What to do if you are "made"?

[Oldgringo]

There's an old Chinese adage the comes to mind, "When in danger or doubt; run in circles, scream and shout". That's one approach.

Another approach might be to remain cool as if all is as it should be. No explanation is required, you're just doing your job. This second approach assumes that you have the appearance, bearing and manner of one who could be authorized to carry a gun.

If you don't have the appearance, bearing and manner of one who could be authorized to carry a gun, see first approach above.

[Hoosier Daddy]

Attitude and demeanor is a big part of it. So far, covering it back up and going back to what I was doing has been 100% effective. If necessary, use the tools from the nonviolent conflict resolution part of your CHL class to defuse the situation.

P.S. Those ancient Chinese were pretty good at rhyming in English.

[wharvey]

Been an interesting discussion and something everyone new to concealed carry thinks about. Most newbe's get made by continuously checking their clothing, pulling down their cover garment, and . . .. In other words acting like you are trying to hide something. Something to keep in mind is that the average John Q. Public is very non-observant. Just takes some getting use to. I've been carrying since 97 and live in a state that my license allows me to carry openly if I wish. Still have a bit of a problem in switching from summer mode - carrying a 38 in a pocket holster, to winter mode - carrying a 9mm in a belt holster.

If made, unlike some of the responses given, I wouldn't apologize. Instead I'd say something like, "Oh, thank you so much. I didn't realize it was showing. Thanks again and have a great day." It indicates that first, you are not doing anything wrong, and secondly - most people are thrown off balance by a stranger thanking them for basically doing nothing. Just my thoughts.

BTW, might wonder why an out of stater is on the forum. Plan to move back to Texas in a few months. As my wife says, going home.

Bill Harvey

[Teamless]

As my wife says, going home.

Welcome back to Texas :) (soon anyway)

[2crazy2carry]

I got my handgun that i intend to CCW on Nov 12th. Over the weekend I have been exercising the castle doctrine and I carry the gun to the car and then back inside my home. I dont ccw in public i just carry it in the car.

Saturday I get back to the apartment with the fiancee and i am carrying the gun IWB at 4 oclock to take it back inside with me. As I am getting the baby and carseat out of the car his shoe falls to the ground. Without thinking aobut it I reach down to pick it up.

A sudden shot of adrenaline hits me as I realize what i had just done. At my 4 oclock was a man about 15 feet away, smoking a cig who had been watching our exodus from the vehical. I reach up to my waist to find both my shirt and jacket had come up and caught on the hilt of the gun and it was fully exposed to the observer.

In a quick manner but still trying to be casual, I correct the wardrobe malfunction. I then, with i am sure the guiltiest most stupidest face, looked over to the smoker to see if he noticed and sure enough he was staring right at me. His facial expression was almost a shocked and confused look.

I had been made. Without thinking about it I gave him a nod and said "how ya doin' ". I just nodded back reflexively and said "hey" in a very quite tone.

Then I just got my stuff together and quickly headed into the apartment building.

So I guess I would say to always, at the very least, act normal. If you act stupid, well....you have a gun and your acting stupid and that scares ppl.

[jamisjockey]

I got my handgun that i intend to CCW on Nov 12th. Over the weekend I have been exercising the castle doctrine and I carry the gun to the car and then back inside my home. I dont ccw in public i just carry it in the car.
.

FYI, you're getting your laws mixed up.

Car carry falls under the Motorist Protection Act, or the "travelling" clause as it used to be called.
TPC 46.02
Car carry doesn't actually give you authorization to defend yourself, it just defines how you can legally carry a handgun.

Castle doctrine is the actual defenses to using force and deadly force for self defense, defense of property, and protection of others.
This is mostly covered under the provisions of TPC 9.01 to TPC 9.63
This is where you find the legal authorizations to defend yourself.

Picking nits, I know, but understanding the laws is the best way to stay on the right side of them.

In a quick manner but still trying to be casual, I correct the wardrobe malfunction. I then, with i am sure the guiltiest most stupidest face, looked over to the smoker to see if he noticed and sure enough he was staring right at me. His facial expression was almost a shocked and confused look.

Meh. It's Texas. He shouldn't have been surprised.

[Divided Attention]

Well, I am thankful for this board once again! Y'all have been a wealth of information (and entertainment), and today the wisdom from this very thread came home.

I was standing and chatting with some other moms and an instructor waiting for my daughter to finish untacking the horse she had her lesson on when the strangest sensation occured down my leg.... Like some small creature was running down my leg then a funny little sound on the concrete below. I looked down and saw the "purdiest little boolit" (shiny cartridge) laying on the ground next to my foot. I put my foot on it and still listening while the other 2 moms were engaged in their part of the conversations leaned down and scooped up my little friend and dropped it in my jacket pocket. As I stood up I had another odd sensation of something bigger sliding down my derriere and realized the magazine had gone all the way thru my belly band. I reached into my "pocket" under my jacket and pushed the magazine up to my waistband where it would stay until I got to the darker section of the barn and there I could grab it and put it in my pocket. None of the other folks around ever batted an eye, and even my daughter noticed nothing unusual.

