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  • Mreed911

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    Carrying handguns is illegal in Texas, and your license is a defense to prosecution. This is the case regardless of what TexasInvestigator chooses to believe.

    So, if the cops ask to see your license you are being lawfully detained. He can arrest you for UCW. Show him the license. And if you're going to OC, don't dress or act like a scumbag.

    Interestingly, this is the same for a peace officer license. :)
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    TheDan

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    "dress for success"
    Cargo pants, sneakers, and a polo has been succeeding for me thus far, but then again I do work in IT :laughing:


    BRD my only training suggestion would be to recommend Officers observe the behavior of an OC-er and assess if this person is behaving in a threatening or aberrant manner predicating interference/contact. Merely openly carrying a firearm should not, in my opinion, in and of itself result in stopping someone to request they prove their license status as suggested by others.
    Best on-topic comment in thread...
     

    matefrio

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    In some situations it's a temptation to disarm the person OCing for "Officer Safety" by default but they should consider a gun in the holster is safer than a gun in play.

    I was disarmed during a routine traffic stop by an officer. After I presented my CHL he asked me to get out of the car then removed the pistol from my holster he dropped the mag and racked the round out of the chamber. He put the handgun in the floorboards and left before I got back to the car.

    My thought was he's putting everyone more at risk due to those actions.
     
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    karlac

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    In some situations it's a temptation to disarm the person OCing for "Officer Safety" by default but they should consider a gun in the holster is safer than a gun in play.

    I was disarmed during a routine traffic stop by an officer. After I presented my CHL he asked me to get out of the car then removed the pistol from my holster he dropped the mag and racked the round out of the chamber. He put the handgun in the floorboards and left before I got back to the car.

    My thought was he's putting everyone more at risk due to those actions.

    I agree to an extent, but as much as I would hate to be treated that way, I still find it very difficult to fault a LEO for erring on the side of caution, particularly when considering the uniqueness of the situation at the time.
     

    matefrio

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    I agree to an extent, but as much as I would hate to be treated that way, I still find it very difficult to fault a LEO for erring on the side of caution, particularly when considering the uniqueness of the situation at the time.

    I've been stopped other times where they only asked I not touch or reach for the weapon and everything was fine.

    The risk of a negligent or even accidental discharge while handling the weapon is a risk as well and should be balanced by the perceived safety of disarming someone.
     
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    Mreed911

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    I've been stopped other times where they only asked I not touch or reach for the weapon and everything was fine.

    The risk of a negligent or even accidental discharge while handling the weapon is a risk as well and should be balanced by the perceived safety of disarming someone.

    This. The officer unfamiliar with a cocked and locked 1911 should probably not be handling it, especially since they have no place to do so safely. Treat it like a traffic stop - leave well enough alone.

    Officers DO have legal authority to disarm, though, so once stopped, I wouldn't advise arguing or resisting.
     

    andre3k

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    Our department has already sent out detailed circulars in regards to open carry of long guns and hand guns and how to handle these situations. They also went as far as producing a video on how to deal with various open carry scenarios that one may encounter on the street. It was mandatory viewing for all officers. I can email a copy of our policy directly to the ops friend at his departmental email if he wants to take a look at it. He must work for a smaller agency as the only people that would have input on this would be the legal staff of the dept and the district attorneys office of whatever county he is in.

    Personally, I dont think OC will be a big deal. There may be a few incidents that will blow up on social media and get some coverage but after a while it will be business as usual.
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    karlac

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    Our department has already sent out detailed circulars in regards to open carry of long guns and hand guns and how to handle these situations. They also went as far as producing a video on how to deal with various open carry scenarios that one may encounter on the street. It was mandatory viewing for all officers. I can email a copy of our policy directly to the ops friend at his departmental email if he wants to take a look at it. He must work for a smaller agency as the only people that would have input on this would be the legal staff of the dept and the district attorneys office of whatever county he is in.

    Sent from my SM-N900P using Tapatalk

    What's the rationale behind this apparently not being public information?
    Not arguing, just wondering ... thanks.
     

    Mreed911

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    What's the rationale behind this apparently not being public information?
    Not arguing, just wondering ... thanks.

    It is if you request it. The poster probably doesn't have authority to post it publicly himself, that usually goes through a PIO or similar.
     

    andre3k

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    What's the rationale behind this apparently not being public information?
    Not arguing, just wondering ... thanks.
    Anyone can get access to it. You just have to request it directly from the dept. They dont want employees posting that type of stuff on social media. As they see it there's no difference in me posting about our open carry policy or me posting policies on how confidential informants are handled.

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    karlac

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    Anyone can get access to it. You just have to request it directly from the dept. They dont want employees posting that type of stuff on social media. As they see it there's no difference in me posting about our open carry policy or me posting policies on how confidential informants are handled.

    Certainly understandable, and good to know it can be requested by the public.
    Anything that clarifies this particular situation should be beneficial to all concerned.

    Thanks for the response.
     

    JohnnyLoco

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    There's even a greater risk of being shot by someone with a loaded weapon....

    So, a CHL holder who voluntarily notifies the LEO he is carrying, and thereby showing he is a law abiding citizen and statistically unlikely to commit a crime, presents a risk of shooting the officer?

    Okay.
     

    BRD@66

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    FWIW, my imaginary LEO friend has gleaned a few bits of wisdom from this thread that he will try to incorporate into his OC training for LEOs. He noted that the overall great concern here is that we be treated like law-abiding citizens who went the extra mile to become legal (licensed) for this. That a LEO while doing his job, should be sensitive to that aspect. Perhaps most succinctly expressed in post #2 by jrbfishin:
    "That a little courtesy, from both of us , goes a long way."
    Thanks to all.
     
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