I agree with Charles. You would more than likely have to be actually engaged in threatening someone either by engaging in an argument with them or purposely displaying the weapon with the intent of intimidation. We have no brandishing law, but it would be the DC charge if you were to 'brandish' your weapon.Charles L. Cotton wrote:The only way a DC charge would stick under those circumstances is if the "knowingly" mental state (men rea) were to apply. If you accidentally failed to conceal the gun, then realized it was unconcealed but did nothing to conceal it, then a DC charge might, but probably wouldn't, stick. The New Black Panthers marched on the Republican National Convention in Houston several years back, each carrying a rifle or shotgun and chanting. If that wasn't calculated to cause alarm, I hardly think seeing a holstered pistol will support a DC charge.Jumping Frog wrote:So if you have not intentionally failed to conceal, how would it be Disorderly Conduct? After all, that also requires intentionally or knowingly. If Disorderly Conduct applies, then the original PC §46.035(A) violation would apply for intentional failure to conceal.Seabear wrote:Accidental exposure is not a crime. It would be considered Disorderly Conduct if it was done in a way to cause alarm.
From Page 33 of the current CHL-16 under PC 42.01
PC §42.01. DISORDERLY CONDUCT.
(a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;
Chas.
Here are some cases of people arrested in other states for 'brandishing' a holstered weapon. NOTE: a couple of these happened with open carry in VA.
VA Woman goes to school bus stop - http://www.nbc12.com/story/14654332/parent-arrested" onclick="window.open(this.href);return false;
Same woman a second time, now charged with DC - http://www.nbc12.com/story/14663521/par ... t-bus-stop" onclick="window.open(this.href);return false;
VA - Argument with security guard while open carrying - http://www.examiner.com/gun-rights-in-n ... his-finger" onclick="window.open(this.href);return false;
Found Not Guilty - http://forum.opencarry.org/forums/showt ... ost1610106" onclick="window.open(this.href);return false;
TN - http://www.portlandleader.net/articles/ ... 063740.txt" onclick="window.open(this.href);return false;
WA - Man flashed gun in holster; had warrant for previous same thing - Had a CHL
http://www.kitsapsun.com/news/2011/apr/ ... shing-had/" onclick="window.open(this.href);return false;