Quoting from No. 14-4050 Northrup v. City of Toledo Police Dep’t, et al. *.... This being TX, you need a LTC to OC and cops don't KNOW you have one unless they see it...if they aren't pulling you over in your car and then when running your plates where your LTC DOES come up. But just there in the store seeing someone OCing, they don't know if he/she has a LTC or without asking to see it. They didn't ask.
If I recall, Texas does not make possession of a firearm prima facie evidence of a crime with a license being an exception to the crime. Without at least some reasonable, articulable suspicion of a crime you shouldn't be stopped merely to check if you have a license....Where it is lawful to possess a firearm, unlawful possession “is not the default status.” Black , 707 F.3d at 540; Ubiles , 224 F.3d at 217. There is no “automatic firearm exception” to the Terry rule. Florida v. J.L., 529 U.S. 266, 272 (2000)...
As you can see, an officer merely seeing someone carrying has RAS of a crime.TN Code § 39-17-1307 (2016)
(a) (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club.
Rounding this back to Texas, it all depends on which way the TX Code was written. I believe it's GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a handgun if the person:TN Code § 39-17-1308 (2016)
(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:
[list of defenses, among which is the possession of a license...]
The Texas Penal Code 46.02 says that carrying a hand gun (weapon) is an offense unless the person is on their own property or inside/en route to their vehicle. If we carry a license and a hand gun, the Code gives us an argument to be raised at trial. Not quite the same as an affirmative defense. Carrying a hand gun, in Texas, is an offense. Law enforcement understands that Penal Code 46.15(b)(6) says that this offense "does not apply to" a handgun license holder. Being stopped for carrying, especially in the 18 months since we could carry openly, has not been an issue.Quoting from No. 14-4050 Northrup v. City of Toledo Police Dep’t, et al. *
If I recall, Texas does not make possession of a firearm prima facie evidence of a crime with a license being an exception to the crime. Without at least some reasonable, articulable suspicion of a crime you shouldn't be stopped merely to check if you have a license.
* May not be the approved name for the case so the link goes to the decision.
How one dresses should not RAS of a crime. Damn Terry decision.Haven't seen a lot of cops while OC in Dallas, but have never had them ask. Kroger, John Eagle Honda, Walmart, Drip coffee - no one notices. Don't dress like a thug-democrat, so don't give them RAS to ask.