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TX Constitutional Carry Headed for Governor Abbott’s Desk


Sedalia Dave

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Great news!!

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Hurrah for Texas!

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"Constitutional Carry", or some version of it, is spreading.  MA requires a permit to carry concealed and leaves the issuance of such a permit to the discretion of the Chief of Police in your town of residence.  Although MA law allows open carry, it is almost a certainty that you will be cited, arrested or at least detained and questioned if you try it.  Which leads me to my question.  For those of you who are LEOs in open carry states, how do you seperate good guys with guns from bad guys at a scene?  How do you distinguish a law abiding citizen with a gun from a disqualified felon?  When you are walking up on a guy with a gun, do you assume they are all bad guys until they show otherwise?  And how do they do that, in the absence of permits?  Are you never sure until you run their record?  

 

LL

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5 hours ago, Loophole LaRue, SASS #51438 said:

"Constitutional Carry", or some version of it, is spreading.  MA requires a permit to carry concealed and leaves the issuance of such a permit to the discretion of the Chief of Police in your town of residence.  Although MA law allows open carry, it is almost a certainty that you will be cited, arrested or at least detained and questioned if you try it.  Which leads me to my question.  For those of you who are LEOs in open carry states, how do you seperate good guys with guns from bad guys at a scene?  How do you distinguish a law abiding citizen with a gun from a disqualified felon?  When you are walking up on a guy with a gun, do you assume they are all bad guys until they show otherwise?  And how do they do that, in the absence of permits?  Are you never sure until you run their record?  

 

LL


I can’t answer your question as a Law Enforcement Officer, but I have carried, mostly open, for over fifteen years now in a state where the carry permit was just that, a carry permit! No differentiation between open or concealed is made in our permit. 
 

Earlier this year, we went “Constitutional” carry and in my experience nothing has changed. In all those years of carrying open, I have interacted with police officers fairly often. NOT ONCE in all of those years has any officer requested to see my permit!! Quite the contrary, on most occasions the officer has nodded toward my sidearm and smiled or even asked what I was carrying.  I’ve actually received complements and encouragement from some LEOs and once even a “thank you”.

 

Don’t ask me how they know, but most of them just know. Other than how I shade my sidearm to protect against any attempt to take it, a technique taught to me by a self defense specialist, I don’t visibly do anything different than I would were I unarmed and you’d likely never detect the technique.

 

My reasons for open carry have been explained before. I won’t revisit them here. I’ll just say that so far, I have had nothing happen to discourage my continuing to do so.  I’m almost certain that if more people did so, the stigma and probably much of the angst experienced by others would diminish greatly!!

 

 

 

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13 hours ago, Loophole LaRue, SASS #51438 said:

"Constitutional Carry", or some version of it, is spreading.  MA requires a permit to carry concealed and leaves the issuance of such a permit to the discretion of the Chief of Police in your town of residence.  Although MA law allows open carry, it is almost a certainty that you will be cited, arrested or at least detained and questioned if you try it.  Which leads me to my question.  For those of you who are LEOs in open carry states, how do you seperate good guys with guns from bad guys at a scene?  How do you distinguish a law abiding citizen with a gun from a disqualified felon?  When you are walking up on a guy with a gun, do you assume they are all bad guys until they show otherwise?  And how do they do that, in the absence of permits?  Are you never sure until you run their record?  

 

LL

You being a JD will appreciate this. These are the amendments to the original bill as pressured by the Texas Police Chiefs and Sheriffs. This is the language from the Conference Committees report to the houses.

SECTION 3. Article 14.03, Code of Criminal Procedure, is
7 amended by adding Subsection (h) to read as follows:
8 (h) ( 1) A peace officer who is acting in the lawful discharge
9 of the officer's official duties may disarm a person at any time the
10 officer reasonably believes it is necessary for the protection of
11 the person, officer, or another individual. The peace officer
12 shall return the handgun to the person before discharging the
13 person from the scene if the officer determines that the person is
14 not a threat to the officer, person, or another individual and if
15 the person has not committed a violation that results in the arrest
16 of the per son.
17 ( 2) A peace officer who is acting in the lawful
18 discharge of the officer's official duties may temporarily disarm a
19 person when the person enters a nonpublic, secure portion of a law
20 enforcement facility, if the law enforcement agency provides a gun
21 locker or other secure area where the peace officer can secure the
22 person 1 s handgun. The peace officer shall secure the handgun in the
23 locker or other secure area and shall return the handgun to the
24 person immediately after the person leaves the nonpublic, secure
25 portion of the law enforcement facility.
26 (3) For purposes of this subsection, "law enforcement
27 facility" and "nonpublic, secure portion of a law enforcement
facility" have the meanings assigned by Section 411. 207, Government Code.
 

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Lot of potential for abuse in that.  I would like to know the interpretation of “immediately “ just for openers......”reasonably “ would be another.  I trust my police, but am always wary of the potential for abuse.  It is a difficult job. God bless all honorable and honest cops.

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