Will we ever get constitutional carry?

[txinvestigator]

It doesn't matter unless he has reason to suspect you aren't carrying it legally. That's the way the system is set up to work. A police officer is generally restricted from going after you unless you're doing something that gives them reason to believe you're doing illegal things.

That said, he's going to run you through the system when he gets back to the car, so if you're FIP (felon in possession), you're going to jail.



I covered that already. If open carry is legal, walking around with a gun stuck on your hip is not probable cause to detain and investigate.

It's legal to walk down the street, how do the police enforce the law against escaped felons? Can they stop people at random for walking down the street under the assumption that they could be doing so illegally as an escapee? No, that would be absurd and it would be illegal.



That's a consensual (defined as "Relating to or involving consent, esp. mutual consent.") encounter. That's different, it would go something like this:

"Excuse me, sir? Is it legal for you to carry a handgun?"

He's asked, I'm under no compunction to answer or even stick around. I can acknowledge the question and keep right on with my day because he has no PC to say otherwise. I'm not detained or arrested. I am in fact free to go. You can go the polite "yes, now excuse me" route or you can tell him to pound sand.

A consensual encounter with police can be ended at any time by the citizen. The officer in question would have no power in keeping you there or forcing you to continue the conversation (not that they have the power to force you to converse with them).

I'm Ok with asking to a point. Harass me and I'll be reporting an officer to his department and raising hell. Ask me nice, I'll be polite and possibly have a conversation. Be rude about it and I'll answer in kind.

Well thought out. I happen to agree with you BTW, at least the legal aspects. My goal was to get these concepts thought out.

 

[Bithabus]

Pretty much. I dont think seeing a gun on a person that aint doing nothing wrong gives reasonable suspicion.

You missed my point.

If a cop has reasonable suspicion that a person is a prohibited owner (ie a felon, alien etc) AND reasonable suspicion that the person is in possession of a gun, then he has justification to stop that person and investigate. This is assuming we one day make it legal to carry handguns on TX.

 

[Randman]

So has anything been proposed yet? Lately? Any new legislation? sorry, I'd keep up but my ADD won't allow it..Is that a duck?