There are people out there who are so scared of guns that a holsteres=d pistol carried by an LEO. If the mental alarm of the complaining witness is the standard used, LEOs would be susceptible to a disturbing the peach charge--there is no law enforcement exception to PC 42.01.CompVest wrote:The difference is the "public" expects to see a firearm carried openly on an LEO.Beiruty wrote:A holstered gun openly carried should not constitute a disorderly conduct, because is calculated to cause alarm. Otherwise, LEO would not be allowed to carry openly. The fear of guns can and do happen at first sight, whether LEO was the actor or a civilian.
Other than that, if I were to be arrested on my own property for open carry, the police department had better have some very good lawyers because I'm sure any number of attorneys would just love to file a §1983 suit for that arrest.