Page 1 of 3

Is "failure to conceal" still a thing once open carry starts?

Posted: Thu Oct 15, 2015 7:53 pm
by brenlop
Open carry law says it has to be a shoulder or belt holster, so am I correct in assuming that accidentally showing your concealed gun in your IWB is still an offense?

As a separate question, if I am pocket carrying in my jeans and you are able to look down the pocket and see the top of the gun, is that insufficient to be "concealed"?

Same question, but if you're standing three feet away and can still see the top of the gun, but it's still 100% in the pocket, is that concealed?

If it my gun is not visible at all, but my jeans pocket has a big square shaped bulge, is that ok? Is it only "printing" if it's gun shaped?

My final question - does anyone know what the cost difference is for a non-resident versus resident CHL? I recently moved back to Texas (grew up here) and wasn't sure to just wait the 6 months or to go ahead with the non-resident license which has no residency time requirement. Is there any downside to the non-resident license if I live in Texas?

Thanks for any answers! Took my CHL class a month or so ago, looking forward to getting my license soon.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Thu Oct 15, 2015 8:06 pm
by brenlop
One more - Jan 1 you can open carry in your car, it doesn't have to be concealed. Does it still have to be in a holder on your belt or shoulder though? Or can it legally just be sitting in the passenger seat (bad idea obviously)?

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Thu Oct 15, 2015 8:16 pm
by mojo84
brenlop wrote:One more - Jan 1 you can open carry in your car, it doesn't have to be concealed. Does it still have to be in a holder on your belt or shoulder though? Or can it legally just be sitting in the passenger seat (bad idea obviously)?
It cannot be laying in the open in your car.

It is not and it will not be a problem to fail to conceal if your shirt accidently exposes it.

Being parttially exposed in your pocket is not what the law allows now or as of 1/1. However, I have carried a small gun in my back pocket and some could probably see a small piece of it and know it was a gun however, most ordinary people would not know what it was.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Thu Oct 15, 2015 9:50 pm
by Jago668
I don't think the law specifies that it has to be on the outside of your pants. So I don't see a problem with a visible IWB holster. I'm not a police officer, or district attorney either though.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Fri Oct 16, 2015 8:35 am
by CleverNickname
Failure to conceal will still be a thing if:
1. You're not carrying in a belt or shoulder holster.
2. You're carrying in a place where CCW is legal but open carry isn't (locations posted only with 30.07 and not 30.06, or colleges/universities after Aug 1).

If these don't apply then there's nothing saying you can't go back and forth between CCW and OC as you please.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Fri Oct 16, 2015 8:39 am
by Michael Scofield
Is IWB considered a belt holster?

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Fri Oct 16, 2015 8:54 am
by Jago668
Michael Scofield wrote:Is IWB considered a belt holster?
We've had a couple of multi-page topics on what is a belt holster. There are more opinions than there are styles of holsters it seems.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Fri Oct 16, 2015 8:57 am
by oljames3
Michael Scofield wrote:Is IWB considered a belt holster?
I am sure it is, but I am not a lawyer or law enforcement officer.

On 1/1/16, I will carry openly in an outside the waistband holster that obviously attaches to my belt. I had planned to carry IWB with my shirt tucked behind my pistol. However, while carrying openly in this manner in AZ this summer, I was asked by a non-local why I was not using a holster. Next year, concerns of this type in Texas could result in unsolicited contact with law enforcement. Until the populace and law enforcement become more accustomed to open carry, I'll reserve my IWB for concealed carry.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Sun Oct 18, 2015 7:19 am
by texasmr2
oljames3 wrote:Until the populace and law enforcement become more accustomed to open carry, I'll reserve my IWB for concealed carry.
You hit the nail on the head, it will take some time for law enforcement and the public to get used to seeing people open carry. Regarding the topic of discussion, I am former LEO and maintain a valid TX Peace Officers license, when I took "State & Federal Legal Updates" last year things had changed regarding concealment in TX. It was no longer illegal if a barrel is accidently exposed or if the side arm's profile/impression was visible.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Sun Oct 18, 2015 11:11 am
by K.Mooneyham
brenlop wrote:Open carry law says it has to be a shoulder or belt holster, so am I correct in assuming that accidentally showing your concealed gun in your IWB is still an offense?

