Accidental view of weapon

[Texbow]

I'm confused about this subject. I was told in my original CHL class that if you accidentally exposed your weapon (shirt lifted, caught on a chair, etc) that although it was accidental you could be arrested or have your gun taken and have your CHL revoked. In my renewal class the instructor informed us that accidental showings are not grounds for having your gun taken and having your license revoked. What are the facts?

[C-dub]

I'm confused about this subject. I was told in my original CHL class that if you accidentally exposed your weapon (shirt lifted, caught on a chair, etc) that although it was accidental you could be arrested or have your gun taken and have your CHL revoked. In my renewal class the instructor informed us that accidental showings are not grounds for having your gun taken and having your license revoked. What are the facts?

The facts are that your renewal instructor was correct. However, your original class' instructor was also sorta correct. You COULD have your gun seized and you COULD be arrested and I guess it's possible to loose your CHL, but not very likely. The law does say that intentional failure to conceal is illegal and some lawyer would have to prove that you "intentionally" failed to conceal your gun.

See this thread. viewtopic.php?f=7&t=33331&hilit=handog+ ... ce#p390232" onclick="window.open(this.href);return false;

[Seabear]

Accidental exposure is not a crime. It would be considered Disorderly Conduct if it was done in a way to cause alarm.

From Page 33 of the current CHL-16 under PC 42.01

PC §42.01. DISORDERLY CONDUCT.

(a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;

[Beiruty]

Last time at the FFL, in a private place, the FFL dealer had like 4-5 picking up their firearms. At the time, I pulled my wallet, to pay the $20 fee for 2 transfers. One other transferee, was like that a big wallet there. I flashed my shirt up for split sec exposing some chunk of metal at 1:00 PM and said, this is why I carry

Amy I in trouble with the law?

[Jumping Frog]

Accidental exposure is not a crime. It would be considered Disorderly Conduct if it was done in a way to cause alarm.

From Page 33 of the current CHL-16 under PC 42.01

PC §42.01. DISORDERLY CONDUCT.

(a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;

So if you have not intentionally failed to conceal, how would it be Disorderly Conduct? After all, that also requires intentionally or knowingly. If Disorderly Conduct applies, then the original PC §46.035(A) violation would apply for intentional failure to conceal.

[Seabear]

Accidental exposure is not a crime. It would be considered Disorderly Conduct if it was done in a way to cause alarm.

From Page 33 of the current CHL-16 under PC 42.01

PC §42.01. DISORDERLY CONDUCT.

(a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;

So if you have not intentionally failed to conceal, how would it be Disorderly Conduct? After all, that also requires intentionally or knowingly. If Disorderly Conduct applies, then the original PC §46.035(A) violation would apply for intentional failure to conceal.

I included the words "intentionally or knowingly". ??????

[Charles L. Cotton]

Accidental exposure is not a crime. It would be considered Disorderly Conduct if it was done in a way to cause alarm.

From Page 33 of the current CHL-16 under PC 42.01

PC §42.01. DISORDERLY CONDUCT.

(a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;

So if you have not intentionally failed to conceal, how would it be Disorderly Conduct? After all, that also requires intentionally or knowingly. If Disorderly Conduct applies, then the original PC §46.035(A) violation would apply for intentional failure to conceal.

The only way a DC charge would stick under those circumstances is if the "knowingly" mental state (men rea) were to apply. If you accidentally failed to conceal the gun, then realized it was unconcealed but did nothing to conceal it, then a DC charge might, but probably wouldn't, stick. The New Black Panthers marched on the Republican National Convention in Houston several years back, each carrying a rifle or shotgun and chanting. If that wasn't calculated to cause alarm, I hardly think seeing a holstered pistol will support a DC charge.

Chas.

[Shinesintx]

Accidental exposure is not a crime. It would be considered Disorderly Conduct if it was done in a way to cause alarm.

From Page 33 of the current CHL-16 under PC 42.01

PC §42.01. DISORDERLY CONDUCT.

(a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;

So if you have not intentionally failed to conceal, how would it be Disorderly Conduct? After all, that also requires intentionally or knowingly. If Disorderly Conduct applies, then the original PC §46.035(A) violation would apply for intentional failure to conceal.

