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dhoobler wrote:

locke_n_load wrote:

dhoobler wrote:

locke_n_load wrote:Is there no opinion requested for police demanding ID for Open Carriers without any other suspicion/cause?

No. That question relates to HB 910, not SB 11.

There was an amendment added to HB 910 that would have prohibited police officers from asking for ID of someone who was openly carrying a handgun. It had support from democrats, who feared profiling, and from libertarians. It was removed from HB 910 prior to passage because of push-back from law enforcement.

I know it relates to OC, but I thought someone here who has read through the requests might know.
I am also aware of the Dutton amendment, but the legislature said it was not needed because the 4th amendment gave that protection. I thought someone may have asked for clarification by the AG if police could ask for a license with no other suspicion other than an openly carried handgun.

There is no request for opinion addressing when/where a police officer can detain someone who is openly carrying a firearm. The US Supreme Court set the threshold very low in the 1968 case, Terry vs. Ohio for when a police officer to detain someone. The outcome of the case is called a "Terry stop".

Here is a YouTube video by an attorney explaining the case.

ScottDLS wrote:

mreed911 wrote:

locke_n_load wrote:Is there no opinion requested for police demanding ID for Open Carriers without any other suspicion/cause?

Carrying a handgun, concealed or openly, is a crime in Texas. That's RS/PC enough for the stop.

An LTC makes the law not apply (which is NOT the same as an exception in terms of the penal code), but you can't know that until after the stop.

Sucks, but that's the way it is.

That is not settled law. It's illegal to drive a car on a public highway unless you have a valid driver's license, and Texas law says that that it's OK for a cop to stop you to verify that you have a license, but SCOTUS disagrees in Delaware v. Prouse (1979). This is probably the closest analogy to licensed open carry in Texas. So I expect it will be sorted out in the New Year.

dhoobler wrote:

locke_n_load wrote:Is there no opinion requested for police demanding ID for Open Carriers without any other suspicion/cause?

No. That question relates to HB 910, not SB 11.

There was an amendment added to HB 910 that would have prohibited police officers from asking for ID of someone who was openly carrying a handgun. It had support from democrats, who feared profiling, and from libertarians. It was removed from HB 910 prior to passage because of push-back from law enforcement.