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League city, per their FAQs state that an 'an officer has the right to stop someone solely based on their OC a handgun to check for a license'

Www.leaguecity.com/opencarry

I know this is debated a lot, but driving a car is illegal without a license, but they can't stop all drivers to check....


Texas Congress needs to fix this!

Teamless wrote:League city, per their FAQs state that an 'an officer has the right to stop someone solely based on their OC a handgun to check for a license'

http://Www.leaguecity.com/opencarry

I know this is debated a lot, but driving a car is illegal without a license, but they can't stop all drivers to check....


Texas Congress needs to fix this!

Driving a car without a license is not against the law. Driving a car without a license on a public highway is contrary to the law.

I also noticed that in their FAQ http://www.leaguecity.com/DocumentCenter/View/13420 states that Hospital and Nursing home CHC is illegal.

mblud wrote:I also noticed that in their FAQ http://www.leaguecity.com/DocumentCenter/View/13420 states that Hospital and Nursing home CHC is illegal.

They haven't read the fine print.

I was at the League City town hall meeting last night, but didn't stay for the whole thing. I couldn't stomach the speeches disguised as questions any longer.

The Chief and Galveston County DA both are aware that hospitals and nursing homes are off-limits only if a CHL is given notice under TPC §30.06. One guy was laughed out of the building after his absurd anti-gun speech/question. Overall, the part I saw from the head table was good. All three at the table stated that CHLs are law-abiding people and there's nothing to fear. The Chief told people this is the new normal so get used to it.

Everyone at the table believes that a LEO is justified in demanding an ID and CHL/LTC from anyone carrying openly. I thought about asking how the DA was going to square that with Delaware v. Prouse, but decided against it. They were clearly supportive of gun owners and I didn't want to make it confrontational when it wouldn't change anyone's mind. I also wasn't going to listen to more pro/anti garbage to stand in line.

Chas.

Charles L. Cotton wrote:I was at the League City town hall meeting last night, but didn't stay for the whole thing. I couldn't stomach the speeches disguised as questions any longer.

The Chief and Galveston County DA both are aware that hospitals and nursing homes are off-limits only if a CHL is given notice under TPC §30.06. One guy was laughed out of the building after his absurd anti-gun speech/question. Overall, the part I saw from the head table was good. All three at the table stated that CHLs are law-abiding people and there's nothing to fear. The Chief told people this is the new normal so get used to it.

Everyone at the table believes that a LEO is justified in demanding an ID and CHL/LTC from anyone carrying openly. I thought about asking how the DA was going to square that with Delaware v. Prouse, but decided against it. They were clearly supportive of gun owners and I didn't want to make it confrontational when it wouldn't change anyone's mind. I also wasn't going to listen to more pro/anti garbage to stand in line.

Chas.

Can't forget US v. Black and Terry v. Ohio!

MeMelYup wrote:Driving a car without a license on a public highway is contrary to the law.

And you did not realize that was my point? Really?

mr1337 wrote:

Charles L. Cotton wrote:I was at the League City town hall meeting last night, but didn't stay for the whole thing. I couldn't stomach the speeches disguised as questions any longer.

The Chief and Galveston County DA both are aware that hospitals and nursing homes are off-limits only if a CHL is given notice under TPC §30.06. One guy was laughed out of the building after his absurd anti-gun speech/question. Overall, the part I saw from the head table was good. All three at the table stated that CHLs are law-abiding people and there's nothing to fear. The Chief told people this is the new normal so get used to it.

Everyone at the table believes that a LEO is justified in demanding an ID and CHL/LTC from anyone carrying openly. I thought about asking how the DA was going to square that with Delaware v. Prouse, but decided against it. They were clearly supportive of gun owners and I didn't want to make it confrontational when it wouldn't change anyone's mind. I also wasn't going to listen to more pro/anti garbage to stand in line.

Chas.

Can't forget US v. Black and Terry v. Ohio!

Black doesn't help because unlicensed open-carry was legal. That's a major legal distinction.

Chas.

I know this is debated a lot, but driving a car is illegal without a license, but they can't stop all drivers to check....

Not to pick on this particular post, but I wish people would stop using this analogy. It has a very serious legal flaw. Note that the law for driving is different from the law for carrying. The Transportation Code makes the lack of a license an element of the offense while the Penal Code makes having it a defense.

Transportation Code

Sec. 521.021. LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.

Penal Code

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.


(b) Section 46.02 does not apply to a person who:
...
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

Under Texas law, non-applicable means a defense to prosecution. In effect, they both make the act legal but it actually means that carrying with your CHL is breaking the law and you can win in court.

I think it is wrong because it is not probable cause when you see the weapon. I have always been taught that it is not probable cause if the behavior has as much chance of being legal as illegal.

I also think that the expert has the best argument. Charles says they can't based on Delaware v. Prouse. I will go with that if I need to.

Unfortunately, I think we will keep seeing this until two things happen: The courts in Texas rule directly on the issue or the people and police see enough people open carrying that they find it normal and stop panicking at it.