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by chabouk
Sat Dec 19, 2009 2:02 am
Forum: General Texas CHL Discussion
Topic: "Printing" vs concealing
Replies: 21
Views: 4041

Re: "Printing" vs concealing

An ambitious prosecutor could make a case that printing is a crime. While PC 46.035 makes it a crime for a CHL to intentionally fail to conceal, Mr. Ambitious, Esq., could prosecute under 46.02 (UCW).

Here's how: PC 46.02 makes it a crime to carry a handgun, but a concealed handgun under the authority of Government Code 411 is one of the exceptions. GC 411.171(3) defines a "concealed handgun" as "...a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person."

If someone is obviously printing, even though they're not intentionally failing to conceal, a prosecutor with an agenda could argue that if the handgun is "openly discernible to the ordinary observation of a reasonable person", then they're not carrying a concealed handgun, thus are are subject to the protection of having a CHL.

Likelihood of prosecution: just slightly more than gun store employees who OC. i.e., not bloody likely.

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