If we take [pre-paid legal]'s opinion to heart and you assumption that 3% of the population has a CHL - I actually discount that percentage and think it should be higher simply because that 3% includes everyone under the age of 21, mentally disabled, and people in the rest home - LEOs could argue they are obligated to check everyone they see carrying openly and dispatch would have to direct an officer to MWAG 911 calls.nlyric wrote:I called [pre-paid legal] and talked to a lawyer and that is their view. They can stop, detain, and you will be required to produce chl/id. Because it is illigal in Tx to carry a handgun. We are simply the exceptions.Tracker wrote:
Long guns not the same as there is no law. So no papers please/ no I'd/ no detain. Unless of course there is RAS of a crime. Or concensual of course.
I think their logic is that the fact that only 3% of Texans have been granted exceptions, that it could be reasonable to assume a crime by the mere sight of a handgun. They seemed sure there will be law suits, but not so sure of the outcome in the 5th circuit. As their are some liberal judges. Not all but some.
This is the way I understood my conversation with them.
There's been some talk on here that Austin PD might pursue a policy of stopping everyone they see OCing. According to [pre-paid legal] opinion, the APD could argue 46.02 as their justification to detain and demand to see a CHL. Supposed APD does follow that policy it sets up arguments for a Dutton amendment or even unlicensed carry in the next legislature. But this brings up some questions.
Playing the MDA/devil's advocate I'm going to throw these out. What if you refuse to give your CHL because you clearly are simply siting on a bench having a cup of coffee, minding your own business and reading this forum? Can you be arrested and charged if you refuse claiming the 4th? If an LEO believes the mere sight of an OC justifies probable cause that you could be committing a Class A violation under 46.02, can he draw is weapon on you until you present him with your CHL?
And like I asked in an earlier post, 46.02 doesn't apply to pre -1899 BP replicas. So you could have two 2nd amendment activists out on the town together, one carrying a modern semi and the other a replica. Under [pre-paid legal]'s legal opinion and officer can detain and demand a CHL from the semi carrier but he could not detain and demand ID from the replica carrier?