Open Carry In Restaurant

Drifter · Post by **Drifter** » Tue Jun 12, 2007 9:09 pm

My bride and I stopped at a family restaurant this evening after a short day trip/outing. After we were seated, I glanced to my right and saw a nicely dressed couple at a nearby table. The gentleman, whose back was to me, was in a civilian shirt and tie and, to my surprise had a semi-automatic plainly visible on his right hip.

I went to the restroom to wash my hands and, upon my return, from his front, I saw a gold Texas circle & star badge on his belt, just in front of his holster. It said "Attorney General ......" but I couldn't make out the bottom word without stopping and staring.

Being new to Texas, how common is it to see a LEO open carry in civilian clothes? I don't think I've ever seen that, anywhere.

Is it common for Attorney General personnel to carry? Until I saw his badge, I thought perhaps he was a CHL holder who forgot to put his jacket on and debated whether or not I should say anything to him.

What are the "rules" or law on open carry for LEO's not in a uniform in Texas?

bburgi · Post by **bburgi** » Tue Jun 12, 2007 9:51 pm

There is a sherrif's deputy in my area who always carrys open in plain clothes. I've seen many others do it too.

I'm not sure if it's a law or not, but the ones i've seen always have a badge visible while carrying this way.

frankie_the_yankee · Post by **frankie_the_yankee** » Tue Jun 12, 2007 10:11 pm

It seems to be common practice around here (Austin area). As far as I can recall, there always seems to be a badge showing somewhere. Sometimes it's just embroidered on a tee shirt.

Post by **carlson1** » Tue Jun 12, 2007 10:26 pm

It is common. Some departments will not allow it. The Attorney General and District Attorney's all have investigators which are LEO's. I am not for sure about now, but I know in the 80's we carried without badges showing while in plain clothes.

txinvestigator · Post by **txinvestigator** » Tue Jun 12, 2007 10:46 pm

Texas LEO's have no legal requirement to display a badge while carrying a firearm openly.

WELCOME TO TEXAS!!

Post by **carlson1** » Tue Jun 12, 2007 11:12 pm

txinvestigator wrote:Texas LEO's have no legal requirement to display a badge while carrying a firearm openly.

WELCOME TO TEXAS!!

I did not know the law was the same, so I was afraid to answer. I know now that DPS can actually work part time jobs in uniform that used not to be so. I like TEXAS too

govnor · Post by **govnor** » Tue Jun 12, 2007 11:49 pm

I've never seen anyone open carry around Dallas other than uniformed LEOs. Personally I encourage it, but it might be a city ordinance or something. I have met several DPD officers that conceal and carry. That was even before the CHL was available. I say show it off and tell the gang bangers to go somewhere else. In fact...carry around the MP5 while you're at it!

txinvestigator · Post by **txinvestigator** » Wed Jun 13, 2007 6:44 am

govnor wrote:I've never seen anyone open carry around Dallas other than uniformed LEOs. Personally I encourage it, but it might be a city ordinance or something. I have met several DPD officers that conceal and carry. That was even before the CHL was available. I say show it off and tell the gang bangers to go somewhere else. In fact...carry around the MP5 while you're at it!

Plenty of LEOs in and around Dallas open carry out of uniform. No city laws against it. There is a certain Luby's that several different agencies frequent. Plenty of visible handguns then.

HankB · Post by **HankB** » Wed Jun 13, 2007 7:21 am

I've only seen men in civvies (jeans, T-shirt) "open carrying" a sidearm around Austin a couple of times, but in all but one instance there was a badge clipped to the belt next to the holster; the exception was a guy in shirt & tie who was checking his mail - I didn't see a badge, just some sort of large pistol in a strong-side OWB holster.

Humanphibian · Post by **Humanphibian** » Wed Jun 13, 2007 8:01 am

I see open carry all of the time in Ft. Worth....some with a badge showing....some not. Doesn't bother me either way, I assume EVERYONE is armed anyway

NguyenVanDon · Post by **NguyenVanDon** » Wed Jun 13, 2007 1:12 pm

So, if you are an LEO from a different state, are you allowed to open carry in Texas still?

stevie_d_64 · Post by **stevie_d_64** » Wed Jun 13, 2007 1:34 pm

Everything you wanted to know about open carry, but were afraid to ask!

Badge or no badge, I just guess its something you don't wanna ask I suppose...

So if someone asks you if you are a cop...And you say, "No?"

Then what???

KRM45 · Post by **KRM45** » Wed Jun 13, 2007 6:46 pm

stevie_d_64 wrote:
So if someone asks you if you are a cop...And you say, "No?"

Then what???

That depends on who asks

srothstein · Post by **srothstein** » Thu Jun 14, 2007 10:30 pm

NguyenVanDon wrote:So, if you are an LEO from a different state, are you allowed to open carry in Texas still?

This is sort of a debatable question. The law says a peace officer from a recognized state has all of the carry rights of a Texas peace officer (open and signs do not apply).

BUT since the feds passed LEOSA, which mandates peace officer carry in every state, there are no agreements or recognized states. LEOSA only applies to concealed carry though. My opinion would be that not very many local officers will say something to an out of state officer for open carrying though. Interestingly enough, I did have an SAPD officer say something to me about printing once though. Their rules require concealed off duty and he kind of figured it was a universal thing. My department did not and allowed open carry.

My whole agency generally open carries now, but they should have a jacket on when on duty (our uniform is a suit and tie). But when they are here in training and we allow causal, they will almost all open carry in jeans and polo shirts.

p99guy · Post by **p99guy** » Thu Jun 14, 2007 11:59 pm

In Johnson County Constable's office, most all of us was plain clothes, open carry while on duty(badge displayed on a shirt pocket hanger)
We drove fully marked Crown Vics though. Not unusual at all in rurual areas in Texas....local folks dont give you a second look.
Here is a pic of me on a typical work day back then.(I've been gone a couple of years)