I see that HB 195 amends Sect. 411.207 Subsection (A) to addCharles L. Cotton wrote:HB195 (Stickland, R) Relating to the carrying of handguns; providing for the open carrying of handguns; removing the requirement that a person who may lawfully possess handguns obtain a Concealed Handgun License in order to carry a handgun lawfully in the state of Texas, and conforming changes.
Impact: Created unlicensed open or concealed carry; retains all current off-limits areas.
Position on Bill: Support.
Status: Filed 11/10/14.
I would like to see similar language added to HB 164 (or any other OC bill) stating that a peace officer may not detain a person for the sole purpose of determining whether they have a valid CHL. Probable cause of an actual crime should be required for any detention or disarming. An officer can't pull drivers over at random just to check their driver's license; he needs some other offense or probable cause to initiate the traffic stop. The same logic and protections should apply to persons carrying a handgun. Arguably, these protections are already present in the 4th Amendment and other sections of our law, but I think it's wise to spell them out specifically as they apply to OC so as to remove any confusion.The mere possession or carrying of a firearm, openly or concealed, with or without a Concealed Handgun License, shall not constitute probable cause for a peace officer to disarm or detain an otherwise law-abiding person.