TexasCHLforum.com

I have a CHL and carry as often as I can but I find it very difficult to carry comfortably in the summer. My question is ; is it true that I can be arrested if while carrying, a gust of wind exposes my handgun for a second? If so, is there any chance that legislation this year could fix this loophole.I am not advocating total open carry but it sure would be nice it to know I could still carry concealed but not go to jail if my weapon becomes exposed for a split second. Comments please!
Thanks, Sherlock7

sherlock7 wrote:I have a CHL and carry as often as I can but I find it very difficult to carry comfortably in the summer. My question is ; is it true that I can be arrested if while carrying, a gust of wind exposes my handgun for a second? If so, is there any chance that legislation this year could fix this loophole.I am not advocating total open carry but it sure would be nice it to know I could still carry concealed but not go to jail if my weapon becomes exposed for a split second. Comments please!
Thanks, Sherlock7

No you cannot. The key word is "intentional", which would be difficult at best to prove.

I do advocate fully legalized open carry. I'm one of them really radical libertarian types


Re: Summer carry. First, you need a good holster. I'm a Comp-tac shill. I carry a full sized 1911 most of the time. And you need a good belt. Personally, I use the 5.11 trainer's belt because its got more flex than the heavy leather belts.
I've concealed my 1911 under a long tank top.

I say NO but waiting for one of the members that copy the sections from the law code is always best. Good luck.

Your chances of exposing your gun during a gust of wind can be
diminished by wearing the appropriate cover garment.

During the warm summer months, a T-shirt with appropriate length and
a little volume will adequately cover your gun whether you use an IWB or
OWB holster. If your shirts don't fit this critieria, it's time to go shopping.

Welcome aboard.

By the way, what gun(s) do you own, and what will you be carrying?

SIA

surprise_i'm_armed wrote:Your chances of exposing your gun during a gust of wind can be diminished by wearing the appropriate cover garment.

During the warm summer months, a T-shirt with appropriate length and
a little volume will adequately cover your gun whether you use an IWB or
OWB holster. If your shirts don't fit this critieria, it's time to go shopping.
SIA

I don't know about SIA or the OP, but we welcome a gust of wind during the Houston summers.

Sia,I own several hand guns, but favor Glocks with model 26 as a good carry weapon.

sherlock7 wrote:Sia,I own several hand guns, but favor Glocks with model 26 as a good carry weapon.

Glocks, you say?

That's OK, I won't hold that against you. :-)

SIA

I hate to be the naysayer, but YES, you can be arrested.
Getting convicted is the issue. You most likely will not be convicted unless they can prove you did not conceal your weapon 'on-purpose'.

Like others before have said, it would be hard for the wind to blow your shirt up, and if it is blowing that hard, others are probably going to be too busy watching the house fall on the witch.

Teamless wrote:I hate to be the naysayer, but YES, you can be arrested.
Getting convicted is the issue. You most likely will not be convicted unless they can prove you did not conceal your weapon 'on-purpose'.

"Sec. 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."

http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

Texas Penal Code Sec. 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.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person: List of places, exceptions, defenses etc etc etc at link above

read the rest at above link

According to the letter of the law, a weapon exposed briefly by a gust of wind does not constitute intentional failure to conceal; however if Suzi Q. Soccermom sees it and freaks out, calls 911 to report a "man with a gun", things could get a little exciting. This happened to a member of this forum, and he didn't have a pleasant experience. He "beat the rap, but not the ride".

Ask handog: viewtopic.php?f=7&t=31719&p=369317" onclick="window.open(this.href);return false;

I know a friend of mine who carry's a concealed weapons badge next to his handgun on his belt just for that reason. If his weapon becomes exposed, his badge also comes into view; and hopefully miss Sally home maker doesn't get all upset and calls the police. ( the badge is imprinted with the words, concealed handgun permit or weapon and comes in gold or silver ) Not a bad idea!

I know the ordeal that handog went through was traumatic. However, in some cities they still have laws that can haveyou arreasted for spitting on the sidewalk.

sherlock7 wrote:I know a friend of mine who carry's a concealed weapons badge next to his handgun on his belt just for that reason. If his weapon becomes exposed, his badge also comes into view; and hopefully miss Sally home maker doesn't get all upset and calls the police. ( the badge is imprinted with the words, concealed handgun permit or weapon and comes in gold or silver ) Not a bad idea!

I know you are new to the forum, but you may want to search for concealed and badge in the forum and see why it is not really that great an idea. There are some major down sides to theose badges.

Her;'s one thread to start you out http://texaschlforum.com/viewtopic.php?f=7&t=41933" onclick="window.open(this.href);return false;