Department of Public Safety Cpl. Craig Henry and Trooper Jason Gentry came to the Rotary Club to discuss the new open carry law.  As an introduction, they explained that it is so new that the public may be as well informed as they are.  DPS is relying heavily on training to provide direction for the troopers on the road.  Any new law is dependent on interpretation by the courts and, in spite of controversy, this one is no exception.  Interpretation will take time.
 
DPS is not going to approach people and ask for a license.  There must be “reasonable suspicion”.  For instance, it is not legal for a person to ”incite alarm in the public”.  That would constitute a disorderly conduct citation.  An example would be waving a handgun around or carrying it in your hand without cause.
 
Rather than giving a presentation Cpl. Henry asked for questions and this approach probably drew all of the concerns the public might have.  The DPS does not intend to make criminals out of good people who do not understand the law yet. If you do carry a pistol openly it is good to use discretion and common sense.  If you are facing an officer it is always good to disclose that you have a license but you do not have to.
 
During a traffic stop the trooper cannot tell by your auto license whether you have a license.  He will find out from your driver’s license, however.  Since the officer has a large concern that he “will make it home for dinner tonight” it is reasonable that the public understand that he has approached an unknown situation and will appreciate good judgment by the driver and passengers.
 
You may have a pistol in your car without having to have a license but you do not want it to pose a threat to an officer.  You can use discretion and common sense and you do not have to make unreasonable motions or statements.
When asked their opinions of the new law the troopers said that DPS is in a hurry up and wait mode since the law has not been tested.  They will have more training but it does not change how they operate.  They will continue to defend the constitutional rights of the public.
 
Forty four states and the District of Columbia have open carry laws and the world has not ended so we have to hope that it won’t end here either.  When asked whether open carry reduced crime in those other states Cpl. Henry did not know but thought just living in Texas is a detterent to crime. Thanks to people like Cpl. Henry and Trooper Gentry this is probably true.
 
The sky isn’t falling and our constitutional rights have not been trampled.  Some will push the boundaries and the courts will provide the final guidance.  Until then be sensible and responsible.
 
For more information about the Rotary Club of Waxahachie where we believe in Service Above Self and doing things as a club we cannot do alone, visit the club web site at www.waxahachierotary.org .  You can find American flag subscription applications on the web site. 
 
 
 
 
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