There is at least one federal judge’s opinion in Oregon–an Open Carry state–in which a LEO did stop someone for no other reason that his open carrying–a legal activity in his state.
U.S. District Judge Michael McShane issued an opinion in September that Dodge didn’t have the required reasonable suspicion to detain Hall.
For instance, you can drive without a license (an illegal act) and you cannot be pulled over (from a constitutional perspective) simply to verify you have a valid license. Driving a car is not probable cause nor reasonable suspicion. They must have another valid reason to stop you, otherwise we’re treading on the Texas constitution which protects us from unreasonable searches.
Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
This concern was voiced when Rep. Stickland raised a point of inquiry on the house rules which stated that a bill sent to a committee (for the purposes of resolving conflicts) was onlythere for the purposes of resolving the language discrepancies and it was not allowed to be altered in non-germane ways. If Speaker of the House, Joe Straus fails to enforce this rule, the committee might be able to change the bill and send it back to the floor for a final vote, which could risk its passage depending on the alterations. This is not speculation of intent but rather speculation of what could occur if the rule is not enforced. The speaker did not comment from the podium as to the nature of the rule or the enforcement thereof.
Now we wait to see what comes out of committee. We may still face a filibuster from those who oppose it. They will attempt to run the clock down and if Speaker Straus doesn’t stop it, they could successfully kill the bill that way.
Calling the governor and your reps at this point and making clear your support for the bill and the fact that we’re watching their actions is important. The governor was elected, at least partly, on the premise of his support for this legislation. A failure to pass this is partly his failure too.
Cross-posted from http://libertystatesman.com/2015/05/28/texas-licensed-open-carry-faces-more-last-minute-opposition/