The DPS FAQ addresses this as such:flintknapper wrote:CainA wrote:picking nits but...atxgun wrote:...but it would be nice to not have to worry about getting busted for failure to conceal.
PC s46.035. 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.
-Cain
This is the part that bothers me--"it's presence cannot be discernible through ordinary observation." An unintentional "flash" at a gas pump could be considered by some: "I saw it through ordinary observation of this person filling up his car, the wind blew his shirt open and there it was...."Brvroom in plain sight!... a GUN!"Q: What does “Concealed” mean?
A: “Concealed” means that the weapon cannot be visible, and that its presence cannot be discernible through ordinary observation. It is a criminal offense for a license holder to carry a handgun in plain view, or to intentionally fail to conceal the weapon. (italics are mine)
This kind of question could be manipulated in court by a DA who wanted to make a statement and/or case law.
And, if this is the case you will also have a criminal record--even if you're found innocent--for the rest of your life. The arrest doesn't go away from a criminal history file if you're found not guilty or if it is dropped by the prosecutor or if it's no-billed by a grand jury. If you've taken the ride it WILL be there as a weapon's charge.flintknapper wrote: Good point...and one that has been discussed here many times. Problem is, who gets to decide what "intentional" is/was.
The answer of course, a jury or a judge...which means you are already deep into the legal system. Can't be fun or inexpensive.
I hope nobody here wants to have a record, but being a test case will result in having one.