The Campaign For DA

4.22.2015

And Speaking Of Open Carry




I wrote this morning about the legal question of whether police would have a "reasonable suspicion" to stop and detain someone if they saw an exposed handgun if the proposed Open Carry If You Have A Concealed Handgun bill passed. Cops can only detain someone if they have a reasonable suspicion that a crime might be occurring. The County Attorney and I actually talked about just last week.

But I had complete missed the above news that trickled out over the last 24 hours that there was an amendment to the bill on Friday which passed the House:


That answers my question. The courts would never have to decide if the cops could lawfully detain someone for seeing an open guy because the legislature has settled it. (If the bill becomes law.)

But here's the unintended kicker: If cops can't stop you to check your license, then doesn't it become practcially open carry for everyone? Sure it would still be a crime to open carry without a license but cops will need a different reason to detain to ever discover that. So it's not legally open carry for everyone but more of a "there's a really good chance you can open carry without a license and not get caught" situation.

I suppose it is like driving on a suspended license. Yeah, it's illegal, but you are going to have to be stopped for a different traffic violation for the cops to ever discover that.

7 comments:

Anonymous said...

We are a bunch of idiots in this state. All of us. But especially our sitting state congress. UNBELIEVABLE!! All because some punk wants to play cops and robbers on the streets with his guns. And no one thought they should check the amendment before it passed through again?

Anonymous said...

5:02, you don't want rights?


And.....do we NOT have a ruling on the Henson non renewal??

I thought you were the hardest working man in the business?

Anonymous said...

This is Rep. Stickland's handiwork, even though his name is not on the bill as a prime sponsor. We don't deserve to live when we elect stupid reps who sponsor dumb laws such as this. He who sows the wind will reap the storm.

DF Hosea 8:7

Anonymous said...

Reminder - It's not signed yet, so the provision could get struck.

But so as not to stir the tempest in a teacup, let's presume that it passes unmolested. Essentially, it's not a terribly radical departure from where we are now. Bad guys carry concealed - unlicensed. Some good guys carry concealed - licensed. Is a bad guy going to carry openly? Maybe - but he probably wants the element of surprise. So if someone is carrying openly, they're more likely OK or maybe just misguided, but at least those around will be aware that they're carrying.

Assuming the measure passes, it may come to pass in a future session that the Legislature considers 'brandishing' or 'threatening' behavior associated with OC. But without some empirical evidence, it might be difficult to accurately predict what will be required.

Anonymous said...

You vote for teabaggers. Teabaggers you get.

Anonymous said...

This will really let the squirrels out of their cages !! If a policeman runs your license for any reason he will see whether you are carrying legally .

Anonymous said...

5:02, the robbers are already walking around with the ability to shoot anyone they choose.