How a Conflict of State and Local Laws Can Muddy Open Carry Laws

Explore:  Gun Laws


While Texas law allows citizens to openly carry firearms, local law can sometimes conflict. A Texas appeal attorney can discuss how these laws are applied and how this conflict may have been the root of one man’s recent controversial run-in with law enforcement.

A Texas Federal Appeals Attorney Discusses Texas’s Open Carry Law
Texas is one of a few states that has an “open carry” law, at least as it relates to long guns or rifles. This means that in some circumstances it may be permissible to carry a rifle in plain view. This law is limited, however in cases where it incites alarm. As a qualified appeal lawyer can discuss, this was at least part of the cause of some confusion for Houston area man, Henry Vichique.

Taser Indident Involving Houston Man
Mr. Vichique was allegedly tased by police officers after he was stopped for carrying a rifle on the way home. Mr. Vichique apparently informed law enforcement that his gun was loaded and was not placed under arrest. However, a conflict arose when officers stopped him citing a local ordinance that prohibits the carrying of open firearms within city limits. The situation escalated, resulting in Mr. Vichique being tased.

The Conflict of Laws
It’s important to understand that Texas’s open carry law for long guns is not absolute. Like in the incident described above, state law provides for open carry in some situations. Local or city laws may have more strict requirements.



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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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