-=> Quoting Paul Nixon to Steve Gunhouse on 06-15-96  07:06 <=-
 Re: Dusters?
 SG> Say you're on your way to the range, in which
 SG> case you're allowed to have a handgun with you, or you're
 SG> "travelling", and you get pulled over for a busted tail light or
 SG> something similar. If you have a handgun on the seat next to you or in
 SG> a visible holster when he walks up to your car, what's he going to do?
 PN> Well, here's where the difference between our respective
 PN> jurisdictions are obvious.  I've never had any comment from any kind
 PN> of law enforcement person while I've been carrying openly.  Well, some
 PN> comments, but they've been of the nature of "Get a real gun" from a
 PN> local chief and ipsc shooter who carries a plaxtic wondernine.
 PN> Usually there is a glance, and when it's determined that I'm not
 PN> waving it around or pointing it at the officer it is then ignored .
In Texas, it is generally illegal to have a handgun, except on your own
property, at a range, gunshow, or dealer, or while "travelling". These
exceptions (other than the property one) are viewed legally as a defense
to prosecution - which means the burden is upon you to prove they apply
if there is any doubt. If you have a gun on the seat next to you or
otherwise in plain sight and the cop doesn't believe you about why it's
there, he doesn't have to figure it out.
I know, you guys in AZ have open carry. They couldn't arrest you for mere
possession. Unfortunately, they can here - if it's a handgun.
 SG> Or you're driving home from a bar in town, and you may have had just a
 SG> little more than you should have. Maybe you hadn't eaten supper, and
 SG> it went straight to your head. If you're in a pickup truck with a
 SG> shotgun in the rack, a policeman is going to be a bit more careful with
 SG> you than he would otherwise.
 PN> I haven't driven back from a bar while under the influence in a lot
 PN> of years, since I quit drinking alcohol.  But I've never had any kind
 PN> of law enfocement contact that the gun was any more of an issue than
 PN> "Would you step back to my vehicle please" to get my speeding
 PN> ticket(S).
Again, it's a case of there's nothing wrong. And it's probably even a
common sight out there. If I get pulled over for speeding or whatever,
and he sees my rifle or shotgun, he has no reason to presume that I might
do something irrational. My rifle is totally legal here and fairly
common, and he can't consider it a basis for anything without other
evidence.
Now, if I was drunk (which I don't do either, but as an example) or
otherwise suggested I might do something irrational ...
 PN> I have heard that it is not uncommon for the weapon to be run to see
 PN> if it's stolen.  But such has not happened to me.  I've also heard
 PN> that folks have been harassed, possibly in part to having a weapon,
 PN> but again can't state that I've witnessed such or been party to it.
From what I've heard, they won't normally run longarms. They know that it
is more often handguns which are in demand by crooks. Besides, usually it
takes too long, unless they have some other reason for keeping the gun
for a while. I've never seen or heard anyone who's actually been through
it, but that's what my friends who are cops tell me.
 PN> I _am_ convinced that it is to some degree attitude.  I was told by
 PN> granny that one may catch more flies with honey than vinegar, which I
 PN> took to mean don't give the cop a hard time.  It must be -- and
 PN> granny prolly knew what she was talking about because grandad was the
 PN> chief -- because I know that I'd have accumulated lots more points,
 PN> and lots more fines, and deservedly so, except that I've always found
 PN> that by treating the guy writing your tickets as a professional and
 PN> with courtesy they've always been less than...enthusiastic? about
 PN> writing me a ticket for everything I've deserved.
My only time (I'm the guy who obeys speed limits, if you recall), the
cops have been of the "doing my job" type - those who'll write you up if
they pull you over, to justify the inconvenience. There seem to be fewer
and fewer cops who will pull you over and only caution you about
something.
 SG> And of course, "in plain sight" is also asking for trouble from the
 SG> bad guys if they think they can get the drop on you.
 PN> Now this I'll state categorically to be untrue.  Firstly there is no
 PN> evidence to back up the statement.  Second, most criminals are
 PN> cowards and lazy.  Show a means of defense, show the ability to defend
 PN> oneself, and _most_ criminals slink off.  Sure, there are the
 PN> criminally insane, but they are in the minority.
I have to disagree. There was a case - in Florida I think - where someone
decided to reach in through an open car window and try to grab a gun that
was on the seat. As I recall, it didn't work out.
The important part there was "if they think they can get the drop on
you." Normally, they can't, and they know it. But if you parked at the
mall with a gun in the gun rack, it might not be there when you get back.
If you're out of sight, it's not too hard. That's why most of my friends
don't use gun racks. It's not socially acceptable to bring your shotgun
into the mall (to put it mildly), and "in plain sight" while you're not
around is asking for trouble.
 PN> And besides, being openly armed keeps folks from invading your
 PN> personal space, as in supermarket checkout and atm lines .
Might be nice, but it's still illegal here. Honestly I've never had
problems with either of the above, though.
Steve
... All guns are interesting, but accurate ones are more interesting.
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