Is this permissible in a classroom setting?

[thetexan]

I was thinking along the lines of gun related activities. You can take a gun to a sporting event where guns are used. I would think that an official training class for concealed handguns would qualify so that a gun could be displayed.

For example, during the class I might teach the proper way to holster a gun, different kinds of concealed carry methods, all of which might use the real gun in the demonstration. But, of course, that would require unconcealing the gun you came in with.

tex

[EEllis]

honestly I think you could argue it several ways and I can't imagine it ever coming up. If no instructor has ever had to defend the charge then all you would have to rely on would be an AG opinion. I can't even imagine worrying about it.

[MikeHoncho]

Didn't a bill just pass (effective September, 1st) that changed the restrictions on "intentionally display" to only "public property?" That would suggest that after Sept 1st you could OC on the hotels private property as long as it remains holstered and you posses a valid CHL. Am I correct?

[RottenApple]

Didn't a bill just pass (effective September, 1st) that changed the restrictions on "intentionally display" to only "public property?" That would suggest that after Sept 1st you could OC on the hotels private property as long as it remains holstered and you posses a valid CHL. Am I correct?

No. It changed from "failure to conceal" to "intentionally display".

[MikeHoncho]

Didn't a bill just pass (effective September, 1st) that changed the restrictions on "intentionally display" to only "public property?" That would suggest that after Sept 1st you could OC on the hotels private property as long as it remains holstered and you posses a valid CHL. Am I correct?

No. It changed from "failure to conceal" to "intentionally display".

Didn't that bill also clarify that it was only a crime on public property?

[RottenApple]

Didn't a bill just pass (effective September, 1st) that changed the restrictions on "intentionally display" to only "public property?" That would suggest that after Sept 1st you could OC on the hotels private property as long as it remains holstered and you posses a valid CHL. Am I correct?

No. It changed from "failure to conceal" to "intentionally display".

Didn't that bill also clarify that it was only a crime on public property?

No.

[MasterOfNone]

Didn't a bill just pass (effective September, 1st) that changed the restrictions on "intentionally display" to only "public property?" That would suggest that after Sept 1st you could OC on the hotels private property as long as it remains holstered and you posses a valid CHL. Am I correct?

No. It changed from "failure to conceal" to "intentionally display".

Didn't that bill also clarify that it was only a crime on public property?

No.

Actually, it states "in plain view of another person in a public place."

[RottenApple]

Actually, it states "in plain view of another person in a public place."

Good catch! I missed that one. So this would effectively allow OC on private property, even if you don't own it or it is not under your control. Assuming you have permission from someone who does own and/or control it. Cool!

SB299
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (h), Section 46.035, Penal
Code, are amended to read as follows:
(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 displays [fails to conceal] the handgun in plain
view of another person in a public place.

[Gunner4640]

This reminds me of a show I saw where a New Orleans PD office was giving a class and used his service weapon. He was talking about safety he had an A-D right there in the class. No one was hit . Should have had a blue training gun. This was on one of those cop shows.

[EEllis]

This reminds me of a show I saw where a New Orleans PD office was giving a class and used his service weapon. He was talking about safety he had an A-D right there in the class. No one was hit . Should have had a blue training gun. This was on one of those cop shows.

There is also one with a dea agent in a kids classroom who shot himself.

[GEM-Texas]

Use a blue gun, airsoft or a SIRT. Friend of mine took a CHL class and the instructor let loose a 45 ACP from a 1911 over the heads of the class.

[cb1000rider]

Good catch! I missed that one. So this would effectively allow OC on private property, even if you don't own it or it is not under your control. Assuming you have permission from someone who does own and/or control it. Cool!

I like what you're thinking, but I don't read it that way. If you're in the lobby of a hotel, you're on private property, right? Unfortunately, you can still be arrested for Public Intoxication in a hotel lobby.
Private property doesn't necessarily mean privately owned property, it simply means not "visible to the public".

What you've cited is a great change related to being charged with failure to conceal, but it's not going to do a thing for OC or being able to use a real gun as an instructor.

As I read OC laws in Texas, you can't even open carry on my property with my permission unless we're actively engaged in hunting, target shooting, or you've leased my property from me. If there is an exception for handgun education, I don't know what it is...

[RottenApple]

I like what you're thinking, but I don't read it that way. If you're in the lobby of a hotel, you're on private property, right? Unfortunately, you can still be arrested for Public Intoxication in a hotel lobby.
Private property doesn't necessarily mean privately owned property, it simply means not "visible to the public".

What you've cited is a great change related to being charged with failure to conceal, but it's not going to do a thing for OC or being able to use a real gun as an instructor.

As I read OC laws in Texas, you can't even open carry on my property with my permission unless we're actively engaged in hunting, target shooting, or you've leased my property from me. If there is an exception for handgun education, I don't know what it is...

A hotel lobby would still be a public place. But a backyard BBQ would not be. So you could come over to my house for dinner & OC w/ no issues.

[MasterOfNone]

I like what you're thinking, but I don't read it that way. If you're in the lobby of a hotel, you're on private property, right? Unfortunately, you can still be arrested for Public Intoxication in a hotel lobby.
Private property doesn't necessarily mean privately owned property, it simply means not "visible to the public".

What you've cited is a great change related to being charged with failure to conceal, but it's not going to do a thing for OC or being able to use a real gun as an instructor.

As I read OC laws in Texas, you can't even open carry on my property with my permission unless we're actively engaged in hunting, target shooting, or you've leased my property from me. If there is an exception for handgun education, I don't know what it is...

A hotel lobby would still be a public place. But a backyard BBQ would not be. So you could come over to my house for dinner & OC w/ no issues.

The wording still leaves this open to interpretation. Does "in plain view of another person in a public place" mean "in plain view of another person (while YOU are) in a public place" or "in plain view of another person (who is in) in a public place?" The latter would mean that if you can be seen from a public place, you're in violation.

[RottenApple]

The wording still leaves this open to interpretation. Does "in plain view of another person in a public place" mean "in plain view of another person (while YOU are) in a public place" or "in plain view of another person (who is in) in a public place?" The latter would mean that if you can be seen from a public place, you're in violation.

Interesting thought, but I don't see how the latter would fly. As I recall, Charles has said (paraphrased, of course) that the CHL laws grant CHL holders additional the "privilege" (which we all know should be a right) of carrying a concealed firearm in public, with certain limitations, but that those laws cannot/should not restrict us from doing what non-CHLs can do.

So if the latter (in your example) were the correct interpretation, then a CHL holder could not OC on their property if they could be seen from the street or other public place (no more OC while doing yard work). Yet a non-CHL would be able to freely.