Texas1999
New member
How will LEO know whether a person OC'ing is in fact licensed?
The act of OC'ing, absent any other circumstances, would not give LEOs reasonable suspicion to detain you and investigate whether you have a CHL. This has been an issue in other states, where someone OC'ing is illegally detained and asked to ID himself to make sure he has a license, and/or is not a felon prohibited from possessing a firearm. Such detentions are illegal and unconstitutional, but it doesn't seem to stop LEOs from doing it and harassing law-abiding citizens.
Imagine if you were driving down the road, breaking no laws, and a cop arbitrarily stopped you "just to check and see if you have a valid driver's license." That's an unconstitutional stop.
I foresee this being an issue if "licensed" OC passes.
Thoughts?
The act of OC'ing, absent any other circumstances, would not give LEOs reasonable suspicion to detain you and investigate whether you have a CHL. This has been an issue in other states, where someone OC'ing is illegally detained and asked to ID himself to make sure he has a license, and/or is not a felon prohibited from possessing a firearm. Such detentions are illegal and unconstitutional, but it doesn't seem to stop LEOs from doing it and harassing law-abiding citizens.
Imagine if you were driving down the road, breaking no laws, and a cop arbitrarily stopped you "just to check and see if you have a valid driver's license." That's an unconstitutional stop.
I foresee this being an issue if "licensed" OC passes.
Thoughts?
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