Police get more freedom with a new ruling.
Open Carry
Since 2021, Open Carry has been the established law in Texas, with individuals no longer required to obtain a license for carrying firearms. Surprisingly, there has been minimal change in the way most Texans carry themselves, with guns becoming somewhat inconspicuous or unremarkable to the general public.
The Ruling
In simple terms, when a person raises a complaint about someone openly carrying a gun, a judge’s ruling implies that the police have the authority to apprehend the individual. Although it is probable that no charges will be filed and the person will be released, the police are granted “qualified immunity” which allows them to make the arrest without facing any consequences. In fact, in some cases, the situation can escalate further, where the police may even hold the person at gunpoint until they are disarmed and taken into custody.
Are The Happy Days Gone?
The changes in Texas could definitely impact the overall scenario. A single individual who is overly anxious may easily contact the police on someone who is law-abiding, leading to a potentially hazardous situation or even a stint in jail until the matter is resolved. It is likely that law enforcement would attempt to defuse the situation, so if they inform you that they have received a report and advise you to leave, it is advisable to comply since they now possess the authority to apprehend you.
Who Might Be Targeted
While it is unlikely, there is a possibility that individuals who openly carry firearms may encounter difficulties with this new law. However, it is more probable that those who choose to carry excessively powerful firearms into public places, such as donut shops, with the intention of making a statement will now face increased scrutiny and potential detainment. It is advisable to maintain a low level of intimidation to avoid unnecessary attention. Nevertheless, it is important to note that the police now have the legal authority to arrest individuals for open carry, even if they have not committed any wrongdoing.