TexasCHLforum.com

cb1000rider wrote:

nightmare69 wrote:Deberry v US says a firearm lawfully carried cannot be the only cause for a stop. So I could open carrys rifle lawfully and legally the police could not stop me right?

I'm not an attorney, so your mileage may vary:

You are correct in a legal sense. They cannot detain you without an reasonable (articulable) suspicion.

Just be aware that there is nothing stopping and officer from "investigating" and "asking" questions. They can approach you. They can ask. It's a very fine line between an officer asking and inquiring to commanding compliance. You may not be aware when it shifts from asking to commanding.

Also be aware that if you were reported by a neighbor and that neighbor provided an articulable suspicion, such as pointing the gun, acting in defined unusual way, they can detain you. It matters not if it is true. And you're not going to know either way up front, so you're disadvantaged.

Generally the way you can get a LEO to tell you if you're just being "asked" or if you're being "detained" is by asking him/her if you're free to leave. If the answer is no, you're detained. If there is no answer or the answer is yes, continue on your way.

Also note that in Texas, people exercising these rights have been arrested and at least one of the more recent incidents hasn't made it through the court yet.