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Commander
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#31

Post by Commander »

GC §411.171. DEFINITIONS. In this subchapter:
(1) "Action" means single action, revolver, or semi-automatic
action.
(2) "Chemically dependent person" means a person who
frequently or repeatedly becomes intoxicated by excessive indulgence
in alcohol or uses controlled substances or dangerous drugs so as to
acquire a fixed habit and an involuntary tendency to become intoxicated
or use those substances as often as the opportunity is
presented.
(3) "Concealed handgun" means a handgun, the presence of
which is not openly discernible to the ordinary observation of a reasonable
person
.
"Happiness is a warm gun" - The Beatles - 1969


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seamusTX
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#32

Post by seamusTX »

Please ponder this:
PC § 22.07. TERRORISTIC THREAT. (a) A person commits an
offense if he threatens to commit any offense involving violence to
any person or property with intent to:...
(2) place any person in fear of imminent serious
bodily injury;...
This is a class A or B misdemeanor, depending upon circumstances.

In my book, saying something like "I have a gun," "I am licensed to carry a gun," or "I am trained to shoot" would be an offense if it was in a situation like road rage, parking-lot rage, five-aces rage, or the like.

In non-confrontational situations, I would think statements of this sort were protected by the First Amendment.

- Jim
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Charles L. Cotton
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Re: Sgt Riddle

#33

Post by Charles L. Cotton »

S&W6946 wrote:Charles, I've known Sgt Star Riddle for sometime so I emailed her about what she told you in class. Here is her response to me:

. . . how did the man know our CHL holder had a gun?
This is a great example of what I meant by the instructors' attitude about the CHL program! "Our CHL" They are very proud of CHL's and very protective.

Chas.

fm2
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#34

Post by fm2 »

It's great to see the DPS instructors commited to the CHL program.

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longtooth
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#35

Post by longtooth »

Just back in town after a long drive. Answers & comments in the best order I can give them.
Kauboy the young lady was evidently not armed. Very liberal & liking the benefits that Kommiefornia offers. In discussion before the incident she told me she was an Islander from Guam. Been in Kfornia & just moved to Texas. I asked how she liked Texas & the reply was it was easier to get a job & could actually make more money because she could only get 6 hrs a day for 4 days a week in KF. She missed the free medicine & hospitals though. (I can hijack my own thread folks ;-) ). When she said, "In Kf you don't have to pay for meds." I said, maam you are wrong. That medicine has to be paid for & I am the one paying for it. She shrugged and said oH well. For sure she was not armed w/ out asking.

Houston1944 - yes sir, pay attention to surroundings was the main point & theme.

Grannyglock - I have been training to let the cell phone be the first reach for anything that there is some fore warning. I have been training Mom, Wife, & Daughter to "draw" you cell phone early. That is not an illegal threat of force & it does not take Perry Mason to figure out who the call will be made to. If first response of "No you are not my husband & if you need fill in the blank w/ anything he says he wants then go ask a man not a woman." If that does not get him to go away get the cell out. If he gets close use it then go to something louder if necessary.
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TC-TX
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#36

Post by TC-TX »

sparx wrote:I would actually think that "concealed" means "hidden" and not in open view, not necessarily "secret." We "conceal" a lot of our body parts with clothes, but everyone knows what those body parts are. I don't quite follow her logic with that definition.
I REALLY like the way you have put this sparx... :grin:
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TC-TX
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#37

Post by TC-TX »

TC-TX wrote:
sparx wrote:I would actually think that "concealed" means "hidden" and not in open view, not necessarily "secret." We "conceal" a lot of our body parts with clothes, but everyone knows what those body parts are. I don't quite follow her logic with that definition.
I REALLY like the way you have put this sparx... :grin:
NOW add the Key Phrase
"Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
I think that Finishes it Off for me... :smile:

A verbal tip of the hat does NOT violate either of these two conditions...

I am not suggesting anyone advertise, but I can see where a verbal nod will still allow total concealment...

