Originally Posted by jeepinbandit
Except for the guy wasn't open carrying the M-1 Carbine. It was in his truck and he pulled it out of the truck after he was stopped.
By that reasoning everyone is subject to a Terry Stop because hell in Texas there's a good chance they have a concealed weapon under their shirt.
Its all in how you are able to articulate your actions. He was openly carrying the weapon in his vehicle, loaded and ready to go.
A kid with a .45 can kill you just as dead. When there is a weapon in play, it is worth taking notice and investigating as necessary.
I remember stopping a vehicle hauling butt out of a known smuggling area with lights out. In the end it ended up being the ranch hand screwing around. But, he had a 12 gauge shotgun on the seat.
I told my partner rather loudly, "Hey, that's a nice shotgun." That way he knew it was there as well.
The guy was clean and we sent him on his way.
Had he been smuggling drugs with that shotgun, it would haven gotten really ugly real fast.
The point? When there are guns in play an abundance of caution is not only prudent, but necessary.
You can do libertarian gymnastics all day long, but when it is your life on the line, I suspect you might look at things a tad bit differently.