Saw a Man (Illegally) OCing This Morning

This is a discussion on Saw a Man (Illegally) OCing This Morning within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK, before reading beyond here and probably getting angry, recognize that OC of a handgun in public is illegal in Texas...on to the story... This ...

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Thread: Saw a Man (Illegally) OCing This Morning

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    Ex Member Array MJB_17's Avatar
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    Saw a Man (Illegally) OCing This Morning

    OK, before reading beyond here and probably getting angry, recognize that OC of a handgun in public is illegal in Texas...on to the story...

    This morning I stopped by Academy for ammo (how unusual) at about 9 or so (they open at 8 and if you're there after 10 you're SOL on 9mm), walked back to the hunting section to see if hey had any Glock mags in stock and saw a man perusing the rifle ammo with a mid size revolver clearly displayed at his 4:00 position in a pancake style OWB holster in plain view, no attempt to cover it. The man was probably 35-40, dressed in jeans and a tucked in shirt, no jacket (it is very warm and humid here right now). At first I didn't think anything of it, I figured he was a LEO but then I realized that he definitely did not have a badge displayed. Also, he didn't look like a LEO, not in the way that narcotics detectives often don't, more like in a "I can do what I want" sort of way.

    I didn't say anything, personally I am not a fan of OC and wouldn't do it since I think it is a bad idea around here, but I'm not about to go calling 911 either. The employees at the store DID notice and as I was leaving I noticed one of the managers on the phone talking in a way that makes me believe he called 911 (OC man was still in the store). I left at that time so I don't know if anything else happened.

    I do not believe this was a case of accidental exposure, I can believe that in cooler months but not now given the current weather. I feel like this guy was trying to prove a point or something to that effect...what point he would make (other than possibly getting arrested for UCW) I don't know. I really hope there is a better explanation, I really found the whole situation mind bogglingly stupid given the current political climate, things like this are not going to help our side at all. If someone wants to LEGALLY OC, go for it, but you can't here, doing it just because you want to makes you no better than some crack dealer on the corner with a Glock in his waistband.
    Sharp07GT likes this.

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    Senior Member Array USM1976's Avatar
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    Some law enforcement agenices in Texas allow their officers/deputies to carry their handguns openly including off-duty. Yes, there should be a badge adjacent the handgun just to relieve any concerns by the general public.

    Many years ago while working an off-duty security job at a mall in Houston, I received a call in regards to a man wearing a openly displayed handgun. This was after the CHL laws were passed. With a good description, I located the man, who indeed did have a holstered handgun. As I appraoched, I saw the star of a sheriff's department adjacent his handgun. He knew why I was approaching and produced his identification card. He was alright with being asked for identification. He was a sheriff's deputy from Anderson County (Palestine). It was allowed in Anderson County, but uncommon in Harris County. Houston Police carry concealed off-duty and while in plain cothes investigations have a jacket or some garment over the handgun. Harris County SO carry theirs in the open. He was attending in-service training at the HPD academy for the week.

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    ? OC is illegal, but is it really illegal on private property if the store is good with it? Are you certain it wasn't an employee?

    I've seen someone openly OC in plain clothes inside a mall. On inquiry at Customer Service
    I learned it was an employee with permission.
    Last edited by Hopyard; May 17th, 2013 at 10:48 PM. Reason: word order error, "it is" to "is it"
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    Ex Member Array MJB_17's Avatar
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    Quote Originally Posted by Hopyard View Post
    ? OC is illegal, but it is really illegal on private property if the store is good with it? Are you certain it wasn't an employee?

    I've seen someone openly OC in plain clothes inside a mall. On inquiry at Customer Service
    I learned it was an employee with permission.
    Theoretically, it could be legal in the store if they allowed it (which Academy wouldn't I guarantee, it is run by lawyers and businessmen not gun people), but would immediately become illegal the instant he stepped off the property. I am quite certain it wasn't an employee, they are easy to identify given their polo shirts in blue, red, or black. Also, there is zero % chance a chain like Academy would allow special treatment for an employee to OC.
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    VIP Member Array Badey's Avatar
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    OC is legal in TX if you are going to or coming from the range, is it not? Does coming to and from a gun store/gunsmith apply as well?
    "All you need for happiness is a good gun, a good horse, and a good wife." - Daniel Boone

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    VIP Member Array Taurahe's Avatar
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    what exactly is an LEO supposed to look like? I am 5'10, 250 lbs with a belly and a receding hairline, but I am certified. I spent the last three days working with DEA, State police, local agencies and the national guard on drug interdiction training.... the State police had a guy that was 6'2 and wore at least size 48 pants. another guy was 5'5 at best, had an 8 inch beard and liberty spikes.... my point is that there is no defined look for an LEO. If he was, not having his badge prominently displayed was in poor taste.... but to assume he wasnt because he didnt look the part is not feasible IMO.
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    Member Array TexasBill's Avatar
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    Quote Originally Posted by Badey View Post
    OC is legal in TX if you are going to or coming from the range, is it not? Does coming to and from a gun store/gunsmith apply as well?
    To my knowledge - open carry is NOT allowed for handguns in Texas period.
    You can have it in your car and your house without a permit. BUT - you simply cannot display period. OC is displaying and that is not allowed. If you are at the range you are expected to put your gun away in a bag or something to carry it to your car. There is NO WAY that you can do what the OP said was happening legally.

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    Member Array BigPony's Avatar
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    OC is legal here and I have never seen anyone oc lol.

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    Ex Member Array rosj2002's Avatar
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    Saw a Man (Illegally) OCing This Morning
    should have dialed 911 IMO. Running this by the forum here is way too late apparently. Maybe you should have warned him that he was not abiding by the law before you shot him?
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    Firing a suppressed is on my Bucket List.

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    Senior Member Array velo99's Avatar
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    OC is legal at the range and hunting. OC is legal going to and from your vehicle if you are going to the range.
    Hunting with a pistol is only legal if you have a CHL. I have read the statutes a time or two and still cant decide if OC on your property is legal. I wouldnt want to push it in the front yard, I have practiced drills in the backyard a time or two.
    "Political correctness is a doctrine, fostered by a delusional, illogical minority, and rabidly promoted by an unscrupulous mainstream media, which holds dearly the proposition that it is entirely possible to pick up a turd by the clean end."

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    LEO
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    Member Array KingWalleye's Avatar
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    So if you are a rancher or in a similar type of place you can't open carry?

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    Member Array john.shewchuk's Avatar
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    Quote Originally Posted by velo99 View Post
    OC is legal at the range and hunting. OC is legal going to and from your vehicle if you are going to the range.
    Hunting with a pistol is only legal if you have a CHL. I have read the statutes a time or two and still cant decide if OC on your property is legal. I wouldnt want to push it in the front yard, I have practiced drills in the backyard a time or two.
    On private property you can carry however you want, if allowed by the owner. So if its your property, you can carry openly.

    But, you are wrong about going to and from the range. If not on private property that specifically allows it, you may not openly display a pistol in Texas.
    USM1976 and MJB_17 like this.

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    I find it completely maddening that OC isn't legal nationwide. Not sure which part of the 2A isn't clear that OC is indeed "bearing arms" and making OC illegal is infringing upon that. Regardless of your position on OC, I still am not sure how laws against it aren't unconstitutional.

    Anyhow, yeah.. it's funny to think something I do every other day when I go out is considered illegal in another state.

    Not saying that the person in the OP's story should be defying laws, it's just silly that he could be considered doing something illegal solely because of OC.

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