TexasCHLforum.com

AustinBoy wrote:I am still unclear about the law on this one.

If the topic comes up and I feel comfortable, can I show someone my carry weapon?

Scenario:
I went to a local coin store the other day. I have been there several times and the young guys that work there are really nice.

One guy was open carry and the other was wearing the infamous vest as well as a shotgun leaning against the wall.

I was the only customer in the store.

IF the topic had come up and I felt comfortable verbally disclosing that I am carrying (is that legal?) and he has asked to see my carry weapon, could I have legally pulled it out to show him?

This is a question about the law, not what to do. I have never disclosed verbally or physically that I am carrying other than to my wife.
I really cant imagine that I ever would. Concealed is concealed.

Thanks
AB

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 or watercraft 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 or watercraft 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 or boating;

(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.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(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.

RHenriksen wrote:Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

The Annoyed Man wrote:

RHenriksen wrote:Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

The only place I've ever done that was at Euless guns & Ammo, and I was in the back in the gunsmith shop, and it was just me and the gunsmith in the room at the time. So while it wasn't on my property, it was definitely in private. I am not convinced that this would be anymore illegal than if you were in the privacy of someone else's home and it was with their consent.

C-dub wrote:

The Annoyed Man wrote:

RHenriksen wrote:Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

The only place I've ever done that was at Euless guns & Ammo, and I was in the back in the gunsmith shop, and it was just me and the gunsmith in the room at the time. So while it wasn't on my property, it was definitely in private. I am not convinced that this would be anymore illegal than if you were in the privacy of someone else's home and it was with their consent.

I remember this thread from a couple years ago. viewtopic.php?f=7&t=38771&hilit=unconce ... erson+home" onclick="window.open(this.href);return false;

I didn't read through all of it again, but think the conclusion was that intentionally unconcealing anywhere but our own home or at the direction of an officer or when NEEDED was illegal. I think Charles or Steven weighed in there somewhere and might have agreed, but admitted that prosecution was unlikely due to the unlikely possibility of an actual complaint being made and or the police even being called.

The Annoyed Man wrote:

C-dub wrote:

The Annoyed Man wrote:

RHenriksen wrote:Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

The only place I've ever done that was at Euless guns & Ammo, and I was in the back in the gunsmith shop, and it was just me and the gunsmith in the room at the time. So while it wasn't on my property, it was definitely in private. I am not convinced that this would be anymore illegal than if you were in the privacy of someone else's home and it was with their consent.

I remember this thread from a couple years ago. viewtopic.php?f=7&t=38771&hilit=unconce ... erson+home" onclick="window.open(this.href);return false;

I didn't read through all of it again, but think the conclusion was that intentionally unconcealing anywhere but our own home or at the direction of an officer or when NEEDED was illegal. I think Charles or Steven weighed in there somewhere and might have agreed, but admitted that prosecution was unlikely due to the unlikely possibility of an actual complaint being made and or the police even being called.

I guess that could be true, but like you said, who's gonna call the cops with a complaint?

could I have legally pulled it out to show him?

This is a question about the law, not what to do.

Charles L. Cotton wrote:
viewtopic.php?f=7&t=38771&hilit=unconce ... 30#p463482" onclick="window.open(this.href);return false;
Stephen is absolutely correct.

No person can give you permission to violate a Penal Code provision, so your friend cannot give you permission to violate TPC §46.035(a) and intentionally fail to conceal your handgun.

When you are in your friend's home, you are carrying pursuant to the authority of your CHL so TPC §46.035(a) applies. Your friend does not transfer control of his home to you merely by granting permission to enter with a gun, or to use the restroom, or to get a drink of water. Sorry, this isn't the least bit ambiguous and the courts would reject that argument summarily. At most, your friend would be "granting" you control over your own firearm, not his home.

As Stephen said, the OP's scenario is one in which a violation of TPC §46.035(a) would occur (intentional failure to conceal), but there is little chance of prosecution because there would be no complaining witness. Let's extend this hypothetical and say your friend's mother in law is Sarah Brady and she comes in and sees you handling your handgun. She panics and calls the police. It won't help for your friend to tell the police "it's okay, I said he could show his handgun" anymore than he could tell them "I gave him permission to bring his cocaine into my home." No one can give another person permission to violate the law.

Chas.

The Annoyed Man wrote:I guess that could be true, but like you said, who's gonna call the cops with a complaint?