Home » Criminal Justice » In TX, Openly Carrying Handgun Subjects You to Police Seizure
In TX, Openly Carrying Handgun Subjects You to Police Seizure
- Feb, 04, 2016
- Attorney Tristan LeGrande
- Criminal Justice
- No Comments.
There has been some debate about the implications on openly carrying a firearm and police interactions. Can a police officer stop a citizen seen openly carrying a firearm (on property not owned by him or under his control) simply to check to see if the citizen has a License to Carry?
While I respect the arguments by some of my colleagues that a person can not be detained and questioned simply because they are seen openly carrying a firearm, they are incorrect. As I will explain further below, the statutes relating to the carry of firearms specifically permit officers to do so. As I have said before, by choosing to openly carry a firearm, you are giving the police an excuse to stop you and question you.
Under Section 411.205 of the Texas Government Code you must produce your license to carry on demand. This is in essence a waiver of a citizens ordinary right not to be stopped, ID’d and questioned without reasonable suspicion they are engaged in (or have been engaged in) criminal activity. If you fail to produce the license would then be reasonable suspicion to detain.
One interesting aspect of this situation is: what is the penalty for failure to produce your license on demand? Technically there is no specific penalty for not doing so, but an argument could be made that you are violating the Texas Penal Code by Interfering with Official duties of the law enforcement officer. The Department of Public Safety could come up with a penalty in this situation, I would be on the look-out for this to happen over the next few years.
It is also important to note that if a law enforcement officer sees a person carrying a handgun (while not on the persons own property, motor vehicle or watercraft), he then has reasonable suspicion to believe the person is violating Texas law by Unlawfully Carrying a Weapon under Texas Penal Code 46.02. Yes, it is true that an exception is carved out for those Licensed to Carry a firearm under 46.15(b)(6), an officer can investigate to see if the person qualifies for this exception.
CHARGED WITH A WEAPON CRIME?
Contact Criminal Defense Lawyer Tristan LeGrande IMMEDIATELY by calling 281-684-3500.
http://www.houstondrugattorney.net
Houston Criminal defense attorney Tristan LeGrande
Attorney Tristan Legrande
Houston, TX 77002 USA
Tel : 281-684-3500
Fax : 713-575-9694
The Latest From LeGrande Law
- What is Texas Constitutional Carry Law?
- Reforms to TX Marijuana & THC Possession Laws DIED in 2021 – POSSESSION OF THC REMAINS A FELONY IN TEXAS
- Is it Marijuana or Hemp? Houston Lab Can Now Tell the Difference
- THC VAPING: FACTS & FICTION
- Charged w/ Possession of Marijuana or THC? DO NOT PLEAD GUILTY!
- TX Hemp & Marijuana Law – New Laws for 2019
- MEXICO LEGALIZES RECREATIONAL COCAINE USE
- I will not answer any questions and I will not make any statement.
- Fort Bend County begins Cannabis Oil Diversion Program!
- I Ran From the Police and They Caught Me! What am I Looking At?
@LeGrandeLaw
Add Us
Important Notice
Facing a criminal charge in Harris County, TX can have detrimental affects on the lifestyle, and well being of the accused.
Don't go it alone.
Talking with Tristan LeGrande about your case, or another highly qualified criminal defense attorney in Houston, is the best step you can take if you are facing criminal charges in Houston.
Good Luck.