Open Carry: what should we expect from LEO encounters?

[dk523]

Assuming Governor Abbott signs HB 910, I'm interested to know how LEO encounters might go if a CHL holder decides to open carry. A couple of scenarios:

1. A CHL holder is asked by a LEO to show him his CHL, the request being made only because he is open carrying, what happens if he refuses to show his CHL? I'm interested to know what the LEO might do, and how it might be handled by the DA/court if the LEO makes an arrest.

2. A CHL holder open carries in an improperly posted building (like American Airlines Center or other government owned property), and is denied entry due to the fact that he's carrying a weapon. Or maybe it's a government owned building that's not posted but he is denied entry or told to leave (library, city hall, etc.). Can they legally bar him from entering/staying? What if he has a paid ticket for a concert, etc., and refuses to leave? If a LEO shows up, what can he expect to happen in the LEO encounter? Refuse entry until he locks it up in the car? Ordered to leave? Arrested for failure to comply or trespassing? If he's arrested, how might the DA/courts handle it?

Personally I have no desire to open carry in most public places, but I'd like to know what might happen in case I do one day. And I certainly don't want to be the first person to try it! Last year I carried at the American Airlines Center for a concert. They were searching bags and wanding everyone, but somehow I stepped right past the lady while she was wanding someone else and she didn't notice. I wonder what their policy will be going forward once they realize CHL holders have the right to open/conceal carry there for concerts or other non-prohibited events.

I'm especially interested in hearing opinions from LEOs and attorneys.

[winters]

Any way it goes down its going to take a long time for the police to get used to people openly carrying. Although most cops don't seem to care I expect the ones who are very anti chl and open carry to try making examples out of them. You can see how people are treated in other states with open carry and how the police react so its not some made up anti police thing.

[Jumping Frog]

You can see how people are treated in other states with open carry and how the police react so its not some made up anti police thing.

My experience with Open Carry, as well as knowing quite a few open carriers, is that 99% of police interactions are great. No problem at all.

I've observed that the ordinary, working stiff cop generally supports the 2nd Amendment. It is the police chiefs, the politically-motivated people who want to become chiefs, and the police unions that are generally anti-2A.

[Beiruty]

If you are told to leave, you have been legally notified. DEPART immediately or you would be arrested and charged with a crime (up to a felony).

[jimlongley]

Any way it goes down its going to take a long time for the police to get used to people openly carrying. Although most cops don't seem to care I expect the ones who are very anti chl and open carry to try making examples out of them. You can see how people are treated in other states with open carry and how the police react so its not some made up anti police thing.

Any way it goes down, the law will have been passed and on the books long before it goes into effect, and part of the reason for the delay is so that the police to get used to the idea (more of an excuse than a reason IMO) they should be ready for people to be open carrying on day one.

Actually part of the reason that I kind of support "Texas OC Awareness Day" 01/01/16.

[mr1337]

If you are told to leave, you have been legally notified. DEPART immediately or you would be arrested and charged with a crime (up to a felony).

Can you be trespassed on city-owned property?

After 9/1/2015, the power for cities to give oral notice under 30.06 & 30.07 will be statutorily removed, but as they say, you can beat the rap, but not the ride.

[cb1000rider]

Can you be trespassed on city-owned property?

LEOs certainly can issue the warning and arrest, although how it gets sorted out later is a different question... Austin has arrested demonstrators on public property before.

[Jumping Frog]

If you are told to leave, you have been legally notified. DEPART immediately or you would be arrested and charged with a crime (up to a felony).

That isn't accurate. The OP explicitly described building that are illegally posted, ie, government buildings. That isn't a crime, much less a felony.

Even if we were discussing a private business that is allowed to post, refusing to leave when verbally notified is a Class A Misdemeanor, not a felony.

[winters]

If someone tells you to leave I would do it and never return honestly. If they want to be ignorant they can enjoy losing money which keeps their business afloat. I have seen many businesses fail because the owner is a jerk.

[Texsquatch]

Your questions are strewn with the word "legally". That's the kicker. There's could be lots of stuff LEO's do that may or may not be legal, or are grey. However, the problem is that it may take a judge to say if any action was legal, and by that point, you could already be up to your neck with lawyer fees and maybe even an bondsman.

[Deltaboy]

IMO there will be city's paying out some paydays the next few years till the city PD' S like say Austin learns the Law has change and all they can do is grin and bear it.

[drjoker]

That may be true, but, remember, it was the lunch counter protesters that finally got Apartheit abolished in the USA. There is not law that says you have to let everyone in your business, but nobody that I know of tells customers of a certain race to leave a publicly open business anymore, because of these protesters. Therefore, if any of y'all want to do an open carry demonstration someplace that is 30.06 posted but not 30.07 posted by open carrying, I will buy y'all pizza. Free pizza with a topping. Up to 24 slices for the first 24 protesters.

Be sure to call the news crews out before y'all show up INSIDE the posted location.

If you get unlawfully arrested after committing no crime, I'll even pay your bail for the first person arrested. (unlawfully arrested means you have committed no crime and you're arrested) This offer is not valid if you are disrespectful to a police officer (cussing, name calling, etc).

Oh and it's for after 1/1/16, of course. Preferably in Whole Foods.

If someone tells you to leave I would do it and never return honestly. If they want to be ignorant they can enjoy losing money which keeps their business afloat. I have seen many businesses fail because the owner is a jerk.

[mojo84]

That may be true, but, remember, it was the lunch counter protesters that finally got Apartheit abolished in the USA. There is not law that says you have to let everyone in your business, but nobody that I know of tells customers of a certain race to leave a publicly open business anymore, because of these protesters. Therefore, if any of y'all want to do an open carry demonstration someplace that is 30.06 posted but not 30.07 posted by open carrying, I will buy y'all pizza. Free pizza with a topping. Up to 24 slices for the first 24 protesters.

Be sure to call the news crews out before y'all show up INSIDE the posted location.

If you get unlawfully arrested after committing no crime, I'll even pay your bail for the first person arrested. (unlawfully arrested means you have committed no crime and you're arrested) This offer is not valid if you are disrespectful to a police officer (cussing, name calling, etc).

Oh and it's for after 1/1/16, of course. Preferably in Whole Foods.

If someone tells you to leave I would do it and never return honestly. If they want to be ignorant they can enjoy losing money which keeps their business afloat. I have seen many businesses fail because the owner is a jerk.

This type of stuff is exactly what we don't need.

[WildBill]

That may be true, but, remember, it was the lunch counter protesters that finally got Apartheit abolished in the USA. There is not law that says you have to let everyone in your business, but nobody that I know of tells customers of a certain race to leave a publicly open business anymore, because of these protesters. Therefore, if any of y'all want to do an open carry demonstration someplace that is 30.06 posted but not 30.07 posted by open carrying, I will buy y'all pizza. Free pizza with a topping. Up to 24 slices for the first 24 protesters.

Be sure to call the news crews out before y'all show up INSIDE the posted location.

If you get unlawfully arrested after committing no crime, I'll even pay your bail for the first person arrested. (unlawfully arrested means you have committed no crime and you're arrested) This offer is not valid if you are disrespectful to a police officer (cussing, name calling, etc).

Oh and it's for after 1/1/16, of course. Preferably in Whole Foods.

If someone tells you to leave I would do it and never return honestly. If they want to be ignorant they can enjoy losing money which keeps their business afloat. I have seen many businesses fail because the owner is a jerk.

This type of stuff is exactly what we don't need.

I am not interested in free pizza or bail.

[jmra]