evil_smurf wrote:Chas:
huh? "At no time did I say that telling someone you are carrying" does sound an awful lot like saying verbal disclosure IS legal. I can say that my instructor deffinetly made it clear that verbal disclosure is legal, such as BG threatens you, you threaten him back.
So what is the actual correct answer to this? Can I or can I not tell someone I am carrying a concealed handgun?
Merely noting that you didn't state that an act was illegal is not tantamount to saying it is legal. We have all been in a situation where we reported to have held a particular opinion, and responded “I didn’t say that� only to have someone say, “then you must believe the opposit.� It may well be that Sgt. Riddle does not know or have an opinion whether verbal disclosure is legal or not. That's certainly the position I'm in. I have a personal opinion, but if asked as an attorney I'd have to honestly "I don't know." As a DPS Sgt. and a driving force behind the CHL program, she may feel the same way, then again she may not.
Based upon Sgt. Riddle's email to S&W, I may well have read more into her answer to the gentleman's question than was warranted. Her response did not include the explanation and example included in her email so we didn't have the benefit of that additional information. All we had in class was a question as to whether it was illegal to tell someone you have a handgun and the response was "if you tell, then it's no longer concealed," or words substantially similar. I believe it was reasonable to conclude from that exchange that verbal disclosure constitutes an intentional failure to conceal, though it not appears that conclusion was in error.
I regret even mentioning Sgt. Riddle's answer to a specific question. It has led to a clarification as well as attempts to dissect her meaning beyond the face value of her statement. This is unfair to her and it's entirely my fault for getting it started.
I've already stated it is my opinion that verbal disclosure isn't illegal, but many others disagree, including former Rep. Ron Wilson, a co-author of the House version of SB60. But let me pose this scenario: If verbal disclosure that you have a handgun does not constitute a voluntary failure to disclose, then I can walk down the street saying to everyone I pass, "excuse me sir/madam, I have a handgun under my coat." Sure, this is an extreme example, but where is the line drawn between a store clerk answering a perfect stranger's question as to whether she has a gun, and my hypothetical of politely telling everyone you meet that you have a gun?
As to verbal disclosure in response to a threat from another person, that is a special circumstance that delves into the threat of force under TPC. §9.04 and is not a casual disclosure.
Again, I offer my apologies for unfairly dragging Sgt. Riddle's name into this discussion. I have too much respect for her and the work she does to have put her in this position.
Regards,
Chas.
P.S. Sgt. Riddle's example of the CHL being arrested after having responded "yes" to a question as to whether he had a gun is excellent!