As a separate question, if I am pocket carrying in my jeans and you are able to look down the pocket and see the top of the gun, is that insufficient to be "concealed"?

Same question, but if you're standing three feet away and can still see the top of the gun, but it's still 100% in the pocket, is that concealed?

If it my gun is not visible at all, but my jeans pocket has a big square shaped bulge, is that ok? Is it only "printing" if it's gun shaped?

My final question - does anyone know what the cost difference is for a non-resident versus resident CHL? I recently moved back to Texas (grew up here) and wasn't sure to just wait the 6 months or to go ahead with the non-resident license which has no residency time requirement. Is there any downside to the non-resident license if I live in Texas?

Thanks for any answers! Took my CHL class a month or so ago, looking forward to getting my license soon.
There is nothing in Texas Penal Code about "printing", just nothing. The law reads:

PC §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 displays the handgun in plain
view of another person in a public place.
That's it. Not one little bit about "printing". I'm unsure who told you that, or why they felt it necessary, but it's just not something you need to think about unless your clothing is so tight that someone could read the serial number on the gun through the cloth. :mrgreen:

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Sun Oct 18, 2015 12:15 pm
by dlh
K.Mooneyham wrote:
brenlop wrote:Open carry law says it has to be a shoulder or belt holster, so am I correct in assuming that accidentally showing your concealed gun in your IWB is still an offense?

As a separate question, if I am pocket carrying in my jeans and you are able to look down the pocket and see the top of the gun, is that insufficient to be "concealed"?

Same question, but if you're standing three feet away and can still see the top of the gun, but it's still 100% in the pocket, is that concealed?

If it my gun is not visible at all, but my jeans pocket has a big square shaped bulge, is that ok? Is it only "printing" if it's gun shaped?

My final question - does anyone know what the cost difference is for a non-resident versus resident CHL? I recently moved back to Texas (grew up here) and wasn't sure to just wait the 6 months or to go ahead with the non-resident license which has no residency time requirement. Is there any downside to the non-resident license if I live in Texas?

Thanks for any answers! Took my CHL class a month or so ago, looking forward to getting my license soon.
There is nothing in Texas Penal Code about "printing", just nothing. The law reads:

PC §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 displays the handgun in plain
view of another person in a public place.
That's it. Not one little bit about "printing". I'm unsure who told you that, or why they felt it necessary, but it's just not something you need to think about unless your clothing is so tight that someone could read the serial number on the gun through the cloth. :mrgreen:
:iagree:

dlh

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Sun Oct 18, 2015 1:48 pm
by jb2012
I'm a little confused. Aren't probably 99% of iwb holsters attached to your belt? I realize they are clipped vs a threaded owb holster, but that is just it! They are clipped!

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Mon Oct 19, 2015 1:39 pm
by WesTx
jb2012 wrote:I'm a little confused. Aren't probably 99% of iwb holsters attached to your belt? I realize they are clipped vs a threaded owb holster, but that is just it! They are clipped!
I carry IWB using sticky holsters like remora's sometimes. I wonder if unintentional flashing of the handle or what not (shirt raises up) if its in a hip holster not attached to a belt will be an issue.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Mon Oct 19, 2015 1:48 pm
by Pariah3j
WesTx wrote: I carry IWB using sticky holsters like remora's sometimes. I wonder if unintentional flashing of the handle or what not (shirt raises up) if its in a hip holster not attached to a belt will be an issue.
I believe unintentional display will still work the way it does now for CCW. So that wouldn't be an issue as long as it was unintentional.

Re: Is "failure to conceal" still a thing once open carry starts?

Posted: Mon Oct 19, 2015 2:59 pm
by jb2012
WesTx wrote:
jb2012 wrote:I'm a little confused. Aren't probably 99% of iwb holsters attached to your belt? I realize they are clipped vs a threaded owb holster, but that is just it! They are clipped!
I carry IWB using sticky holsters like remora's sometimes. I wonder if unintentional flashing of the handle or what not (shirt raises up) if its in a hip holster not attached to a belt will be an issue.
Ahh! I have never seen one of those!