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I have a qestion about failing to conceal. Let's say you are loading up your vehicle to go to the range and have already put your gun on. You are not planning on concealing it because you are going straight to the range. A LEO happens to drive by and sees you wearing a gun. Are you guilty of failing to conceal?

The duty to conceal applies only when you are carrying under the authority of your license; i.e. in a location where carrying a handgun without a CHL would be legal. If you are at home loading up, then you would not need a CHL to carry a handgun, so concealment isn't required. The reverse would also be true; i.e. you were loading up at the range to go home.

Chas.

Charles L. Cotton wrote:The duty to conceal applies only when you are carrying under the authority of your license; i.e. in a location where carrying a handgun without a CHL would be legal. If you are at home loading up, then you would not need a CHL to carry a handgun, so concealment isn't required. The reverse would also be true; i.e. you were loading up at the range to go home.

Chas.

Thanks Charles, now what if you are parked across the street and step off your property to get to your vehicle? Or in the case of apt dwellers where they will be off "their" property when they step outside their door?

...PC46.02(a)(2)...

It sounds as if you are saying you plan to open carry while driving to the range? The handgun should be concealed while you are driving on the public roads.

texastactical wrote:

Charles L. Cotton wrote:The duty to conceal applies only when you are carrying under the authority of your license; i.e. in a location where carrying a handgun without a CHL would be legal. If you are at home loading up, then you would not need a CHL to carry a handgun, so concealment isn't required. The reverse would also be true; i.e. you were loading up at the range to go home.

Chas.

Thanks Charles, now what if you are parked across the street and step off your property to get to your vehicle? Or in the case of apt dwellers where they will be off "their" property when they step outside their door?

My recommendation is to conceal, but it is a gray area. TPC §46.02 includes the phrase "or directly en route to a motor vehicle" so the Motorist Protection Act provisions could make carrying a handgun under that circumstance legal, thus a CHL wouldn't be required. That's one of those issues that can put a client on the cutting edge of the law -- where many bleed to death financially. That's why I say it's my recommendation to conceal.

Chas.

TPC §46.02 wrote:Sec. 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.

Thanks, as always it seems better to err on the side of caution. Thanks for taking the time to educate me.

Mike,
Thanks for the great job you are doing with Texas Tactical.

kjolly wrote:Mike,
Thanks for the great job you are doing with Texas Tactical.

Thanks Kjolly, I'd like to take all the credit but Texas Tactical's success is due to all the great people who have chosen to come out and shoot with us over the years. So thank you!

If a person has a CHL they are bound by the laws concerning CHL that do not apply to non-CHL holders as was posted before. A thoughtful LEO should understand but that cannot be relied on. Good advice is to conceal it.