Texas House of Reps - Constitutional Carry

[BentBow]

Originally Posted by austinnerd

So you want to add a minimum of a Class A misdemeanor or possibly even a felony on to whatever other issue you may be having? To each their own.

Sure, bring it....
I have had to send a judge and affidavit before, to tell the court they had no jurisdiction, with a motion to no bill...

[BentBow]

Originally Posted by Ralph_Kirk

That's rather gray in the law. It doesn't require that there actually be a crime in progress, only that in the officer's judgment the situation may be prejudicial against public safety. But he'll have to return the gun immediately if it turns out there is no crime in progress.

He better have RAS for PC.... or he lost his qualified immunity.
Texas is not a stop & ID state.
No one in Texas has to Id unless they have been accused of a crime, or caught in the act of committed a crime.
It is not a crime to open carry in Texas.
TX code, 38.02, parts A & B....

[Ralph_Kirk]

Originally Posted by BentBow

He better have RAS for PC.... or he lost his qualified immunity.
Texas is not a stop & ID state.
No one in Texas has to Id unless they have been accused of a crime, or caught in the act of committed a crime.
It is not a crime to open carry in Texas.
TX code, 38.02, parts A & B....

It's not a crime to open carry...normally. But there are exceptions in which an officer may detain someone to "clarify the situation."

For instance, it is still an offense to be armed while intoxicated.

(d) A person commits an offense if the
person carries a handgun
while the person is intoxicated [under the authority of Subchapter
H, Chapter 411, Government Code], regardless of whether the handgun
is concealed or carried in a [shoulder or belt] holster.

If an officer sees a person who appears by his actions to be intoxicated {"Sir, you appeared unsteady as you stepped off the curb"), the same way an officer can pull over a driver who appears by his driving to be intoxicated. In either case, the officer can detain the person, demand identification, and disarm the person long enough to make a determination.