Can The Police Stop a Texas Open Carrier to Check for a License?

By Robert Farago

A raging debate nearly derailed the new Open Carry law in Texas (which will take effect on January 1). It centered around the so-called “Dutton Amendment” or “Dutton/Huffines Amendment.” Briefly stated, the amendment forbid police officers from stopping and detaining an open-carrier to check them for possessing a handgun license – if their suspicion that a crime is being committed is solely based on the evidence that they were carrying a gun. This amendment was excoriated by Austin Police Chief Acevedo when it was first adopted . . .

Representative Dutton introduced the amendment as a measure to prevent police from using the new Open Carry law being used to racially profile and harass minorities. It was passed by the House by an overwhelming margin (133-10), but stripped out of the bill by the Senate. Senator Huffines re-added the amendment to the bill as a necessary protection against hassle and police abuse of power.The bill’s author (Senator Estes) and committee chair (Senator Huffman) both argued against adoption of the amendment, stating it was “unnecessary.”

The amendment created some strange bedfellows: a coalition of left-wing Democrats and tea-party Republicans, both concerned about potential 4th …read more

Source:: Truth About Guns