Seguin PD publishes its OC advice

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ELB
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Seguin PD publishes its OC advice

Post by ELB »

I had seen little to no mention of open carry in the local Seguin media, nor on the Seguin PD Facebook page -- until today.

The Seguin PD put a link to a pamphlet about OC, and it appears it close mirrors or copies what the Houston PD put out, like maybe the changed the organizational logo on the front and a localized some of the wording inside. Of interest to me was:

http://www.seguintexas.gov/images/uploa ... mation.pdf
What specific situations can a Seguin police officer demand the presentation of an individual’s handgun license?
Texas Government Code Sec. 411.172 provides for the open carry of handguns by license holders except in specific places and under specific conditions. Sec. 411.205 provides for the inspection of handgun licenses by peace officers. It is the policy of the Seguin Police Department that officers may demand the presentation of an individual’s handgun license under the following circumstances:

1. Individuals exhibiting open carry and demonstrating conduct which could cause a reasonable person to fear for their own safety or that of others;

2. Individuals exhibiting open carry of a handgun and demonstrating conduct observed by an officer which leads the officer to believe the person is a danger to themselves or others; and,

3. Individuals exhibiting open carry of a handgun brought to an officer’s attention by the public due to conduct on their part which causes fear or concern on the part of the reporting person.

If a person is open carrying a handgun, how does a police officer determine if he is carrying the handgun legally?
Answer: Constitutional carry did not pass in Texas, so a police officer does have the right to ask you to prove that you have a CHL (Concealed Handgun License). If you are asked by a police officer to prove that you are allowed to carry a handgun, you must produce identification. The State legislature did not give great direction in this area; however; in Seguin, our officers will look at the totality of the situation and based on their determination, may instruct someone open carrying a firearm to produce their license.

What advice would you give to someone who is feeling anxious or intimidated in an open carry environment?
Answer: Open carry is going to be something that everyone will have to get used to. Initially it may be unsettling to see someone carrying a handgun in the grocery store, but it is important to know that the people who are open carrying a gun are law abiding citizens and are not there to intimidate or hurt you.

Some organizations that are in opposition to open carry, have said that if they see someone openly carrying a handgun, they will call 911 and say that person is being aggressive and threatening people with the weapon. How will the police handle situations like this.
Answer: Seguin police officers will act with caution when approaching the person, they will collect the facts, and when it is found that this person was doing nothing wrong, the investigation will be turned towards the person who made the false 911 call.
I also found out reading the document that the Seguin PD forbids their off-duty officers from open carrying...unless they have a LTC. Then they can open carry under the authority of the LTC, but not under the authority or orders of the PD.
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Liberty
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Re: Seguin PD publishes its OC advice

Post by Liberty »

If a person is open carrying a handgun, how does a police officer determine if he is carrying the handgun legally?
Answer: Constitutional carry did not pass in Texas, so a police officer does have the right to ask you to prove that you have a CHL (Concealed Handgun License). If you are asked by a police officer to prove that you are allowed to carry a handgun, you must produce identification. The State legislature did not give great direction in this area; however; in Seguin, our officers will look at the totality of the situation and based on their determination, may instruct someone open carrying a firearm to produce their license.
Any situation in which the LEO has the option of asking for an ID, an LTC holder who is armed is obligated to to present both his ID and the LTC. An officer would not need to specifically ask for the LTC.
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