What is "Failure to conceal"?

[sailor2000]

Is accidentally exposing part of a closed end holster (i.e., only the holster was revealed) failure to conceal? I have searched and read til I am blue in the face... a link to the answer would be great...

Thanks

[boomerang]

The law requires intentional failure to conceal.

I don't think there's enough case law to say one way or the other if an exposed holster tip (or holster clips) means the handgun is not concealed. I know my vote but that doesn't matter unless I'm on your jury.

[hheremtp]

Is accidentally exposing part of a closed end holster (i.e., only the holster was revealed) failure to conceal? I have searched and read til I am blue in the face... a link to the answer would be great...

Thanks

From what I understand, If you walk into wally world and have an OWB holster on and no cover garment on that would be failure to conceal, if however youre wakling out of wally world and the wind blows your jacket open and exposes your gun that would not be failure to coneal.

[OnTheMark]

Concealed Firearm - As noted in the statute, this means a handgun, the presence of which is not openly discernible
to the ordinary observation of a reasonable person.

PC 46.035- Unlawfully 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 and intentionally fails to conceal the handgun.

[sailor2000]

Does a holster conceal the handgun if no part of the handgun is visible?

[Keith B]

Does a holster conceal the handgun if no part of the handgun is visible?

Depends. If the resonable person defined in the statute can tell it is a holster with a handgun in it, then no.

[MAFWG]

Does a holster conceal the handgun if no part of the handgun is visible?

Depends. If the resonable person defined in the statute can tell it is a holster with a handgun in it, then no.

Keith B, by your definition, would use of the "SafePacker" (http://store.thewilderness.com/index.php?cPath=51) constitute intentional failure to conceal?

MAFWG

[ninemm]

That "Safepacker" thing looks a lot like the heart monitor recorder I wore for a week one time.

[Keith B]

Does a holster conceal the handgun if no part of the handgun is visible?

Depends. If the reasonable person defined in the statute can tell it is a holster with a handgun in it, then no.

Keith B, by your definition, would use of the "SafePacker" (http://store.thewilderness.com/index.php?cPath=51) constitute intentional failure to conceal?

MAFWG

I would not think so as it doesn't look like a holster. Remember, you have to meet the 'openly discernible by a reasonable person' part of the statute. I wouldn't be able to tell what was inside it. No different than carrying one of the day planner holsters.

[dac1842]

I wish the lawyers/legislators that write our laws would apply some common sense to our laws. All this part would need to read is " if someone can see the gun you and you are not trying to reconceal it, then you are guilty.

[Keith B]

I wish the lawyers/legislators that write our laws would apply some common sense to our laws. All this part would need to read is " if someone can see the gun you and you are not trying to reconceal it, then you are guilty.

I don't like that wording as I may not realize it is exposed and won't be trying to re-conceal it.

[DoubleJ]

IIRC, the two arrests for "Failure to Conceal" that I know of, the person basically "displayed" the gun, as in a "Lookee what I got here" kind of manner.

AFAIK, there has only been one arrest for failure to conceal in the sense of shirts blowing in the wind and what-not, and that was several years ago. I don't recall the outcome of that case.

[barres]

Does a holster conceal the handgun if no part of the handgun is visible?

Depends. If the resonable person defined in the statute can tell it is a holster with a handgun in it, then no.

So an OWB holster that comes down past the barrel combined with a T-shirt that covers the grip of the handgun (everything above the top of the holster), but doesn't cover the holster itself, would be concealed to you? Because how can anyone determine whether or not a holster is empty, without seeing above the topmost part of it?














I'm kinda playing devil's advocate, here, but I have thought of this very question at times where I had to disarm, but was wearing an OWB holster that wasn't easily removable. If someone saw my [empty] holster, would I have trouble until I proved that it was, indeed, empty. In other words, does the presence of a holster automatically lead to the conclusion regarding the presence of a handgun?

[Keith B]

Does a holster conceal the handgun if no part of the handgun is visible?

Depends. If the reasonable person defined in the statute can tell it is a holster with a handgun in it, then no.

So an OWB holster that comes down past the barrel combined with a T-shirt that covers the grip of the handgun (everything above the top of the holster), but doesn't cover the holster itself, would be concealed to you? Because how can anyone determine whether or not a holster is empty, without seeing above the topmost part of it?



I'm kinda playing devil's advocate, here, but I have thought of this very question at times where I had to disarm, but was wearing an OWB holster that wasn't easily removable. If someone saw my [empty] holster, would I have trouble until I proved that it was, indeed, empty. In other words, does the presence of a holster automatically lead to the conclusion regarding the presence of a handgun?

IANAL, but wearing an empty holster of any kind in any way is not illegal AFAIK. Wearing a holster that contains a handgun, has any part that intentionally exposed and can be recognized by a 'reasonable individual', is illegal IMO.

As for having to prove it, if a LEO sees your holster and recognizes it is exposed, then I think you will have to prove it was empty. You also might get hassled about the holster being exposed and not being able to tell it was empty. So if it was me I would do everything I could to conceal a holster, empty or full.

[ClarkLZeuss]

So if it was me I would do everything I could to conceal a holster, empty or full.