TexasCHLforum.com

Tex1961 wrote: ↑Mon Oct 18, 2021 12:24 pm

ScottDLS wrote: ↑Mon Oct 18, 2021 11:31 am

jmorris wrote: ↑Mon Oct 18, 2021 10:58 am

Soccerdad1995 wrote: ↑Mon Oct 18, 2021 9:58 am Regarding #2, I always thought that a LEO needed probable cause that a crime was being committed in order to stop anyone (general statement not limited to just carrying a gun). And I further thought that just having a handgun was not probable cause (by itself), any more than seeing someone driving a car would be probable cause that they are an unlicensed driver.

Of course now, seeing someone with a gun would be even less probable cause of a crime since people can legally carry without a license.

If I remember correctly when the open carry bill was introduced there was another bill introduced that made it explicit that an LEO could NOT stop and ask for LTC just because you were open carrying. That bill was withdrawn because of existing 4th amendment protection.

The new law contained a similar provision but was stripped out before passage. The only thing that remains is "acting in the lawful discharge of the officer's official duties may disarm a person at any time the officer reasonably believes it is necessary for the protection of the person, officer or another individual." So, can an officer, for the protection of the person, officer or another individual, stop you for an ID check? Wait for the court case.

In my opinion NO, because per SCOTUS precedent and the 4th amendment, stopping and disarming you for no specific reason is unlawful...therefore not in the LAWFUL discharge of the officers duty.

That is how it should be. If you want to see how it plays out in reality, take a look at any of the many YouTube channels out there where officers are ignorant of the law including the Fourth Amendment, trample civil rights, and are not held responsible due to qualified immunity. The typical response from the police departments when a complaint is filed is, "We investigated ourselves and found we did nothing wrong". Only after a lengthy (and expensive) civil rights lawsuit is brought (and concluded/settled in the plaintiff's favor) are there any changes in the training of the law enforcement departments involved.

I do not agree with all of the conclusions that these YouTubers come to, but some good ones to look at include:
Audit the Audit
LackLuster
The Battousai
The Armed Fisherman (Florida based, but a peek of what you may experience when officers are ignorant of the law and have a personal agenda)

I am not a lawyer, this is not legal advice. I am not bashing police officers in general, just pointing out that there are MANY recorded instances where officers are ignorant of the law and the outcome is not good for the person they are investigating. YMMV.