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by handog
Mon Sep 09, 2013 9:33 am
Forum: General Texas CHL Discussion
Topic: Has this happened to you? Someone calls a LEO?
Replies: 30
Views: 6446

Re: Has this happened to you? Someone calls a LEO?

The Annoyed Man wrote:
cb1000rider wrote:
Keith B wrote:Also, this is the only case we know where a CHL was arrested for accidentally exposing his handgun http://texaschlforum.com/viewtopic.php?f=7&t=31719" onclick="window.open(this.href);return false;
To be specific, he was arrested for intentionally exposing his handgun in a situation where actual intent was very unlikely. To me, it demonstrated that at least one Round Rock LEO knew the law very well and chose to specify intent. The Annoyed Man has a good summary that I completely agree with.
Basic summary is this: He unintentionall exposed his gun, but was arrested for intentional failure to conceal. The county prosecutor eventually agreed with Handog, and charges were dropped.
  1. He had the gun, a baby Glock 36, in a Bianchi 100 Professional IWB Holster, concealed under his shirt tail. (I seem to remember that it was in a SOB position, but I could be wrong about that.)
  2. He was sitting in a chair, waiting for his number to be called.
  3. While sitting in the chair, the back of his shirt, rubbing against the chair-back, rode up bit by bit until the gun was exposed.
  4. When his number was called, he stood up.
  5. His shirt had ridden up far enough that the gun (unknown to him because it was in an SOB (small of the back) holster) was exposed to the woman sitting behind him.
  6. Nothing was said at that moment. He realized the problem, pulled his shirt-tail down and covered the gun, and completed his transaction.
  7. Unknown to Handog, The woman who saw his gun phoned in a MWAG call.
  8. He transacted his business and left.
  9. All the squad cars in the planet converged on him in the parking lot, and all the cops drew down on him.
  10. He was arrested for intentional failure to conceal, despite the fact that it was unintentional.
  11. In the end, the MWAG call and the arrest were recognized as being bogus, and after some lawyer fees, he was let go. He still has his CHL as far as I know.
Details of that arrest here: viewtopic.php?f=7&t=31719&p=369342#p369342" onclick="window.open(this.href);return false;

There used to be a thread prior to that one in which he had given the details in greater detail, but I believe that he deleted it soon after on advice of counsel, as the case was not yet decided. As I recall, the jurisdiction was Round Rock, but I could be wrong about that.

As Keith pointed out above, this is a pretty rare occurrence, and Handog's experience is the only one most of us know about. Just do a conscientious of concealing your gun, don't pluck at your clothing all the time, and don't worry about it. Find subtle ways to check your concealment whenever you transition from sitting to standing or visa-versa.
This is quite accurate. Just one thing. The RR PD watched Mrs. Handog and I get in our truck and drive off, then pulled me over two blocks down the road. We were obviously no threat to anyone. It may have been an anomaly but it can happen. It took years before I could just strap on my CC and forget about it without fear of the Police.

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