There’s a really big problem with Texas’s new gun law

[SecularMotion]

For one thing, legal experts say, it’s not clear if the law allows police to detain someone who they suspect is open carrying without a license. Some districts are training police to ask to see a license only if an individual is engaging in otherwise suspicious activity. Others say they are free to ask because there is reasonable suspicion that the person may be committing a crime—unlawfully carrying a gun without a license.

Even trickier for police officers is what happens when a citizen is asked and refuses to show proof of an open-carry license. According to the Dallas Morning News, there is no penalty in the law for license holders who refuse to do so:

Case law in Texas could prohibit police from arresting that person, since the action has no penalty.

But if the person isn’t a license holder, the officer can arrest him for unlawfully carrying a gun. So at what point does an officer know enough — like the person’s identity and whether he’s a license holder — to determine whether to make an arrest?

In other words, as it is written, the new open carry law is nearly impossible to enforce, said Geoffrey Corn, a professor of law at the South Texas College of Law in Houston. “It’s kind of like a Catch-22,” he told Fusion. Carrying without a license is illegal, but there’s no clear way for police to investigate if the person does indeed have a license to open carry or not.

http://fusion.net/story/250332/texas-open-carry-law/

[Ilsa]

1. And that's how it is in Texas... nt

[Moliere]

2. And police are expected to just walk up to people with guns and talk?

How exactly is that going to work? Open carry will detract anyone from interacting

[Lizzie Poppet]

9. If the open carrier is obeying the law, the weapon will be holstered or slung.

If it's in their hands, that's "brandishing," and any cops responding will be doing so with weapons drawn and demanding that they drop the weapon (or just opening fire if the person isn't white...but that fucked-up situation is another matter for another post).

[ileus]

3. Pretty much if it's OC you can bet it's going to be legal.

Very few criminals are going to be willing to draw that attention to themselves.....

Just another poutrage crying article.

I suppose open carrying of rifles was acceptable.

[Duckhunter935]

4. yep, now those rifle carrying

Last edited Tue Jan 5, 2016, 06:38 PM - Edit history (1)

Knuckleheads can disappear

[daleanime]

5. Of course they will.....

They'll be doing 'duck and cover', just like everyone else.

[phantom power]

6. I think we know how it's going to work in practice.

If you are white, nobody will detain you, or otherwise hassle you in any way. If your skin is some other, non-white, shade, you'll be hassled, and/or arrested, and/or simply executed on the spot.

[Eleanors38]

8. Un, sorry, but considerable evidence to the contrary. Wanna see it?

[Packerowner740]

16. 43 other states have some form of open carry without those problems

Why would this be any different?

[DonP]

7. Hey! How about an update on the death toll from the new Georgia gun laws?

Last year all the gun control supporters were all agog over the new "Guns Everywhere" laws in Georgia.

It's a year later and I'm still waiting for the reports on the increased death tool we were promised.

I wonder if the gun control fans ever get tired of being wrong about these changes when "blood never runs in the streets" from law abiding gun owners?

[Duckhunter935]

12. they did not tell you

The entire population of Georgia has been wiped out in a bloody massacre, no one left.

[DonP]

13. We go through the same crap every time a gun law is loosened

All the usual suspects wax eloquent in GD and/or Bansalot on how horrible things will be, how many people will be gunned down by police for carrying openly, or how they'll courageously call 911 if they see someone with a gun.

Then ... nothin'. Nothing happens no change in crime or violence and they wait for the next time and recycle the same old lines again and again.

[Duckhunter935]

14. yep, nt

[flamin lib]

10. My SIL is former Marine and a CC holder.

He looked at the idjits carrying ARs on tactical slings and says, "I hope their shoulders don't get tired, cause I'll shot the first one that unslings that thing to change arms."

Stand your ground meet open carry.

[friendly_iconoclast]

15. "I'll sh(o)ot the first one that unslings that thing to change arms." Then you'll have a dilemma

Will you support him for being your SIL, thus implicitly endorsing 'stand your ground'-
or not support him for, frankly, acting like an idiot and injuring or killing someone?

What will you do? For that matter, why haven't you told him already that wouldn't be
a good idea at all?

[Nuclear Unicorn]

17. For someone who incessantly ridicules people for allegedly acting tough with guns you seem

awfully comfortable with acting tough vicariously through your relative's gun.

With an emphasis on "awful."

[Hangingon]

11. I showed this post to a couple of local LEOs at breakfast this morning.

Got a good laugh. Turns out they can ask. They are not worried. There have been no oc shootouts here since the law went into effect.