XinTX wrote:ELB wrote:
And this over an amendment that basically just restated a constitutional principle, as the Senate Committee own analysis stated! The report justified removing the Dutton amendment by saying the language was redundant and therefore didn't matter -- which also means that leaving it in doesn't matter either! Or did the committee lie?
I have been a strong proponent for the Dutton/Huffines amendment from the get go. Were it not there, several cities could manufacture a defacto ban on OC via "license checks". And while the committee was correct in stating that the amendment merely restated the summation of case law, someone would have had the burden of going through the judicial proceedings in order to halt harassment of OC'ers via a series of "license checks". This amendment will hopefully remove that step in the process. Now at least the legislative intent is so stated and some of the bed wetter CLEO's can't try to wiggle around it claiming ambiguity in the law.
Not only is the Amendment unnecessary, it is ineffective and has placed two bills in jeopardy. As Huffines in-artfully but repeatedly stated during debate, the amendment (as well as the constitution) prevents detaining someone solely because they are wearing a handgun. A LEO needs something more, but it certainly isn't probable cause as he stated. Reasonable suspicion is the requirement and it would take very little more to meet that standard. Any furtive movement by the person openly-carrying a handgun would be sufficient. Avoiding eye contact, looking nervous, knowing that the person doesn't have a license because they have a misdemeanor conviction
, appearing to be intoxicated, and countless other factors that could be present would justify the stop.
While it would have been in statute, in the real world and courts, it was little more than a policy statement. It was a good policy statement, but it was also a slap in the face to law enforcement because it was a legislative statement that LEOs are not to be trusted. It doesn't matter if anyone agrees with that or not (I do not), that's how the Dutton amendment has been perceived.
Chas.