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Open Carry passed !!!! #5765793 05/30/15 03:40 AM
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THETEXAN Offline OP
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About time !



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Re: Open Carry passed !!!! [Re: THETEXAN] #5765844 05/30/15 04:28 AM
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Forgive my ignorance but is this in Texas you speak of?


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Re: Open Carry passed !!!! [Re: THETEXAN] #5765882 05/30/15 05:31 AM
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Yes

Re: Open Carry passed !!!! [Re: THETEXAN] #5765885 05/30/15 05:36 AM
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It's not perfect, but it's a step in the right direction.


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Re: Open Carry passed !!!! [Re: THETEXAN] #5767466 05/31/15 04:26 PM
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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.

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Re: Open Carry passed !!!! [Re: THETEXAN] #5767472 05/31/15 04:42 PM
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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.

Re: Open Carry passed !!!! [Re: THETEXAN] #5767567 05/31/15 06:38 PM
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bigbob_ftw Online Content
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I would be happier with constitutional carry.


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Re: Open Carry passed !!!! [Re: papa45] #5767649 05/31/15 08:17 PM
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Originally Posted By: papa45
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.

Re: Open Carry passed !!!! [Re: cyphertext] #5767723 05/31/15 09:26 PM
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Originally Posted By: cyphertext
Originally Posted By: papa45
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?


Dan

Re: Open Carry passed !!!! [Re: THETEXAN] #5774730 06/05/15 01:50 AM
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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.


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Re: Open Carry passed !!!! [Re: Ranch Dawg] #5774924 06/05/15 06:22 AM
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Originally Posted By: 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.


Originally Posted by bill oxner
There are a couple of housewives near me who mow their yards. They look determined and beautiful on their zero turn mowers.

Re: Open Carry passed !!!! [Re: Ranch Dawg] #5775115 06/05/15 01:24 PM
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Originally Posted By: 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.


This is only if driving a vehicle?

Never heard of just walking having to have or carry a DL......

Re: Open Carry passed !!!! [Re: pegasaurus] #5775132 06/05/15 01:45 PM
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Originally Posted By: pegasaurus
Originally Posted By: 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.



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.


Re: Open Carry passed !!!! [Re: THETEXAN] #5775997 06/06/15 02:09 AM
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Thank ya Grizz.


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Re: Open Carry passed !!!! [Re: Ranch Dawg] #5776118 06/06/15 03:47 AM
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Originally Posted By: Ranch Dawg
Thank ya Grizz.


Yup. Thanks. That is what I was looking for. cheers


Originally Posted by bill oxner
There are a couple of housewives near me who mow their yards. They look determined and beautiful on their zero turn mowers.

Re: Open Carry passed !!!! [Re: Grizz] #5888917 08/21/15 03:08 PM
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Originally Posted By: Grizz
Originally Posted By: pegasaurus
[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.

Re: Open Carry passed !!!! [Re: THETEXAN] #5891232 08/23/15 03:02 AM
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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.


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Re: Open Carry passed !!!! [Re: THETEXAN] #5907701 09/01/15 06:02 PM
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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?


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Re: Open Carry passed !!!! [Re: wacorusty] #5908143 09/01/15 11:07 PM
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Originally Posted By: wacorusty
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.


Re: Open Carry passed !!!! [Re: THETEXAN] #5908939 09/02/15 01:29 PM
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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
Re: Open Carry passed !!!! [Re: THETEXAN] #5909014 09/02/15 02:10 PM
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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.


Re: Open Carry passed !!!! [Re: THETEXAN] #5909200 09/02/15 03:37 PM
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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.

Re: Open Carry passed !!!! [Re: THETEXAN] #5909525 09/02/15 06:42 PM
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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.


Re: Open Carry passed !!!! [Re: THETEXAN] #5909893 09/02/15 10:11 PM
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I can understand that.

Re: Open Carry passed !!!! [Re: THETEXAN] #5933212 09/17/15 05:39 PM
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dang.. yall are good! Appreciate all the clarification!

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