My husband found it quite humerous. I will be placing a stitch at the bottom of the little magazine slots on my belly band, because I really do like the belly band for my little 238.

[Droshi]

I got my handgun that i intend to CCW on Nov 12th. Over the weekend I have been exercising the castle doctrine and I carry the gun to the car and then back inside my home. I dont ccw in public i just carry it in the car.
.

FYI, you're getting your laws mixed up.

Car carry falls under the Motorist Protection Act, or the "travelling" clause as it used to be called.
TPC 46.02
Car carry doesn't actually give you authorization to defend yourself, it just defines how you can legally carry a handgun.

Castle doctrine is the actual defenses to using force and deadly force for self defense, defense of property, and protection of others.
This is mostly covered under the provisions of TPC 9.01 to TPC 9.63
This is where you find the legal authorizations to defend yourself.

Picking nits, I know, but understanding the laws is the best way to stay on the right side of them.

In a quick manner but still trying to be casual, I correct the wardrobe malfunction. I then, with i am sure the guiltiest most stupidest face, looked over to the smoker to see if he noticed and sure enough he was staring right at me. His facial expression was almost a shocked and confused look.

Meh. It's Texas. He shouldn't have been surprised.

Not that CHL instructors always have the best information, but I just finished the class and was told that the castle doctrine specifically stated you may have a weapon in your car, loaded and must be concealed (but other than that can be anywhere). The "travelling" clause was never really defined at all to my knowledge, and left a lot of room for interpretation, so local counties came up with their own definitions of "travelling." This was all corrected by the Castle Doctrine which now says only in the car, not walking or anything else. It was also explained that you may transport the weapon from your car to your home, but being caught not in a direct route to your car might be hard to defend (i.e. getting the mail "oh I was going to my house/car" supposedly won't fly). Again...this was how it was explained, so apologies if it's wrong. Anyone have a link to a citation to find out for sure? TBH I don't really know where to go to look up the laws or search them in an easy way instead of asking here...any ideas? :)

One problem as well is reading only specific sections of law, when so many parts work together. I guess this is why lawyers get paid the big bucks!

[The Annoyed Man]

What to do if you are "made"?

In some places, that entitles you to a pinkie ring. So go buy one.

[jamisjockey]

Your instructor was wrong. Travelling was clarified by the Motorist Protection Act, and how you can defend yourself was clarified and redefined by Castle Doctrine. Both were part of the 2007 legislative year.

MPA was House Bill 1815
http://www.capitol.state.tx.us/BillLook ... ill=HB1815" onclick="window.open(this.href);return false;
MPA text as the bill was enrolled
http://www.capitol.state.tx.us/tlodocs/ ... navpanes=0" onclick="window.open(this.href);return false;
Texas Castle doctrine, senate bill 378
http://www.capitol.state.tx.us/BillLook ... Bill=SB378" onclick="window.open(this.href);return false;
Text, as enrolled
http://www.capitol.state.tx.us/tlodocs/ ... navpanes=0" onclick="window.open(this.href);return false;

DPS has a good little CHL handbook online that has most of the pertienant laws in it.
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;
Its worth studying deeply.

After reading your post, I think this is the exact passage you're looking for:

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly carries
on or about his or her person a handgun, illegal knife, or club if the
person is not:(1) on the person's own premises or premises under the person's
control; or(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01.
(a-2) For purposes of this section, "premises" includes real property
and a recreational vehicle that is being used as living quarters, regardless
of whether that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed or issued a permit by
this state for the sale of alcoholic beverages.

You could still think of it as travelling, but travelling was removed from the text of the law.

Its still picking nits, I know. But having a good clear understanding of the actual law and justifications of it sure makes staying out of trouble a whole heap easier. When you throw in carrying a firearm, a whole bunch of new possible penalties arises.

[2crazy2carry]

Hey i thank you for the clarification James J.

Honestly I was aware of both laws you cited. When I spoke in terms of Castle and going back in forth from the car I was speaking directly to the clarifications that had been made in 2007 about the right to go back an forth from your car and residence with your weapon.

I think we are both on the same page just going at it from different perspectives. The discussion is healthy though. It gets us thinking about the law and keeps it fresh in our minds. We are armed citizens. We have a duty to abide and uphold the law.

@ Divided attention - ROFL. Sounds like you did the Hoky Poky Pistol trying to stay in deep cover. Guess its better than the whole gun falling out and saying hello!!

