Defense Lawyer: Why you do not stop everyone who is driving to check his license while you did stop the defendant to check his CHL?jimlongley wrote:I feel exactly the opposite. Absent any reasonable suspicion that criminal activity is taking place, open carry in and of itself must be treated as not criminal and does not justify a stop to check CHL, just as it is not an articulated suspicion that anyone driving a car is doing so without a license.Beiruty wrote:As it is a crime to open carry a sidearm without a CHL, the mere observation of person with a holster handgun is an articulated suspicion for LEO to stop the suspect and check his CHL.They removed the amendment, which makes sense to me, because that amendment is not needed anyway. There are already laws in place that require LEOs to have a reason before asking to see your CHL.
http://www.statutes.legis.state.tx.us/D" onclick="window.open(this.href);return false; ... /CR.14.htm
LEO to the Defense Lawyer: 95% of drivers do have valid Driving License while driving. 95% of the people do NOT have a CHL and may want to OC.
If the Amendment is NOT needed legally, why the PDs and many Reps/Senators are against it?