The only way a DC charge would stick under those circumstances is if the "knowingly" mental state (men rea) were to apply. If you accidentally failed to conceal the gun, then realized it was unconcealed but did nothing to conceal it, then a DC charge might, but probably wouldn't, stick. The New Black Panthers marched on the Republican National Convention in Houston several years back, each carrying a rifle or shotgun and chanting. If that wasn't calculated to cause alarm, I hardly think seeing a holstered pistol will support a DC charge.

Chas.

You make a good point...but the problem with your logic, is that you are using logic and common sense. The left gets away with more than the right. If any of the Black Panthers had been arrested, the lamestream media and race baiters such as Sheila Jackson et al would have started a national media circus.

Sorry, not trying to argue...I just listed to too much Levine, Wilkow, and Rush earlier today. They got me all riled up about the anti gun lib faction.

[Heartland Patriot]

Accidental exposure is not a crime. It would be considered Disorderly Conduct if it was done in a way to cause alarm.

From Page 33 of the current CHL-16 under PC 42.01

PC §42.01. DISORDERLY CONDUCT.

(a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;

So if you have not intentionally failed to conceal, how would it be Disorderly Conduct? After all, that also requires intentionally or knowingly. If Disorderly Conduct applies, then the original PC §46.035(A) violation would apply for intentional failure to conceal.

The only way a DC charge would stick under those circumstances is if the "knowingly" mental state (men rea) were to apply. If you accidentally failed to conceal the gun, then realized it was unconcealed but did nothing to conceal it, then a DC charge might, but probably wouldn't, stick. The New Black Panthers marched on the Republican National Convention in Houston several years back, each carrying a rifle or shotgun and chanting. If that wasn't calculated to cause alarm, I hardly think seeing a holstered pistol will support a DC charge.

Chas.

Mr. Cotton, if I were to ever get arrested for Disorderly Conduct related to an accidental failure to conceal, I sure hope I'd remember that last part of your posting. Excellent, I love it.

[Keith B]

Accidental exposure is not a crime. It would be considered Disorderly Conduct if it was done in a way to cause alarm.

From Page 33 of the current CHL-16 under PC 42.01

PC §42.01. DISORDERLY CONDUCT.

(a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;

So if you have not intentionally failed to conceal, how would it be Disorderly Conduct? After all, that also requires intentionally or knowingly. If Disorderly Conduct applies, then the original PC §46.035(A) violation would apply for intentional failure to conceal.

The only way a DC charge would stick under those circumstances is if the "knowingly" mental state (men rea) were to apply. If you accidentally failed to conceal the gun, then realized it was unconcealed but did nothing to conceal it, then a DC charge might, but probably wouldn't, stick. The New Black Panthers marched on the Republican National Convention in Houston several years back, each carrying a rifle or shotgun and chanting. If that wasn't calculated to cause alarm, I hardly think seeing a holstered pistol will support a DC charge.

Chas.

I agree with Charles. You would more than likely have to be actually engaged in threatening someone either by engaging in an argument with them or purposely displaying the weapon with the intent of intimidation. We have no brandishing law, but it would be the DC charge if you were to 'brandish' your weapon.

Here are some cases of people arrested in other states for 'brandishing' a holstered weapon. NOTE: a couple of these happened with open carry in VA.

VA Woman goes to school bus stop - http://www.nbc12.com/story/14654332/parent-arrested" onclick="window.open(this.href);return false;
Same woman a second time, now charged with DC - http://www.nbc12.com/story/14663521/par ... t-bus-stop" onclick="window.open(this.href);return false;

VA - Argument with security guard while open carrying - http://www.examiner.com/gun-rights-in-n ... his-finger" onclick="window.open(this.href);return false;
Found Not Guilty - http://forum.opencarry.org/forums/showt ... ost1610106" onclick="window.open(this.href);return false;

TN - http://www.portlandleader.net/articles/ ... 063740.txt" onclick="window.open(this.href);return false;

WA - Man flashed gun in holster; had warrant for previous same thing - Had a CHL http://www.kitsapsun.com/news/2011/apr/ ... shing-had/" onclick="window.open(this.href);return false;