Assuming you have a LTC on January 1, 2016 (a current CHL on January 1, 2016) you may carry concealed or open with the same license. What differentiates between the two is the manner of carry and the holster. You may carry concealed on you body in any fashion as long as it is not intentionally displayed. To do otherwise requires two things...1) that January 1, 2016 has arrived and 2) the displayed gun is secure in a belt or shoulder holster.Lauren3323 wrote:Sorry if this is the wrong place to post, I couldn't find a more specific open carry discussion and I'm not very familiar with the search boolean operators. (1) I'm wondering if on 1 Jan 16 when open carry becomes legal if that means I can be a little more "lax" with my concealment. I don't plan to carry openly often if at all, but as a female concealment is sometimes difficult due to the fit of my clothing. Will open carry excuse complete concealment? (2) Meaning will it be ok if the gun is printing or if I need to adjust to a more comfortable position thus briefly exposing the gun? I would like to wear jeans with a t-shirt covering the gun but I'm very skinny so this doesn't work very well under the current concealment requirements. (3) Does it either have to be completely open or completely concealed or will something halfway be excusable when open carry starts? Thanks in advance!
(PC 46.035a. "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 the handgun in plain view of another person in a public place."
This rule has 5 elements all of which must be violated to commit the offense.
1. It must be a handgun (defined in the statutes) carried under the authority of Subchapter H, Chapter 411 (the CHL license authority)
2. It must be on or about the license holder's person
3. It must be intentionally displayed. Intentional is a specific degree of culpability defined in statute
4. That display must be in plain view of another person
5. That display must be in a public place
You may carry openly provided you carry the gun in a belt or shoulder holster. The CHL license authorizes you to carry concealed according to all the appropriate concealed carry rules and the same license authorizes you to carry openly according to all of the open carry rules.
To answer you questions, and assuming you will have a unexpired CHL (LTC) on 1/1/16...
1. Yes, you may be as lax as you want to be provided that while that gun is displayed you are complying with the open carry statutes, those being that the gun is in a belt or shoulder holster. You still may not display the gun in a ankle holster. If you carry in any way other than a belt or shoulder holster 46.035a kicks in and you are ruled by that statute.
2. Printing is a non-issue and really has been since the definition of display was clarified. The definition of a concealed handgun applies to the usage of the term "concealed handgun". It does not apply the offense of displaying a gun. I believe you could wear a tight fitting shirt that clearly outlines the gun that has printed on it an arrow pointing to your right hip that says "concealed gun here" and you would not be violating any statute I can find. Any inadvertent display of the gun is perfectly acceptable as long as while it is displayed it is secure in a belt or shoulder holster.
3. It does not have to be one or the other. You can wear a loose fitting shirt that is flapping in the breeze as long as...let me reiterate...
DURING THE TIME IT IS DISPLAYED IT IS SECURE IN A BELT OR SHOULDER HOLSTER.
Hope this helps
tex