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by Keith B
Mon Feb 15, 2016 2:43 pm
Forum: General Texas CHL Discussion
Topic: Hand on open carried gun
Replies: 65
Views: 12012

Re: Hand on open carried gun

OK, so I started this by saying to the OP you should use caution by doing what someone said was 'just going from concealed to open carry' to deter someone from approaching you. Let me restate my view.

If there is no threat, and you are not trying to 'flash' your handgun at someone to deter them, then just removing your cover is not illegal and should not be a problem in a non-30.07 environment.

If you are going from concealed to displaying your firearm in an attempt to deter someone from approaching, then you must be in a situation where the use of force would be justified. While Texas does not have a 'brandishing' law, the disorderly conduct charge could be brought if there was really not justification for use of force in displaying your weapon in deterring an approaching person.

So, yes, we have the right to use this method to use stop someone who you really feel is a threat, but you must be very careful that it is not someone who maybe really wasn't a threat and decides they are going to call 911 and report a person who threatened them with a gun and gives them your license plate number.

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