The secret was out about a week ago.

Another hot topic this session is open carry and Senator Perry already has an idea of what may come of that.

“I think you will see open carry on multiple levels. I think at the end of the day, Governor Abbott was very clear and Lt. Patrick has said the same thing. So, if an open carry bill meets the desk of the governor, it’s going to get signed. I would say if there is a bill that comes out of the house or senate chambers regarding second amendment it will be a license to carry” Senator Perry said.

As if on cue, the bill that has been filed follows what is likely a “behind closed doors” or “gentleman’s agreement.”

AUSTIN – State Sen. Craig Estes filed a bill on Friday that would authorize open carry of modern handguns in Texas by anyone with a license, so long as the handguns are carried in shoulder or belt holsters.

Texas is currently one of the few states that does not permit citizens to openly carry modern handguns under any circumstances. The other states that deny their citizens the right to carry handguns openly are: California, Florida, Illinois, New York, and South Carolina.

“Texas is one of only six states, including California, New York, and Illinois, that still completely ban open carry,” said Estes, R-Wichita Falls, who represents Palo Pinto County. “As Governor Abbott recently said, ‘If open carry is good enough for Massachusetts, it’s good enough for the state of Texas.’”

[ … ]

If passed, the new license to carry created by this bill would replace the existing concealed handgun license. Applicants would have to meet the same requirements that they currently do to get a concealed handgun license.

That’s really too bad for Texans.  The government shouldn’t be in the business of licensing anyone to engage in a constitutional right.  Voters might want to let their elected officials feel their disapprobation.

Now, how is this law to be enforced?  Texas has no “stop and identify” statute.  Either massive confusion is on the way, or more onerous laws like a new stop and identify statute will be part of this bill (or some future bill).  Terrible.  Just terrible.

Hays Free Press:

Walking along Goforth Road in Buda last week, two young adults carrying rifles on their backs created quite a stir. But the aftermath may be even more controversial.

Part of a group call Open Carry Texas, which, on the internet, seems to be associated with Opencarry.org, the two young adults were trying to make a statement, videotaping their interaction with police and posting it on YouTube.

What statement? That, by law, they are allowed to openly carry long guns in Texas.

The video interaction between Buda police and the weapons-carriers included lessons for all involved.

Last week, Buda Police Officer Alex Fernandez, who arrived on scene at 5:27 p.m. to investigate a call for suspicious circumstances, found himself the target of a nationwide movement to test Texas’s open carry laws. The individuals, one male, one female, videotaped the interaction with the officer and a Hays County Constable who arrived as backup.

Buda Police Chief Bo Kidd confirmed that he received a call from a concerned citizen that there were two people walking along Goforth Road with long guns strapped to their back. In addition, a call was made to the Hays County Sheriff’s 911 center about the guns.

As the scene opened up, as shown on the video, Fernandez approached the individuals and initiated the conversation by asking for their identification.

“You got a driver’s license or ID?” he asked.

The male said, “Um, I choose not to present that to you, officer.”

Fernandez replied, “Just to let you know, you have every right to do that, you also have one thing – let me tell you right now, if you fail to identify to a police officer, you can also get arrested for that, OK? Do you have a DL or ID?”

“I understand what they are promoting (2nd Amendment/Right to Bear Arms), but I think most reasonable people would disagree with the manner in which they are going about this,” Kidd said.

Kidd said he thought the manner in which the confrontation took place would have worked better as an educational experience if the protesters had simply let his office know they were going to be walking around with long guns.

One commenter wrote:

“The cop says his reasoning for detaining them is ‘suspicious activity.’ Brown v. Texas, 443 U.S. 47 (1979) ruled that suspicious activity does not satisfy the requirement to detain and demand ID. Instead the officer must suspect you of a specific crime, which he can articulate and substantiate with objective facts. The exercise of a right cannot be converted into reasonable suspicion of a crime.”

I don’t understand the notion that someone exercising a right must inform the local law enforcement.  Do street preachers tell the police that they’re going to be speaking?  Besides, the intent of this effort is to make it commonplace to carry long guns (and I would also observe that I have commented numerous times about the lack of open carry in Texas and South Carolina, saying that it is an artifact of Jim Crow laws).  It was, after all, commonplace to carry long guns in Colonial times.

As to whether the police had a right to demand identification, the officer was wrong and the commenter is right.  Texas has a stop and identify statute of sorts, but it’s very restrictive, and it must be a valid and defensible “Terry Stop” (i.e., where the person is suspected of having committed a crime) in order to constitutionally effect the detainment.

I think the police ought to get used to this happening and get their facts straight and protocol in order.  Open carry advocates have the law on their side, and this isn’t the last time this is going to happen.