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Open Carry passed !!!!
#5765793
05/30/15 03:40 AM
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Joined: Jan 2011
Posts: 1,843
THETEXAN
OP
Pro Tracker
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OP
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Joined: Jan 2011
Posts: 1,843 |
You Don't Have A PIG Problem If Ya Want to Charge $200.00
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5765844
05/30/15 04:28 AM
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Joined: Jan 2011
Posts: 21,373
Bullfrog
THF Celebrity
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Forgive my ignorance but is this in Texas you speak of?
Man if I knew what Oxner knows I could throw away what I know
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5765882
05/30/15 05:31 AM
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Joined: Feb 2013
Posts: 4,693
krmitchell
Extreme Tracker
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Extreme Tracker
Joined: Feb 2013
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5765885
05/30/15 05:36 AM
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Joined: Nov 2007
Posts: 9,518
RiverRider
THF Trophy Hunter
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THF Trophy Hunter
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Posts: 9,518 |
It's not perfect, but it's a step in the right direction.
"Arguing with you always makes me thirsty." -Augustus McRae
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5767466
05/31/15 04:26 PM
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Joined: Mar 2011
Posts: 2,062
Toxarch
Veteran Tracker
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Posts: 2,062 |
I read last week the Police officers called in and tried to get it changed to where an officer could question someone open carrying. There was talk of it being changed. Anyone know if that was added in or not?
It is far more important to be able to hit the target than it is to haggle over who makes a weapon or who pulls a trigger.
� Dwight D. Eisenhower
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5767472
05/31/15 04:42 PM
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Joined: May 2007
Posts: 1,222
papa45
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It is my understanding that the final version does allow a peace officer to question someone carrying openly to determine if they have a license. Open carry will require a handgun license (currently called a CHL, same requirements.) The new law will take effect on January 1, 2016.
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5767567
05/31/15 06:38 PM
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Joined: Jul 2008
Posts: 33,328
bigbob_ftw
Big Sprocket Bob
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Big Sprocket Bob
Joined: Jul 2008
Posts: 33,328 |
I would be happier with constitutional carry.
Ultra MAGA '24.
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Re: Open Carry passed !!!!
[Re: papa45]
#5767649
05/31/15 08:17 PM
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Joined: Sep 2006
Posts: 988
cyphertext
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Tracker
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Posts: 988 |
It is my understanding that the final version does allow a peace officer to question someone carrying openly to determine if they have a license. Open carry will require a handgun license (currently called a CHL, same requirements.) The new law will take effect on January 1, 2016. The amendment was pulled from the final bill, yet the 4th amendment and case law does not support allowing the police to stop someone without probable cause.
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Re: Open Carry passed !!!!
[Re: cyphertext]
#5767723
05/31/15 09:26 PM
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Joined: Jul 2008
Posts: 22,252
Texas Dan
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It is my understanding that the final version does allow a peace officer to question someone carrying openly to determine if they have a license. Open carry will require a handgun license (currently called a CHL, same requirements.) The new law will take effect on January 1, 2016. The amendment was pulled from the final bill, yet the 4th amendment and case law does not support allowing the police to stop someone without probable cause. Makes complete sense. Just as an officer cannot stop you just to see if you have a driver's license, why could one approach you just to see if you have a CHL?
"Some people will never like you because your spirit irritates their demons."
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5774730
06/05/15 01:50 AM
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Joined: Jul 2011
Posts: 6,115
Ranch Dawg
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Actually police officers can stop us and check just to see if we have a drivers license, 521 in the transportation code. It isn't usually done, but it is legal.
THE ROAD GOES ON FOREVER AND THE PARTY NEVER ENDS.
F##K YOU JOE BIDEN !!!!!
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Re: Open Carry passed !!!!
[Re: Ranch Dawg]
#5774924
06/05/15 06:22 AM
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Joined: Jul 2008
Posts: 21,617
pegasaurus
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Actually police officers can stop us and check just to see if we have a drivers license, 521 in the transportation code. It isn't usually done, but it is legal. Can you point to the specific title/subtitle authorizes that? I was looking and could not find that referenced.
Funny thing about getting older: Your eyesight starts getting weaker but your ability to see through people's BS gets much better.
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Re: Open Carry passed !!!!
[Re: Ranch Dawg]
#5775115
06/05/15 01:24 PM
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Joined: Sep 2004
Posts: 12,392
RedRanger
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Posts: 12,392 |
Actually police officers can stop us and check just to see if we have a drivers license, 521 in the transportation code. It isn't usually done, but it is legal. This is only if driving a vehicle? Never heard of just walking having to have or carry a DL......
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Re: Open Carry passed !!!!
