Flashing?

Jacob Staff · #1

What are the legal ramification if someone is able to see your "concealed" handgun?

For example, you are in a traffic jam during an evacuation of a major city. You get out to get something from the back of the car and the wind blows you shirt up and your piece is "hanging out"

or if you are at the local super market and something similar happens?

HighVelocity · #2

If you expose your weapon, you expose yourself to trouble. Concealed means concealed.

gigag04 · #3

Isn't the violation Intentional Failure to conceal? Meaning there might be a defense if you could prove due diligence. The wind blowing or an unplanned shift in your position might be ok.

Still...be careful. And...I may be wrong.

txinvestigator · #4

Its really pretty simple. An inadvertant display is not a violation.

Â§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.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is
a Class A misdemeanor, unless the offense is committed under

Â§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.

HighVelocity · #5

I know that legally it has to be proved that the chl holder intentionally failed to conceal BUT, even if it's an accidental flash, it's all about WHO saw it.
Say you're in a grocery store and you reach up on a high shelf to get a bag of chips. Your weapon is momentarily exposed and a young child sees it. The child then tells his mom that "that man" has "a gun".
The next thing you know you're being approached by a uniform. I don't want or need that kind of hassle in my day.

gigag04 · #6

HighVelocity wrote:I don't want or need that kind of hassle in my day.

+1

Shouldn't eat chips anyway. All the healthy stuff is low and easy to reach :)

HighVelocity · #7

gigag04 wrote:
HighVelocity wrote:I don't want or need that kind of hassle in my day.
+1

Shouldn't eat chips anyway. All the healthy stuff is low and easy to reach :)

Ok ok, let's say their Sun Chips.

txinvestigator · #8

HighVelocity wrote:I know that legally it has to be proved that the chl holder intentionally failed to conceal BUT, even if it's an accidental flash, it's all about WHO saw it.
Say you're in a grocery store and you reach up on a high shelf to get a bag of chips. Your weapon is momentarily exposed and a young child sees it. The child then tells his mom that "that man" has "a gun".
The next thing you know you're being approached by a uniform. I don't want or need that kind of hassle in my day.

Be that as it may, it was not a violation. Who saw the weapon is irrelevant.

jimlongley · #9

My bride and I entered a liquor store on a winday day some time back, and my concealment garment pulled a Marilyn Monroe. When we approached the counter to pay for our selections, the guy that was there engaged me in conversation about what I was carrying, what kind of holster, and a couple of other things.

I was very chagrined about being caught, but he reassured me, it turned out that he was a cop working part time in the store and he was in favor of CHL. He told me that I had done nothing intentional and he didn't know any cops on his force that would have questioned my inadvertant exposure.

Funny thing, he asked me if I had a CHL, but he never asked to see it.