Open Carry: what should we expect from LEO encounters?

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WildBill
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Re: Open Carry: what should we expect from LEO encounters?

#16

Post by WildBill »

dk523 wrote:Assuming Governor Abbott signs HB 910, I'm interested to know how LEO encounters might go if a CHL holder decides to open carry. A couple of scenarios:

1. A CHL holder is asked by a LEO to show him his CHL, the request being made only because he is open carrying, what happens if he refuses to show his CHL? I'm interested to know what the LEO might do, and how it might be handled by the DA/court if the LEO makes an arrest.

I'm especially interested in hearing opinions from LEOs and attorneys.
I am not an LEO or attorney, but my guess is that you would be arrested.

Your charges would probably be dismissed after you were bailed out from jail and your attorney went to court to plead your case.

Meanwhile your CHL would be suspended until the charges were dismissed.

Lawyers and LEOs are free to offer their opinions.
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jmra
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Re: Open Carry: what should we expect from LEO encounters?

#17

Post by jmra »

WildBill wrote:
dk523 wrote:Assuming Governor Abbott signs HB 910, I'm interested to know how LEO encounters might go if a CHL holder decides to open carry. A couple of scenarios:

1. A CHL holder is asked by a LEO to show him his CHL, the request being made only because he is open carrying, what happens if he refuses to show his CHL? I'm interested to know what the LEO might do, and how it might be handled by the DA/court if the LEO makes an arrest.

I'm especially interested in hearing opinions from LEOs and attorneys.
I am not an LEO or attorney, but my guess is that you would be arrested.

Your charges would probably be dismissed after you were bailed out from jail and your attorney went to court to plead your case.

Meanwhile your CHL would be suspended until the charges were dismissed.
And you would likely never recover the money spent on your defense.
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WildBill
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Re: Open Carry: what should we expect from LEO encounters?

#18

Post by WildBill »

jmra wrote:
WildBill wrote:
dk523 wrote:Assuming Governor Abbott signs HB 910, I'm interested to know how LEO encounters might go if a CHL holder decides to open carry. A couple of scenarios:

1. A CHL holder is asked by a LEO to show him his CHL, the request being made only because he is open carrying, what happens if he refuses to show his CHL? I'm interested to know what the LEO might do, and how it might be handled by the DA/court if the LEO makes an arrest.

I'm especially interested in hearing opinions from LEOs and attorneys.
I am not an LEO or attorney, but my guess is that you would be arrested.

Your charges would probably be dismissed after you were bailed out from jail and your attorney went to court to plead your case.

Meanwhile your CHL would be suspended until the charges were dismissed.
And you would likely never recover the money spent on your defense.
:iagree: Of course not.
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Re: Open Carry: what should we expect from LEO encounters?

#19

Post by Crossfire »

Here's the thing. You have a whole 6 more months to decide how you, personally, are going to handle the responsibility of open carry, or if you will open carry, at all.

During that time, you might want to think about how hard some people fought to get this done for you, and how you might not want to make all the rest of us look like a bunch of jack-wagons. Please.

If a LEO asks for ID, I will show it. If a venue does not want me to open carry there, then I will conceal, or, if that is not an option, then I won't go.

Nothing changes here. Obey the law. Be respectful. Act like a grown up.
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Re: Open Carry: what should we expect from LEO encounters?

#20

Post by The Wall »

^ :iagree: Good advice for sure.
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Re: Open Carry: what should we expect from LEO encounters?

#21

Post by jmra »

:iagree: :iagree:
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Re: Open Carry: what should we expect from LEO encounters?

#22

Post by nightmare69 »

If a LEO asks for your CHL please just show it. If you feel that his request or commands were unlawful then file a complaint with the department and request a meeting with the brass. This is going to take awhile for LEOs to get used to so please obey any and all commands. Those who decide to play roadside lawyer may be subject to use of force such as taser or getting taken down hard. You also don't wanna be drawn down on either. So be respectful and obey, talk to your local PD and ask how they will handle OC calls. Most all LE agencies have a PR officer and a Facebook page.
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Re: Open Carry: what should we expect from LEO encounters?

#23

Post by bjthompson »

Most of the replies so far have addressed the authority of a business owner to tell you to leave and I don't think anyone disputed this. But, regarding the OP's second scenario, who in a government owned arena that is illegally posted would have the authority to ask you to leave? The ticket puncher, the guy selling peanuts, the security staff?
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Re: Open Carry: what should we expect from LEO encounters?

#24

Post by dk523 »

bjthompson wrote:Most of the replies so far have addressed the authority of a business owner to tell you to leave and I don't think anyone disputed this. But, regarding the OP's second scenario, who in a government owned arena that is illegally posted would have the authority to ask you to leave? The ticket puncher, the guy selling peanuts, the security staff?
Exactly my concern. And I'm not just concerned about open carry at one of the government owned properties, such as the American Airlines Center. What happens if I carry concealed there (to a concert), and I get wanded by the security guy at the door? Do they have the right to bar me from entering with my concealed handgun, or do I have the right to enter with it?
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Re: Open Carry: what should we expect from LEO encounters?

#25

Post by Mel »

dk523 wrote:
bjthompson wrote:Most of the replies so far have addressed the authority of a business owner to tell you to leave and I don't think anyone disputed this. But, regarding the OP's second scenario, who in a government owned arena that is illegally posted would have the authority to ask you to leave? The ticket puncher, the guy selling peanuts, the security staff?
Exactly my concern. And I'm not just concerned about open carry at one of the government owned properties, such as the American Airlines Center. What happens if I carry concealed there (to a concert), and I get wanded by the security guy at the door? Do they have the right to bar me from entering with my concealed handgun, or do I have the right to enter with it?
I believe I've seen here and other places that if they are wanding and there are no other reasons you can't carry, just tell them you don't want to be wanded.
They will then refer you to an LEO. Show him/her your CHL and you're good to go.
Mel
Airworthiness Inspector specializing in Experimental and Light-Sport Aircraft since the last Century.
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