[Re: pegasaurus]
#5775132
06/05/15 01:45 PM
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Joined: Feb 2008
Posts: 12,221
Grizz
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Actually police officers can stop us and check just to see if we have a drivers license, 521 in the transportation code. It isn't usually done, but it is legal. Can you point to the specific title/subtitle authorizes that? I was looking and could not find that referenced. I don't know of anyone who actually does it, but it's there. Texas Transportation Code Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and(2) display the license on the demand of a magistrate, court officer, or peace officer. (b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5775997
06/06/15 02:09 AM
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Joined: Jul 2011
Posts: 6,115
Ranch Dawg
THF Trophy Hunter
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Posts: 6,115 |
THE ROAD GOES ON FOREVER AND THE PARTY NEVER ENDS.
F##K YOU JOE BIDEN !!!!!
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Re: Open Carry passed !!!!
[Re: Ranch Dawg]
#5776118
06/06/15 03:47 AM
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Joined: Jul 2008
Posts: 21,617
pegasaurus
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Yup. Thanks. That is what I was looking for.
Funny thing about getting older: Your eyesight starts getting weaker but your ability to see through people's BS gets much better.
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Re: Open Carry passed !!!!
[Re: Grizz]
#5888917
08/21/15 03:08 PM
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Joined: Nov 2008
Posts: 1,244
barndoor
Pro Tracker
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[quote=Ranch Dawg]Actually police officers can stop us and check just to see if we have a drivers license, 521 in the transportation code. It isn't usually done, but it is legal. Can you point to the specific title/subtitle authorizes that? I was looking and could not find that referenced. [/quote Texas Transportation Code Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and(2) display the license on the demand of a magistrate, court officer, or peace officer. (b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section. I must have fell a sleep during the traffic portion during the Police Academy. This is good probable cause for a traffic stop and it is legal.
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5891232
08/23/15 03:02 AM
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Joined: May 2008
Posts: 69
Emmett
Outdoorsman
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Outdoorsman
Joined: May 2008
Posts: 69 |
Found this on another forum:
The US Supreme Court ruled in Delaware v. Prouse, 440 U.S. 648 (1979) that random spot checks for valid DL or registration is an unconstitutional seizure if there is not at least articulable and reasonable suspicion that the driver is unlicensed or the vehicle is unregistered.
Psalm 121 82nd Airborne Division. 3/504 PIR, Recon
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5907701
09/01/15 06:02 PM
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Joined: Jun 2010
Posts: 7,852
wacorusty
THF Trophy Hunter
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Posts: 7,852 |
1. Will the 30.06 rule still be applicable? 2. Can a privately owned company allow concealed handgun carriers, but deny open carry people?
"The arrogance of officialdom should be tempered and controlled, and assistance to foreign hands should be curtailed, lest Rome fall." Cicero
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Re: Open Carry passed !!!!
[Re: wacorusty]
#5908143
09/01/15 11:07 PM
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Joined: Feb 2008
Posts: 12,221
Grizz
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1. Will the 30.06 rule still be applicable? 2. Can a privately owned company allow concealed handgun carriers, but deny open carry people? There will be a new statute covering open carry (30.07) so business owners can decide if they want to allow one but not the other. If they want to prohibit any carry they will have to post both signs.
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5908939
09/02/15 01:29 PM
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Joined: Jun 2010
Posts: 7,852
wacorusty
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Many thanks Grizz. The discussion here at work is a little complex.
"The arrogance of officialdom should be tempered and controlled, and assistance to foreign hands should be curtailed, lest Rome fall." Cicero
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5909014
09/02/15 02:10 PM
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Joined: Feb 2008
Posts: 12,221
Grizz
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No problem, there has been a lot of misinformation floating around. If the internet forums are any indication, I'd be willing to bet there are guys open carrying right now thinking the law took effect September 1.
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5909200
09/02/15 03:37 PM
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Joined: Jan 2005
Posts: 296
whiteowl
Bird Dog
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Bird Dog
Joined: Jan 2005
Posts: 296 |
I have known since it passed that open carry would not be legal until January 1 but why is this the case? I always thought laws went into effect on the opening day of dove season.
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5909525
09/02/15 06:42 PM
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Joined: Feb 2008
Posts: 12,221
Grizz
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Most laws do take effect Sept. 1, but DPS requested an extension to make sure they had time to get everything worked out. There are a lot of moving parts in this law that need to be addressed.
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5909893
09/02/15 10:11 PM
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Joined: Jan 2005
Posts: 296
whiteowl
Bird Dog
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Bird Dog
Joined: Jan 2005
Posts: 296 |
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Re: Open Carry passed !!!!
[Re: THETEXAN]
#5933212
09/17/15 05:39 PM
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Joined: Oct 2013
Posts: 1,426
DuckCoach1985
Pro Tracker
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Pro Tracker
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Posts: 1,426 |
dang.. yall are good! Appreciate all the clarification!
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