imported post
Good morning everyone,
My name is David and this is my first post on this website. I live in Schertz, TX, a smallish town on the outskirts of San Antonio.
I have read numerous posts over the last several weeks on OpenCarry.org and I would like to respond to several of them but just really didn't have the time until now. But before I do respond I guess I should give a little background about myself.
I am a currently serving Texas peace officer.But not in the capacity of most of my fellow LEOs. I am actually a full time mortgage loan officer for USAA and work part-time as a deputy constable. I used to be a full time officer several years ago but have decided that there is more money in corporate America than the public service. I do love being a peace officer, it is just that things are not the same now in my life since I now have four kids and wife.
For me, and many of my fellow LEOs may disagree for a WIDE variety of reasons, I am absolutely for open carry of arms. I am a strict constructionist by nature. For those of you that don't know what that is, look it up! In that capacity I believe the US Constitution provides for certain things. One of those things found within the Bill of Rights is the right to bear arms. Now, in the wording, it does NOT say anywhere in there whether this right to bear arms is reserved for open or concealed carry. And since the Constitution provides that "all rights not specifically enumerated are reserved to the several states", ths simply means that how arms are lawfully carried are decisions reserved to the state governments, NOT the federal government. This is the reason there will never be a nationwide concealed carry law because the US Constitution does not provide for this type of federal action.
Now, as far as for when I deal with people that have arms in their possession that I stop, they are treated the same as anyone else. I make sure it is a lawful firearm, that the person who posseses the arm is not a felon or a some other type of restricted category. Otherwise, they are sent on their way. I HAVE NEVER, EVER, EVEN ONCE, arrested someone for simply having a gun they wanted to carry. After more than 15 years of police work, both at the local and federal level, I can honestly say that open carry is just not that big a deal. WHERE one decides to open carry can be a big deal if they decide to do so in violation of a law. I would only enforce this if it were a serious transgression, otherwise I probably would let it ride.
Now, on this thread several of you have touched on the topic of "off duty" status of an officer. Under Texas law, a peace officer "can" make an arrest anywhere, anytime, and for any violation of the law. Now, does this mean the person is always "on duty".....NO. Peace officers are off duty just like the guy or gal that works at Wal-Mart. When their shift ends they go home just like the person that finishes their shift at the check out line at Wal-Mart. But unlike many other professions, peace officers do have some legislatively mandated resonsibilities, whether on or off duty. Now, as for when an "off duty" officer decides to take it upon himself or herself to enforce some law that he or she perceives has been violated in their presence....the law allows for this, but I advise only doing this under very limited circumstances. For me I would only do this for a violation of a felony...an only a significant felony at that! For the above reason I tell rookie police officer that once your shift ends, go home and do whatever it is you do and forget about police work until your next shift starts. It will keep you from loosing your hair and your sanity.
Just my two cents worth for this board.
David