YMMV, of course...
Semper Fi ~

Eagle Scout 1975
U.S.M.C. 1978-84
Commercial Pilot
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Venus Pax
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#38

Post by Venus Pax »

LT, I'm glad you were able to show her a glimpse of the responsible life. (When I say responsible life, I mean a life where one does not require the gov't to do everything.)
Thank you for spending time with her. Our actions speak louder than our words.
"If a man breaks in your house, he ain't there for iced tea." Mom & Dad.

The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.

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longtooth
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#39

Post by longtooth »

Thank you Maam. Hope she heard them.
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cjlandry
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Re: Sgt Riddle

#40

Post by cjlandry »

kw5kw wrote:
S&W6946 wrote:Charles, I've known Sgt Star Riddle for sometime so I emailed her about what she told you in class. Here is her response to me:

It was an opinion on my part when saying that if a person tells another that they are carrying a gun, it is no longer considered “concealed� because someone knows they have it. Case in point, recently a CHL holder followed a reckless driver to a convenience store. When the CHL holder got out of his car, he adjusted his shirt. When he approached the man he asked the man about his reckless driving. The man responded, “Why, do you have a gun?� Our CHL holder told him yes, he did. When the police arrived, the man told the officers that the CHL holder threatened him with his gun, at which time the officers arrested the CHL holder. How could he prove he did not threaten and how did the man know our CHL holder had a gun? That was the point I was trying to make. CHL holders should not be telling people they have a gun, this information could cause them some serious problems. The license was designed to have people carry to protect themselves or others, not to brag about the fact they have a gun…..understand my point?? At no time did I say it was unlawful to tell someone they are carrying……but, being “concealed� means no one knows you have it, right?[/i]


The CHL didn't tell him, he adjusted his shirt so the other person could 'see' it, then he asked the CHL why he had one...

The CHL in this instance was wrong, I agree.


In this instance, the syntax of the sentence is the key. Notice the comma. "Why, do you have a gun?" is not the same as "Why do you have a gun?" I'm no grammar expert, but I believe it would read more properly if it were punctuated differently. "Why? Do you have a gun?"

I believe that it's all in the context of the situation. In this case, the guy started out by following someone until he stopped, then he got out to confront the guy. This is definitely not a way to de-escalate a situation. In fact, it served to escalate it a little. Then it went further. The CHL guy seemed to be "playing cop".

In a different context, where a friend asks you if you're carrying, and you say "Yes", I don't believe you've failed to conceal.

It's obviously wrong to go up to someone and say, "I have a gun". This is nearly the same as brandishing, as it will probably be seen as a threat.

Just like the old stories about the guys who robbed banks by pointing their finger inside their jacket pockets. The teller doesn't know you don't have a gun, so she's just as afraid of your finger as she would be if you had a gun in the open in her face.

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#41

Post by Venus Pax »

I don't know if it is a required part of the CHL curriculum, but our instructor specifically went over ways to deescilate (sp?) situations. We do have an added responsibility to be better citizens when we're armed.
We all need our emotions under control.
"If a man breaks in your house, he ain't there for iced tea." Mom & Dad.

The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.

kw5kw
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#42

Post by kw5kw »

I think that it (telling, showing, &c.) is going to be eventually wrapped up in the context of the moment.

I also believe: Not any one interpretation is going to be correct for each and every situation.

If you wish to come to my property I will not press charges if you wish to uncover, after all someone has to file a complaint for the LEO’s to arrest.

In public, that might be (and is) a bit different.

In the heat of the moment the story about the CHL holder who was playing cop, well… he was clearly in the wrong and allowed the “Heat of the Moment� to overcome his better judgment. I just hope that this one “bad apple� didn’t ruin it for the rest of us.

The Context of the moment is what will eventually determine the proper procedures (and conduct) of/for/at the moment; nothing more, nothing less.
Russ
kw5kw

Retired DPS Communications Operator PCO III January 2014.

Rich
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#43

Post by Rich »

Venus Pax wrote:I don't know if it is a required part of the CHL curriculum, but our instructor specifically went over ways to deescilate (sp?) situations. We do have an added responsibility to be better citizens when we're armed.
We all need our emotions under control.
Good point.
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