Dutton, or the Dutton amendment refers to Amendment 3 added during the third reading in the House by Dutton and Rinaldi which states:The Annoyed Man wrote:Please pardon my ignorance, but I have to ask...... Who is "Dutton", and why is he significant to the issue?Ruark wrote:I supposed I could tolerate a calm, polite request to quickly glance at my CHL and then let me go on my way, but I'm more concerned about those that are more on power trips - the ones that pull up with their cruisers with lights flashing, take your gun ("for your safety, sir"), go sit in their cars 10 minutes running your ID, ask you 25 questions about where you work, where you're going, etc. etc. etc. while a crowd gathers... while you're TRYING to just enjoy a nice Saturday afternoon stroll with your wife. Now that Dutton has been removed, this WILL happen.
http://www.legis.state.tx.us/tlodocs/84 ... 910H33.PDF" onclick="window.open(this.href);return false;Sec. 411.2049.
CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED. A peace officer may not make an investigatory stop or other temporary detention to inquire as to whether a person possesses a handgun license solely because the person is carrying a partially or wholly visible handgun carried in a shoulder or belt holster.
Per the Senate State Affairs Committee Report, the Dutton Amendment was removed for the following reason:
http://www.legis.state.tx.us/tlodocs/84 ... 00910S.htm" onclick="window.open(this.href);return false;The committee substitute to H.B. 910 removes language from the House's engrossed version providing that the police cannot stop some one who is openly carrying and demand to see identification simply because the person is openly carrying. This language was redundant, because basic principles of constitutional law already establish that the fact that a person is engaged in an activity that is only legal with a license is not sufficient cause for the police to stop the person. All police detentions require reasonable suspicion of criminal activity at a minimum, and that will remain the case for people who openly carry in Texas after this bill becomes law.