quote:
I'm not reading this entire thread (not yet, at least), but for those saying "the police officer has to check out whether someone openly carrying a rifle -- legal in Texas -- is a felon." Do police officers have the right to pull over every car they encounter to check to see whether the driver is licensed? Absolutely not. See Brown v. Texas for a clue. My argument is separate from drivers license checkpoints, which are random and less far-reaching.

I don't think people are advocating that cops stop every person open carrying a firearm. I would suggest cops use common sense. In this case, you see a man walking in downtown Houston with an AR-15. There are two likely scenarios here, 1. He's a wacko and is about to shoot up some place, or 2. He is seeking attention from the cops so he can make his little video. Either way, I have no problem with the cops questioning him.

If cops start stopping people with pistols on their hips, or people walking with rifles in rural areas, then I can buy this argument.

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Posted by lsufan112001

sportsmans paradise

Member since Oct 2006

10759 posts

Posted on 2/28/15 at 9:22 pm to UpToPar

If someone is walking around in your subdivision with an AR, would u want a cop to stop and ask? Why certainly

The guy should have gotten a ticket for having no ID.

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Posted by texashorn

Member since May 2008

13122 posts

Posted on 2/28/15 at 9:34 pm to UpToPar

quote:
If cops start stopping people with pistols on their hips, or people walking with rifles in rural areas, then I can buy this argument.

Indeed, they have.

Video link

LINK

quote:
The guy should have gotten a ticket for having no ID.

There is no Texas law stating that people must carry identification when in public, other than driving or in a state park (I think that's right about the park).

In fact, you are not required to verbally identify yourself in Texas to a police officer "just for the hell of it."

quote:
Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person; or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

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