legal definition of "flashing"???

[Hofacker]

What is the official legal definition of "flashing" here in Texas? My brief search of the internet didn't come up with a clear answer. For example; suppose you are at a quickey mart buying gas after dark. A man approaches you carrying a club, tire iron, bat, etc. Considering the time of day (night) you lift your shirt tail and put your hand on your IWB gun. The man turns away and goes inside the store and maybe even calls the cops. Is this considered "flashing"? Let's push this scenario a little further; the man continues to approach you and you actually pull your gun before the man turns away. Is this "flashing"? In a threatening situation how long do you have to wait before reaching for your gun? And, I guess that brings up the question what is a "threatening situation"? Perhaps y'all can open this up to a generalized discussion of "flashing" a weapon.
Thanks,
CRH

[psijac]

Intentional failure to conceal. Have you taken the chl course? I am pretty sure its all covered in there. I'm not a laywer.

[Hofacker]

yup, I've taken the CHL class. and yup it was discussed. and nope the answer still is not clear... and yup it matters; when can you legally access your weapon?

[jmra]

Intentional failure to conceal. Have you taken the chl course? I am pretty sure its all covered in there. I'm not a laywer.

That's the old language. The new language is “intentional display of a weapon in a public place”.

[Hofacker]

OK, great. In my scenario you were in a "public place": The quicky mart, and you "intentionally displayed" your weapon. Is that "flashing"?

[jmra]

OK, great. In my scenario you were in a "public place": The quicky mart, and you "intentionally displayed" your weapon. Is that "flashing"?

There is nothing in Texas law about "flashing" (not related to guns anyway). If you are wanting to know if you would be justified in displaying your firearm, the answer is displaying your weapon would be justified if use of force was legally justified.

[RKirkwood]

There is a chance he will go and call the police.



TPC §46.035. 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 displays the handgun in plain view of another person in a public place in a manner calculated to cause alarm and not pursuant to a justified use of force or threat of force as described in Chapter 9.

BUT
Chapter 9 of the penal code says:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.


There are many other that may be able to explain this better.
Bold & Underline added by me.

[jmra]

More about use of force:
Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows is being made
by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
(3) if the actor consented to the exact force used or attempted by the other;
(4) if the actor provoked the other's use or attempted use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor

[fishman]

The easy answer would be, don't show your gun unless your going to use it. AND don't go looking for a reason to use it.

[ELB]

"Flashing" has a whole different meaning to me. The actual question is much easier to answer than I thought it was going to be.

The new language from SB 299 (not yet incorporated in the online statutes):

Section 46.035, Penal Code:
(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 displays the handgun in plain
view of another person in a public place.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of force or deadly force under Chapter 9.

Handy references:
http://www.statutes.legis.state.tx.us/Index.aspx" onclick="window.open(this.href);return false; (Can look up statutes by Code, Chapter, and Section) (Does not have updates from the 83rd (latest) Legislative Session yet).
http://www.statutes.legis.state.tx.us/Search.aspx" onclick="window.open(this.href);return false; (Can look up statutes by words they contain, e.g. "concealed handgun")
http://www.legis.state.tx.us/Home.aspx" onclick="window.open(this.href);return false; (Can look up the bills considered by various sessions, e.g. SB299 in the 83rd Legislature, which is the relevent one here).

[A-R]

I'm also not a lawyer, but In brief (and I do mean brief, you need to go read and reread multiple times Chapter 9 of the Texas Penal Code http://www.statutes.legis.state.tx.us/D ... m/PE.9.htm" onclick="window.open(this.href);return false;):

If you reasonably fear imminent serious bodily harm or imminent felony crime (ex: aggravated robbery - see statutes for more complete list) that requires you to immediately produce your weapon as means of self-defense against that imminent harm, then you are justified in displaying (and possibly firing) your weapon. Note that this justification is a "defense to prosecution" not a blanket immunity.

If you are NOT justified to display or draw your weapon, then you could be charged with anything from Unlawful Carry - Intentional Display (misdemeanor) to Aggravated Assault (felony) depending on circumstances.

[A-R]

As for "flashing" depends what you're flashing (breasts are ok under state law, other body parts are not; local laws vary).

Read more under PC 21.08 http://www.statutes.legis.state.tx.us/D ... /PE.21.htm" onclick="window.open(this.href);return false;

[fishman]

As for "flashing" depends what you're flashing (breasts are ok under state law, other body parts are not; local laws vary).

Read more under PC 21.08 http://www.statutes.legis.state.tx.us/D ... /PE.21.htm" onclick="window.open(this.href);return false;

[Charles L. Cotton]

TPC §46.035. 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 displays the handgun in plain view of another person in a public place in a manner calculated to cause alarm and not pursuant to a justified use of force or threat of force as described in Chapter 9.

This is the language in the as-filed version of SB299, but it was amended in conference. The as-passed version of SB299 simply states ". . . intentionally displays the handgun in plain view of another person in a public place."

Chas.

[nightmare]

As for "flashing" depends what you're flashing (breasts are ok under state law, other body parts are not; local laws vary).

Read more under PC 21.08 http://www.statutes.legis.state.tx.us/D ... /PE.21.htm" onclick="window.open(this.href);return false;