No, it is up to a judge or jury. To effect an arrest, a cop must believe you intentionally failed to conceal the gun. Two facts;boredelmo wrote:The thing about whether or not it is "breeching of the law" is that its up to the cop.
The word "intentionally" has a specific definition.Texas Penal Code
46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
Texas Penal Code
§ 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A
person acts intentionally, or with intent, with respect to the
nature of his conduct or to a result of his conduct when it is his
conscious objective or desire to engage in the conduct or cause the
result.
Describe said situation.I can definitely see a situation where someone would get in trouble for unintentionally printing.
I am so tired of that old, tired and FALSE statement. A cop who makes an arrest without good faith, or does so knowing there was no violation can face Texas criminal charges of official oppression. He would also face Federal civil rights violations charges, and the Feds don't care about good faith.Cops can arrest you for pretty much anything and let the court sort it out.
Oh, what made the cop's day bad?Don't say it isn't true, a fellow was arrested and jailed for not having a front reflector on his bicycle because the cop was having a bad day. I was there when the judge looked at the charges and laughed and let him go.
It IS a violation to not have a front reflector under specific circumstances. This "case" if it exists, proves nothing.