Search found 1 match

by ScottDLS
Tue Dec 22, 2015 7:09 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: AG opinion on SB11
Replies: 23
Views: 4131

Re: AG opinion on SB11

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.

Return to “AG opinion on SB11”