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by Charles L. Cotton
Thu Jan 29, 2009 1:41 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Open carry legislation
Replies: 31
Views: 5845

Re: Open carry legislation

PArrow wrote:Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

That's one of the parts that bother me. What is considered concealed? If you can see the outline of my gun through my shirt is it concealed? If it's in a shoulder holster with my jacket open and someone gets a peek is it concealed?
A bulge under your shirt is not "printing" and does not violate §46.035(a). If your shirt is so tight that the outline of a gun is "openly discernible to the ordinary observation of a reasonable person" (not a LEO), then your gun is not concealed and I think claiming it wasn't "intentional" is going to be difficult to sell.

If you carry your gun in a shoulder holster and don't button it and it hangs open, as most coats will using a shoulder holster, then you have violated §46.035(a).

Chas.

Tex. Gov't Code §411.171(3) wrote:SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN
Sec.A411.171.AADEFINITIONS.A In this subchapter:
. . .

(3)"Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a
reasonable person.
by Charles L. Cotton
Thu Jan 29, 2009 1:20 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Open carry legislation
Replies: 31
Views: 5845

Re: Open carry legislation

Accidental exposure of a handgun by a CHL is not unlawful. This is one of the fallacies repeatedly cited as a reason to support open-carry. Support open-carry if you will, but don't base that support on scare tactics.

Chas.
TPC §46.035(a) wrote:Sec. 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.
TPC 6.03(a) wrote:Sec. 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.
by Charles L. Cotton
Wed Jan 28, 2009 2:54 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Open carry legislation
Replies: 31
Views: 5845

Re: Open carry legislation

Nothing has been introduced yet, but Rep. Riddle is working on a bill. I'll leave it to others to estimate it's chances of passage this session.

Chas.

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