ID. This is because a police officer who observes a person openly carrying a handgun has reasonable suspicion to believe and may even have probable cause to arrest that person for violating the general weapons law of Texas, Texas penal code 46.02 that states that a person is not allowed to carry a handgun, illegal knife or club. So, upon being approached by a police officer an individual who is carrying a handgun in a shoulder or belt holster should then present their handgun license to the officer showing that they are protected by the defense provided in Texas penal code 46.15."
I cannot believe that Texas Law Shield just sold us out like that. Have they never heard of the Fourth Amendment?!
"Therefore, this means that a police officer can approach somebody who they observe openly carrying a handgun in a holster in a shoulder or belt holster and detain them and ask for ID. This is because a police officer who observes a person openly carrying a handgun has reasonable suspicion to believe and may even have probable cause to arrest that person for violating the general weapons law of Texas, Texas penal code 46.02 that states that a person is not allowed to carry a handgun, illegal knife or club. So, upon being approached by a police officer an individual who is carrying a handgun in a shoulder or belt holster should then present their handgun license to the officer showing that they are protected by the defense provided in Texas penal code 46.15."
I cannot believe that Texas Law Shield just sold us out like that. Have they never heard of the Fourth Amendment?!
They're WRONG. 46.15 was updated to state, clearly, in plain text, that 46.02 DOES NOT APPLY (not "it is a defense...") to those w/CHL carrying a handgun either concealed (any way you like) or openly in a belt or shoulder holster.
DOES. NOT. APPLY.
Arrre ye sure, Laddie? I really don't know you, but he is in that profession TO know. Are you (again, just a question) an attorney specializing in 2A/Texas law??
So on the assumption he is right, I was wondering why the LEA's were so against the amendment - it removed the RS for simply carrying. You would have to be doing something else (and that would be Soooo hard to make up something </sarcasm>) otherwise. But they would have had to come up with "something" besides "I see you're carrying a pistol".
So me seeing an Austin, Dallas or Houston cop stopping you to inquire wasn't so far-fetched. If the dept wanted to be a real a**hole about it, such a stop could be on every street corner until you threatened legal action for harassment. In which case you'd better have YOUR body cam working! And be polite!
Yes, I'm sure. Participating in a legal activity does not provide reasonable suspicion of doing something illegal. Driving doesn't provide RS for driving without a license. There are non-binding cases on point with regard to licensed carry and there are binding cases on point with regards to other legal activity and the reasonableness of suspicion.
Every police encounter that happens where the only purpose of the encounter is to determine legal ability to OC should be documented and a complaint filed with the PD involved and the Texas AG's office with a cc to your state Senator and Representative. Enough to establish a pattern and it's time to talk about a civil rights violation or possibly even a criminal violation on behalf of the officers involved. That complaint can be sworn out directly to a County Attorney since it's a misdemeanor:
Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful;
Known about 39:03 for some time but always wondered how many times it has been successively applied in court. Sorry to say it always reminded me of lip service paid to the oath of government officials to uphold the Constitution.
