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by txinvestigator
Wed Dec 07, 2005 9:17 pm
Forum: General Texas CHL Discussion
Topic: How About Open Carry
Replies: 46
Views: 9444

Re: How About Open Carry

KBCraig wrote:
Kyle Brown wrote:For instance, you cannot stand in a crowded theather and yell "Fire."
Can you cite the law that forbids you from doing so?

This gets thrown about a lot as if it's true. What's actually true is that you're responsible for your actions: inciting panic, lost revenue to the theater owner, injuries incurred in the evacuation, etc.

Kevin
I can


Texas Penal Code
§42.06. False alarm or report.

(a) A person commits an offense if he knowingly initiates,
communicates or circulates a report of a present, past, or future
bombing, fire, offense, or other emergency that he knows is false or
baseless and that would ordinarily:

(1) cause action by an official or volunteer agency organized
to deal with emergencies;

(2) place a person in fear of imminent serious bodily injury;
or

(3) prevent or interrupt the occupation of a building, room,
place of assembly, place to which the public has access, or aircraft,
automobile, or other mode of conveyance.

(b) An offense under this section is a Class A misdemeanor
unless the false report is of an emergency involving a public primary
or secondary school, public communications, public transportation,
public water, gas, or power supply or other public service, in which
event the offense is a state jail felony.
by txinvestigator
Wed Dec 07, 2005 12:45 am
Forum: General Texas CHL Discussion
Topic: How About Open Carry
Replies: 46
Views: 9444

rgoldy wrote:I bow to your superior knowledge of Texas criminal statutes. My point remains, that an accidental exposure of your weapon is not likely to be viewed as a threat by most people. That does not mean all people will be as tolerant. All it takes is one person who sees the weapon you should be concealing and feels threatened by it, to create a situation that bodes nothing but ill for you.
I agree with you. I even wrote it was good to be careful. Why the hostility dude? :roll:
by txinvestigator
Tue Dec 06, 2005 5:13 pm
Forum: General Texas CHL Discussion
Topic: How About Open Carry
Replies: 46
Views: 9444

rgoldy wrote:This is another situation in which the violation is in the eye of the beholder.
If you were to briefly expose your weapon accidentally, while bending over for example. It might be a technical violation of the brandishing law, but it is unlikely to attract much attention under most circumstances.
Texas does not have a brandishing law. A brief, unintentional exposure of the weapon is not a technical violation of anything.
by txinvestigator
Tue Dec 06, 2005 4:20 pm
Forum: General Texas CHL Discussion
Topic: How About Open Carry
Replies: 46
Views: 9444

You are in violation if you intentionally fail to conceal the handgun. It is always good to be cautious, though.


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.
by txinvestigator
Tue Dec 06, 2005 3:09 pm
Forum: General Texas CHL Discussion
Topic: How About Open Carry
Replies: 46
Views: 9444

Re: How About Open Carry

carlson1 wrote:I know the reason that some say Concealed is good. I know the reason that some use for Open being good. I would like the Open just for the fact if that if reaching up or etc. . . the gun is exposed I am still legal. Does anyone think Open would ever be legal in Texas? I understand it is legal Louisana.
If you inadvertantly expose your handgun under the CHL laws you are not in violation.

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