[ex_dsmr]

/SNIP Over the weekend I have been exercising the castle doctrine and I carry the gun to the car and then back inside my home. I dont ccw in public i just carry it in the car.

Saturday I get back to the apartment with the fiancee and i am carrying the gun IWB at 4 oclock to take it back inside with me./SNIP


/SNIP Then I just got my stuff together and quickly headed into the apartment building. /SNIP

Im sure there will be plenty of people here correct me if im wrong but since the area between your car and your apartment front door is not considered to be your private property I dare say that you have been illegally CC'ing. This very thing came up in our discussion on what did and did not constitute "private property" and "under your control" in my class. Since you do not/can not own the "commons" area it is considered "public".

Now, the argument could be made "well, im carrying it to/from my car" but (IANAL) Youd probably have a hard time convincing LE or a prosecutor when your carrying in in a manner consistant with CC (in other words, in a concealed holster). Its up to you, but id seriously consider using a hard case, pistol rug, or any other number of off-body options to transport that firearm to and from your vehicle.

Id just hate to see you possibly lose your right to CC or even own a firearm on a technicality.

[sjfcontrol]

/SNIP Over the weekend I have been exercising the castle doctrine and I carry the gun to the car and then back inside my home. I dont ccw in public i just carry it in the car.

Saturday I get back to the apartment with the fiancee and i am carrying the gun IWB at 4 oclock to take it back inside with me./SNIP


/SNIP Then I just got my stuff together and quickly headed into the apartment building. /SNIP

Im sure there will be plenty of people here correct me if im wrong but since the area between your car and your apartment front door is not considered to be your private property I dare say that you have been illegally CC'ing. This very thing came up in our discussion on what did and did not constitute "private property" and "under your control" in my class. Since you do not/can not own the "commons" area it is considered "public".

Now, the argument could be made "well, im carrying it to/from my car" but (IANAL) Youd probably have a hard time convincing LE or a prosecutor when your carrying in in a manner consistant with CC (in other words, in a concealed holster). Its up to you, but id seriously consider using a hard case, pistol rug, or any other number of off-body options to transport that firearm to and from your vehicle.

Id just hate to see you possibly lose your right to CC or even own a firearm on a technicality.

PC46.02 says: "A person commits an offense if ... carries on or about his or her person a handgun... if the person is not: (1) on the person's own premises... or (2) inside of or directly en route to a motor vehicle..."

It doesn't matter if the handgun is carried on the body (on his person), or in a container (about his person). It also doesn't matter if the gun is loaded or not. Texas law does not differentiate between a loaded and unloaded firearm.

[jamisjockey]

/SNIP Over the weekend I have been exercising the castle doctrine and I carry the gun to the car and then back inside my home. I dont ccw in public i just carry it in the car.

Saturday I get back to the apartment with the fiancee and i am carrying the gun IWB at 4 oclock to take it back inside with me./SNIP


/SNIP Then I just got my stuff together and quickly headed into the apartment building. /SNIP

Im sure there will be plenty of people here correct me if im wrong but since the area between your car and your apartment front door is not considered to be your private property I dare say that you have been illegally CC'ing. This very thing came up in our discussion on what did and did not constitute "private property" and "under your control" in my class. Since you do not/can not own the "commons" area it is considered "public".

Now, the argument could be made "well, im carrying it to/from my car" but (IANAL) Youd probably have a hard time convincing LE or a prosecutor when your carrying in in a manner consistant with CC (in other words, in a concealed holster). Its up to you, but id seriously consider using a hard case, pistol rug, or any other number of off-body options to transport that firearm to and from your vehicle.

Id just hate to see you possibly lose your right to CC or even own a firearm on a technicality.

Nope. Wrong. If he is going directly enroute from his home to his vehicle, he is in compliance with TPC 46.02, and a LEO would have a hard time making a case stick for concealing his firearm as described.

[2crazy2carry]

I would truely wonder how I have a right to carry a weapon in my car when I travel but I cannot legally get the gun to my car? What about when I go to the range to shoot?

The law allows me to carry my firearms to my car and back to my home, license or no. Now go anywhere else and... I get the idea. I am honestly a law abiding citizen and I take pride in exercising my rights. One of the reasons I live in this great state is they allow us the right to be prepared and ready to protect and defend ourselves and our families in bad situations. So I made sure to always leave the item in the car when out and about. I would put it in the center console immediately, every time i sat in the car. I would only put it in my IWB when transporting it due to I live in a very urban city apartments style area and carrying a gun even legally in a hard case brings up alarm. So I just avoid the gawking looks by politely carrying in a way that does not bring up alarm. LOL. Usually, wardrobe malfunctions aside.

Anyways I am happy to report that I now have plastic in hand so regardless of how you view my legal status of before I am 100% legal now, 30.06 and 51% aside.