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by camlott
Wed Feb 10, 2010 3:53 pm
Forum: General Texas CHL Discussion
Topic: Funny incident
Replies: 32
Views: 3063

Re: Funny incident

Some LEO said that carrying on ones own property could still be violation if it frightened the public, and could still get you on public display of firearm...that if it is visible from street, it is still public.
This must be used when a LEO is looking for a reason to charge someone. Otherwise nearly everyone in attendance at a gun show could be charged with this once they hit the parking lot... or every person that drives around in the country with a rifle/shotgun hanging in the window of their truck. Even a hunter walking to/from their stand that might be visible from a road... someone driving down the road might be an anti and is scared at the sight of a gun.

Not saying it isn't possible, but that LEO's interpretation seems to be pretty loose. I would think that in order for that charge to hold up in court, they would have to prove some kind of intent (brandishing, etc.). After all we are in Texas, surely the mere sight of a gun (non-threatening) would not be enough to get prosecuted, much less convicted.
by camlott
Mon Feb 08, 2010 7:55 pm
Forum: General Texas CHL Discussion
Topic: Funny incident
Replies: 32
Views: 3063

Re: Funny incident

I like the idea of openly carrying when you answer the door. That should definitely let them know to keep moving if they are casing the place out. I may start doing that myself, but it just occurred to me as I was reading you post, could someone call the police and try to get you for branishing? I know it seems ridiculous, but we live in such a touchy society.
No I don't think that would meet the definition of brandishing but IANAL!
Brandishing [Webster Dictionary]
1 : to shake or wave (as a weapon) menacingly
2 : to exhibit in an ostentatious or aggressive manner

I don't think the mere presence of a gun (intentional or unintentional) meets the definition of brandishing unless one or both of the above is true. At least that's my interpretation

However your question brings the following story to mind...
>>>Sunday, December 20, 2009 foxnews.com
A Virginia man has been convicted of indecent exposure after prosecutors said he stood naked inside his house as a 7-year-old boy and his mother walked by.

The mother and child allegedly observed the defendant, 29-year-old Erick Williamson, first through a doorway and again through a window that had no drapes, MyFoxDC reported.

Williamson, the father of a 5-year-old, argued in court Friday that he should be free to go au naturel inside his home. But a judge agreed with prosecutors who argued Williamson's actions showed he intended to make himself visible to the pair as they walked to school along a path outside his home in October.

Williamson's arrest received national attention and spurred debate about whether someone should be subject to arrest for exposure from inside his own home.

He received only a suspended jail sentence and no fine, but still intends to appeal.<<<

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