If this happened to me, I would be polite, but I would ask the officer if he had an articulable suspicion that I was either committing or about to commit a crime. If he said, yes, you are openly carrying a weapon, I would say, that is not a crime. What is your suspicion based upon? If he didn't have another articulable suspicion beside my carrying a weapon, I would ask him if I was free to go. If he said yes, I would thank him and walk away. If he said no, I would ask if I'm being detained. If he said yes, I would ask him to please contact his supervisor and ask him to come to our location. Then we would do the dance again. If they cuffed me, I would ask them what crime I am suspected of committing, etc., etc.locke_n_load wrote:So, I have a question now that it looks like we may get OC without the Huffines/Dutton.
I am walking down the street, pistol in a holster on my hip, I have a CHL and am Open Carrying, and just walking, minding my own business. Can a cop come up and ask for my license? Would I legally have to give it to him? Can I tell him no, that I have a CHL but don't wish to give it to him, that it's included in the 4th amendment? I know that the penal code says that I must produce my license if I am concealed carrying, just wondering how all this would go with OC.
Thanks.
The reality is that if officers want to make up AS, it's not that hard. You were acting suspiciously. You hand was on your gun, etc., etc. The only defense you would have is video of the actions that led to the interaction. Without that, it's the officer's word against yours, and he wins.
I would go through all this, because I want to educate the officer, not because I'm obstreperous.
