timtheteacher wrote:I asked him about the Ohio case in general and HB910.....
"As far as the Ohio case goes the reason, probably only reason, there is/was a 4th amendment claim is because he went well beyond just contacting the guy and asking to see his license or checking to see if he had one. The issue in my opinion was the whole disarming, handcuffing, length of detention, and then charging him with something it doesn't really seem that applies. If he had simply approached the guy, explained why he was there, and then verified the guy had a license it could've been a done deal and we would have never heard about it.
Disarming a CHL holder this is what TX law currently says:
GC 411.207 : (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.
" Obviously it is still to be seen what happens with the Texas law, but likely that it will pass. Basically from what I've seen for the most part it just changes the wording from "concealed" to essentially not conceal "in some type of holster". Doesn't change the requirements to have a license, have the license in possession when carrying, and display the license upon demand. The seizure question, I do not think, comes into play by simply making contact and asking to see the license, it's the disarming and length of contact/detention that is or will be the issue."
"As far as the way police here will handle open carry calls, here is what I suspect. When the law first is implemented it is very likely that we will get some calls. I really don't suspect there will be a huge influx of guys walking around with guns hanging off their hip, personally I would rather keep mine concealed and not advertise it. I would hope that we would train our dispatchers on what the new law is and they could screen out most of them by explaining the law and that it is now legal to open carry, unless the person is doing something wrong ( pulling gun out, displaying it, waving it around, etc) there is no reason for an officer to respond. Ofcourse you will have those who won't want to accept that answer and we will on occasion have to send and officer to check. Then it's simply do like I explained earlier, contact subject, explain why we are there, check/verify license and leave. I have never had an issue when dealing with a lawful CHL holder with them disclosing they had a firearm, making sure they didn't do anything silly while I was there, asking them a couple questions, and showing me their CHL."
I have done a ride along with him and he is a very common sense guy.
Wise man, your friend