Join TexasGunTalk

OPEN CARRY CURRENT STATUS

Discussion in 'Texas LTC / CHL' started by leVieux, Feb 13, 2020.

  1. leVieux

    leVieux Old Guy "Have Gun; Won't Travel !"

    917
    663
    93
    Mar 28, 2013
    Saint Martinville, LA
    Your comments are appreciated but very surprising. For years, we O C'd around Ferndale, Liberty & McComb with never any comment, odd look, or incident. We did hunt with the Sheriff "Tot" and wore camo, but everyone just ignored us in the towns. I had no idea it was illegal ?

    leVieux
     


  2. jrbfishn

    jrbfishn TGT Addict

    21,485
    5,226
    113
    Aug 9, 2013
    south of killeen
    Other factors or just the ones in your head?
    Yes or no, does State Statute say you have the authority to have me disarm on my own property if I am not otherwise committing a crime? If so, which one.
    And not case law, State Law.

    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
     
  3. Hoji

    Hoji Bowling-Pin Commando

    9,473
    8,256
    113
    May 28, 2008
    Mustang Ridge
    Chances are if I call the police to my residence then any threats will have been taken care of ( either by metal or ivory) and I just need y’all to clean up the big pieces.;)
    I also have enough good sense to NOT have a gun in hand if I have called the man into my life,lol.
     
  4. cycleguy2300

    cycleguy2300 Active Member

    262
    205
    43
    Mar 19, 2010
    Austin, Texas
    You can't pick and choose between case law and state law. It's not how it works...

    Sent from my SM-G965U1 using Tapatalk
     
  5. rotor

    rotor Active Member

    498
    535
    93
    Nov 1, 2015
    Wichita Falls
    For LEO reading this, say I am sitting in an IHop with my family eating pancakes, 45 on my belt, you walk in for a cup of coffee. Do you believe that you have the right to 1, ID me and /or 2, tell me to put my gun in my car? I mention IHop because that's the last restaurant I saw a guy open carrying.
     
  6. jrbfishn

    jrbfishn TGT Addict

    21,485
    5,226
    113
    Aug 9, 2013
    south of killeen
    Oh yes I can. Just because you get away with it in court does not mean it's the law or that it is legal. Just that a lazy judge does not want to decide the question.
    They have both been over turned and declared unconstitutional.

    I'm still waiting.......

    Sent by an idjit coffeeholic from my SM-G892A using Tapatalk
     
  7. txinvestigator

    txinvestigator TGT Addict

    14,123
    1,778
    113
    May 28, 2008
    Ft Worth, TX
    Based on your statement you don't know what case law means.
     
    cycleguy2300 likes this.
  8. cycleguy2300

    cycleguy2300 Active Member

    262
    205
    43
    Mar 19, 2010
    Austin, Texas
    No, up until we have reasonable suspicion of a crime.

    Sent from my SM-G965U1 using Tapatalk
     
  9. cycleguy2300

    cycleguy2300 Active Member

    262
    205
    43
    Mar 19, 2010
    Austin, Texas
    So here is what case law is.

    Imagine a world where police had infinite earthy authority i.e. they can do anything they wanted. I think we can agree that is bad, or would at least end bad.

    Lets add a 4th amendment, that restricts police authority to "reasonable searches and seizures" that means I can't "just stop/seize you" unless the seizure is "reasonable" according to law and the court's opinion.

    Here, a seizure is any force intentionally applied (punch, kick, shot, dog bite etc) or a yielding to police authority (i.e. "stop, police!")

    Detentions have to be reasonable. That means I can't just see a gal rocking a 1911 on her hip and demand she disarm, however the courts have held it is reasonable for police to make their immediate work environment safe. So if I am working in close proximity to someone, say a traffic stop or a burglary victim yes, police have the right to demand you disarm and the force of law is behind the officer's demand so long as the officer can articulate the reasonableness of the demand. But they do not have to sit and explain it to you, the articulation is to the courts if you don't comply and resist a search or something and get arrested.

    It's not much different than when I worked nights and working a crash on the highway. I may have the crash on the shoulder, but I still block of the nearest lane of traffic to give me a safe place to work. I might even stop all lanes and boom, now a bunch of folks are stopped on the highway so I can be safe.

    Most case law is based on the interpretation of the constitution's restrictions on police powers, police operate within the realm of "reasonableness" and that is what case law covers. State law may give specific powers or restrictions, but case law is just as legitimate.

    Sent from my SM-G965U1 using Tapatalk
     
    BMF500 likes this.
  10. Hoji

    Hoji Bowling-Pin Commando

    9,473
    8,256
    113
    May 28, 2008
    Mustang Ridge
    Well said.
     


Share This Page