TexasCHLforum.com

K5GU wrote:Here's one for discussion. I was visiting in Oklahoma and talking to a convenience store owner about how open carry was going there. He said he originally had a "no open carry in the store" rule, but that changed during an apparent robbery attempt by two thugs demanding cigarettes. Thug #1 who was doing the talking had a knife. Thug #2 was standing behind #1 with both hands in his hoodie. As he was giving the cigarettes to the thugs, a customer came in and realized what was happening. The customer stopped, stared at the thugs while slowly pulling back his jacket, exposing a holstered handgun. The customer said nothing, did not draw his gun..just stood there staring at the thugs. To his surprise, the thugs threw the cigarettes back on the counter and ran! Needless to say, the customer and the store owner was lucky that day. The store owner then walked over and removed his "no open carry in the store" notice! :)

I think in Texas (Dec.31 2015), that scenario, although while very risky, could be a positive "intended consequence" in favor of licensed open-carry, and I suppose would be covered in Penal Code Sec. 9.04.

My question is this. When licensed OC goes effective, and that same thing happened under the same circumstances here and the gun is holstered in a "restraint" holster, would release of the restraint be considered an offense even though the gun stays in the holster? Thanks.

Wysiwyg101 wrote:Awesome...exactly what I wanted to know. Thank you very much.

Wysiwyg101 wrote:These questions may have already been asked and answered but, I couldn't find it right off the bat so, I decided to ask the experts.

First, as far as I know, if you get pulled over, you're required to hand your CHL over as well. Am I correct about that?
If an officer demands to see ID you are required by law to provide your CHL if you are carrying.
Second, If you're walking along and an officer asks to see your ID then are you required to waive your Constitutional rights to not give it unless you are a suspect about to be arrested because of the above requirement?
If an officer demands to see your ID you are required to provide your CHL. There is some debate about the circumstances under which an officer is legally justified in demanding to see ID as opposed to asking to see ID.
Third, with the advent of the new Open Carry law, I've heard that part of it is that officers ware banned from even asking if you have a CHL. Does that nullify the above requirement?
You may be referring to the Dutton amendment which was removed from the bill. If you plan to OC it is highly recommended to comply with an officers request to see your ID. If the request was solely because you were OCing document the encounter and report it to your representatives. Always be polite to officers. The sidewalk is not the place to argue such matters.
This is all pretty confusing to me.