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I saw a LEO, in civilian clothes and with his family,Open Carrying at Cabelas last night (31JAN09). I was wondering if they can do that? I was under the impression that they could not.

Hi I'm the new guy, this is my first post!
I beleve He can but has to have something displayed like a badge or a T-shirt that indacates he is a law-dogg.
I could be wrong, thats how it works in South Carolina where I'm from....but I guess it could very for state to state.http://www.texasshooting.com/TexasCHL_F ... 20&t=22227#" onclick="window.open(this.href);return false;

Lighthammer - XtremeDuty
This section is only for posting firearms for sale. Your post will be moved or deleted by a moderator.

And it has been relocated to the appropriate section. Carry on.

sorry bout that dont know what i was thinking

XtremeDuty.45 wrote:I saw a LEO, in civilian clothes and with his family,Open Carrying at Cabelas last night (31JAN09). I was wondering if they can do that?

Yes they can.

XtremeDuty.45 wrote:I was under the impression that they could not.

Why?

There don't seem to be any laws against it. I've read over a dozen discussions on many forums where somebody claims that Texas peace officers can't open carry out of uniform, or they need to have a badge showing, or some other claim. However, when they're asked to cite the law to back up their claim, they never can. That tells me something.

A department may have policies about carrying a gun off duty but those policies aren't laws. I once worked for a company that had a policy against short selling company stock. I could have been fired if I did but it wouldn't be a crime. (As long as I didn't violate SEC rules about insider trading. )

This question has also been discussed and addressed in this thread (and others). There are some more definitive answers to your question there.

http://www.texasshooting.com/TexasCHL_F ... 23&t=20885" onclick="window.open(this.href);return false;

XtremeDuty.45 wrote:I saw a LEO, in civilian clothes and with his family,Open Carrying at Cabelas last night (31JAN09). I was wondering if they can do that? I was under the impression that they could not.

Hi, curious to understand how you knew he was a LEO. Was some type of identification displayed?

Did you observe any alarming responses from other customers?

I saw his badge. It was displayed next to his gun.

I was under the impression that Texas Law Stated NO open carry even for LEOs. Last I checked a law was a law and ALL people have to follow it. LEOs inforce and uphold the law abd also have to FOLLOW the law. I know that they can CC when off duty and some departments require them to also carry their badge when they do but like I said I thought OC was no go for EVERYONE. I just dont see why they should be an exception and not have to follow the laws.

Conagher wrote:

XtremeDuty.45 wrote:I saw a LEO, in civilian clothes and with his family,Open Carrying at Cabelas last night (31JAN09). I was wondering if they can do that? I was under the impression that they could not.

Hi, curious to understand how you knew he was a LEO. Was some type of identification displayed?

Did you observe any alarming responses from other customers?

I was wondering how many people tried to "snatch" his weapon.

Sorry missed that one...

I acually spotted the LEO on my way out. I can just imagine the pandemonium on the inside.

flintknapper wrote:

Conagher wrote:Did you observe any alarming responses from other customers?

I was wondering how many people tried to "snatch" his weapon.

XtremeDuty.45 wrote:I saw his badge. It was displayed next to his gun.

You're absolutely certain it wasn't a CHL badge?

I guess you just never really know!

XtremeDuty.45 wrote:I was under the impression that Texas Law Stated NO open carry even for LEOs. Last I checked a law was a law and ALL people have to follow it. LEOs enforce and uphold the law and also have to FOLLOW the law. I know that they can CC when off duty and some departments require them to also carry their badge when they do but like I said I thought OC was no go for EVERYONE. I just don't see why they should be an exception and not have to follow the laws.

Well, this is a common misconception about open carry. In the law banning people from carrying, there was originally nothing mentioning open or concealed carry. The law then had exceptions put in to allow certain people to carry. One group of these people are peace officers. Since the unlawfully carrying law does not apply, they can carry open or concealed. It is the same law and exception applying tot hem when they are on duty or off. Other groups also had the same authority. For example, a person who is traveling can carry either openly or concealed. The law just does not apply to them.

Then there are some exceptions put in that have some limit on them. For example, security officers may carry if the weapon is in plain view and they are in uniform. The opposite was written for CHL's where they can carry if the weapon is concealed.

So, when I carry in the open, even in plain clothes and off duty, I am just obeying the law. I do support removing the restriction on carrying for all people since I agree officers should not have special privileges. I am trying to help work on this, and recommend taking small steps until Chapter 46 is gone. First we got CHL, then we got car carry, next we go for more places CHLs can carry. Then we can work on licensed open carry, then unlicensed carry a la Alaska. I am willing to move up the schedule if it looks like it will win but I don't want to push too hard and lose what little gains we have made.