TexasCHLforum.com

tallmike wrote:...we all need a little ego check once in a while... Its great that we have a place to come and learn from each other. =)

Amen to that!

AHA! Have at thee!

tallmike wrote: If you want to fight over words or to defend your pride then don't carry a gun...

This is the number one thing that my CHL instructor forced us to ask ourselves. He said that pride is the worst thing you can have when carrying a gun. You have a huge responsibility given to you by the state that says you are allowed to carry a gun almost everywhere. You must know how to behave while carrying it. You must attempt to de-escalate ANY confrontation that you ever encounter. In my opinion, the perfect de-escalation technique would be the one that our instructor taught us. He said that when somebody is in this type of mindset where they are hell bent on a fight, your best course of action is to throw them for a loop and let their brain try to work through it. This forces them to divert their attention away from anger and into real thought, which can normally dissolve the situation quickly.

I would have simply said that he looks cute and would have asked for his number. Then watch his face contort as he tries to figure out what just happened as I'm driving off in the opposite direction with the "I love you"/"Hook 'em horns" hand signal waving out my window. Can you imagine how the rest of his day would go? All day long he would be questioning his manhood and asking his buddies if he comes off a little gay. What a trip.

txinvestigator wrote:

kauboy wrote:Actually PC9.04 specifically says that actual presentation of a weapon is threat of deadly force to create apprehension that you will use deadly force if necessary. Saying that you have one is not considered a threat of force per this section.

or otherwise,

Sure enough!

Actually PC9.04 specifically says that actual presentation of a weapon is threat of deadly force to create apprehension that you will use deadly force if necessary. Saying that you have one is not considered a threat of force per this section.

Russell wrote:Ah there we go. Thank you.

Yeah, I would think that saying "you and your 9mm.." would be considered intentional failure to conceal your handgun. It is no longer concealed if the person knows its there.

Although to play devil's advocate then that would mean theoretically you could never tell any of your family members of friends that you carry, because then they would know it is there as well, and that would be failure to conceal.

What a conundrum

Your welcome, and yes you are correct. Telling anybody that you have a gun while in public is probably illegal, regardless of friend, family,... or foe. However, if you are at your home, or the home or private business of others who allow it, I don't think the law would apply.

Russell wrote:I cannot seem to find the PC that covers failure to conceal a handgun. Anybody know where it is? Even the "find" feature of adobe can't seem to locate it.

§ 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.

And its a Class A misdemeanor in most cases.

To clarify "concealed handgun" from the Government Code:
§ 411.171. DEFINITIONS. In this subchapter:
...
(3) "Concealed handgun" means a handgun, the presence
of which is not openly discernible to the ordinary observation of a
reasonable person.

nitrogen wrote:The reason I say that is, if someone walks up to your car and asks "WHAT ARE YOU GOING TO DO ABOUT IT" force is not an option, therefore, threat of deadly force isn't. If you just said that to the Sheriff, you could be screwed.

Your right. Force is not an option... yet, therefore threat of any kind of force is not an option. So you shouldn't make any reference whatsoever about a gun... EVER! Unless force is warranted, no threat of any kind should be made.

nitrogen wrote:Could advertising the presence of a handgun in a situation like that constitute threat of deadly force?

Most definitely! What else could it mean?
But the legal implications are still unclear. We are discussing this in another thread, but opinions are still sorted. There apparently hasn't been a case that has dealt with this specifically, so nobody is really sure.