What is "Failure to conceal"?

[ELB]

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?

For what it is worth, I once entered a courthouse with an empty holster -- I was in a hurry, and it was a pain in the neck to get it on and off, so I just locked the gun & ammo in the car. I showed it to the deputies (it was under a vest), they asked if I was an LEO, I said no, CHL and gun is in the car, and they said okey-doke. I didn't run around in the court house with it actually exposed -- it was under my vest -- but it wasn't a weapon either.

The "intentionally fails to conceal" seems a pretty high bar for a cop or a prosecutor to meet, and I don't think an empty holster meets this (despite the vapors that some univ administrators have about empty-holster protests. ). It doesn't prevent a knot-headed cop from giving you grief, but generally I would not worry about it. I would keep the holster covered just because I do not want to randomly alert the world as to my gun ownership, but I don't see an actual legal issue.

[dwhitley]

I had this happen to me a few weeks ago. I was at Lowes in my truck bed loading grass. I had mine in the small of my back in a IWB holster and my shirt had moved up over it. My back was to the parking lot and just happens and Harris County Sheriff pulls up and hits the horn. I stood up as he rolled down his window and said you might want to cover up sir and I take it you have a permit. I said yes sir and thanks for the info. He then drove away... Now you can tell my gun was in a holster and you can see the holster.. I think it really comes down to the police and how they feel at the moment. Thanks David

[Keith B]

I had this happen to me a few weeks ago. I was at Lowes in my truck bed loading grass. I had mine in the small of my back in a IWB holster and my shirt had moved up over it. My back was to the parking lot and just happens and Harris County Sheriff pulls up and hits the horn. I stood up as he rolled down his window and said you might want to cover up sir and I take it you have a permit. I said yes sir and thanks for the info. He then drove away... Now you can tell my gun was in a holster and you can see the holster.. I think it really comes down to the police and how they feel at the moment. Thanks David

I am surprised he didn't arrest you on the spot. Someone transporting grass and armed could be considered VERY dangerous!!!!

[barres]

I am surprised he didn't arrest you on the spot. Someone transporting grass and armed could be considered VERY dangerous!!!!

I think we can all assume that it was a different kind of weed. Er... Um... Grass.

[mgood]

I had this happen to me a few weeks ago. I was at Lowes in my truck bed loading grass. I had mine in the small of my back in a IWB holster and my shirt had moved up over it. My back was to the parking lot and just happens and Harris County Sheriff pulls up and hits the horn. I stood up as he rolled down his window and said you might want to cover up sir and I take it you have a permit. I said yes sir and thanks for the info. He then drove away... Now you can tell my gun was in a holster and you can see the holster.. I think it really comes down to the police and how they feel at the moment. Thanks David

I like to hear about cops like that. Kind of surprising in Harris County. Wouldn't surprise me a bit in the small town where I live.

I work in New Mexico, where open carry is legal. I work in a gun store where open carry is sort of expected. But I live in Texas. I do not have a CHL. As I'm getting dressed for work, I usually put my holster on my belt and my gun in my holster. I'm legal in my home, in my driveway between my house and my vehicle, and legal in my vehicle. But often I want to stop at a convenience store before leaving town to get a snack for the drive to work. I frequently leave my gun in the truck and pull a jacket or shirt over the holster on my belt, more or less concealing it. No one's ever noticed, or commented on it if they did notice. (If someone around here, police included, did notice, they'd probably assume I have a CHL.) Yesterday, after making my purchase with a sizable lump (empty holster) under my shirt, the store manager followed me out to my truck. I thought he was going to say something about what I was carrying. But he was just bringing me something I'd bought and then forgotten on the counter.

I am surprised he didn't arrest you on the spot. Someone transporting grass and armed could be considered VERY dangerous!!!!

[Liberty]

I like to hear about cops like that. Kind of surprising in Harris County. Wouldn't surprise me a bit in the small town where I live.

It really shouldn't surprise anyone. Harris county LEO from all reports I've seen aren't out to cause grief to CHLers. There haven't been a bunch of reports of officers been.
Chucky is gone, and no one ever paid much attention to him when he was around.

[jc_conn]

Here's is the legal definition of "concealed handgun" (Texas Government Code 411.171):

(3) "Concealed handgun" means a handgun, the presence
of which is not openly discernible to the ordinary observation of a
reasonable person.

And here's this:

Sec. 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 fails to conceal the handgun.

And this:

Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.