kw5kw wrote:S&W6946 wrote:Charles, I've known Sgt Star Riddle for sometime so I emailed her about what she told you in class. Here is her response to me:
It was an opinion on my part when saying that if a person tells another that they are carrying a gun, it is no longer considered “concealed� because someone knows they have it. Case in point, recently a CHL holder followed a reckless driver to a convenience store. When the CHL holder got out of his car, he adjusted his shirt. When he approached the man he asked the man about his reckless driving. The man responded, “Why, do you have a gun?� Our CHL holder told him yes, he did. When the police arrived, the man told the officers that the CHL holder threatened him with his gun, at which time the officers arrested the CHL holder. How could he prove he did not threaten and how did the man know our CHL holder had a gun? That was the point I was trying to make. CHL holders should not be telling people they have a gun, this information could cause them some serious problems. The license was designed to have people carry to protect themselves or others, not to brag about the fact they have a gun…..understand my point?? At no time did I say it was unlawful to tell someone they are carrying……but, being “concealed� means no one knows you have it, right?[/i]
The CHL didn't tell him, he adjusted his shirt so the other person could 'see' it, then he asked the CHL why he had one...
The CHL in this instance was wrong, I agree.
In this instance, the syntax of the sentence is the key. Notice the comma. "Why, do you have a gun?" is not the same as "Why do you have a gun?" I'm no grammar expert, but I believe it would read more properly if it were punctuated differently. "Why? Do you have a gun?"
I believe that it's all in the context of the situation. In this case, the guy started out by following someone until he stopped, then he got out to confront the guy. This is definitely not a way to de-escalate a situation. In fact, it served to escalate it a little. Then it went further. The CHL guy seemed to be "playing cop".
In a different context, where a friend asks you if you're carrying, and you say "Yes", I don't believe you've failed to conceal.
It's obviously wrong to go up to someone and say, "I have a gun". This is nearly the same as brandishing, as it will probably be seen as a threat.
Just like the old stories about the guys who robbed banks by pointing their finger inside their jacket pockets. The teller doesn't know you don't have a gun, so she's just as afraid of your finger as she would be if you had a gun in the open in her face.