Texas Hunting Forum

Open Carry passed !!!!

Posted By: THETEXAN

Open Carry passed !!!! - 05/30/15 03:40 AM

About time !
Posted By: Bullfrog

Re: Open Carry passed !!!! - 05/30/15 04:28 AM

Forgive my ignorance but is this in Texas you speak of?
Posted By: krmitchell

Re: Open Carry passed !!!! - 05/30/15 05:31 AM

Yes
Posted By: RiverRider

Re: Open Carry passed !!!! - 05/30/15 05:36 AM

It's not perfect, but it's a step in the right direction.
Posted By: Toxarch

Re: Open Carry passed !!!! - 05/31/15 04:26 PM

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?
Posted By: papa45

Re: Open Carry passed !!!! - 05/31/15 04:42 PM

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.
Posted By: bigbob_ftw

Re: Open Carry passed !!!! - 05/31/15 06:38 PM

I would be happier with constitutional carry.
Posted By: cyphertext

Re: Open Carry passed !!!! - 05/31/15 08:17 PM

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.
Posted By: Texas Dan

Re: Open Carry passed !!!! - 05/31/15 09:26 PM

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?
Posted By: Ranch Dawg

Re: Open Carry passed !!!! - 06/05/15 01:50 AM

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.
Posted By: pegasaurus

Re: Open Carry passed !!!! - 06/05/15 06:22 AM

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.
Posted By: RedRanger

Re: Open Carry passed !!!! - 06/05/15 01:24 PM

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......
Posted By: Grizz

Re: Open Carry passed !!!! - 06/05/15 01:45 PM

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.
Posted By: Ranch Dawg

Re: Open Carry passed !!!! - 06/06/15 02:09 AM

Thank ya Grizz.
Posted By: pegasaurus

Re: Open Carry passed !!!! - 06/06/15 03:47 AM

Originally Posted By: Ranch Dawg
Thank ya Grizz.


Yup. Thanks. That is what I was looking for. cheers
Posted By: barndoor

Re: Open Carry passed !!!! - 08/21/15 03:08 PM

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.
Posted By: Emmett

Re: Open Carry passed !!!! - 08/23/15 03:02 AM

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.
Posted By: wacorusty

Re: Open Carry passed !!!! - 09/01/15 06:02 PM

1. Will the 30.06 rule still be applicable?
2. Can a privately owned company allow concealed handgun carriers, but deny open carry people?
Posted By: Grizz

Re: Open Carry passed !!!! - 09/01/15 11:07 PM

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.
Posted By: wacorusty

Re: Open Carry passed !!!! - 09/02/15 01:29 PM

Many thanks Grizz. The discussion here at work is a little complex.
Posted By: Grizz

Re: Open Carry passed !!!! - 09/02/15 02:10 PM

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.
Posted By: whiteowl

Re: Open Carry passed !!!! - 09/02/15 03:37 PM

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.
Posted By: Grizz

Re: Open Carry passed !!!! - 09/02/15 06:42 PM

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.
Posted By: whiteowl

Re: Open Carry passed !!!! - 09/02/15 10:11 PM

I can understand that.
Posted By: DuckCoach1985

Re: Open Carry passed !!!! - 09/17/15 05:39 PM

dang.. yall are good! Appreciate all the clarification!
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