Does accidental exposure when carrying concealed still even apply with the open carry law?

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RichardDad
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Does accidental exposure when carrying concealed still even apply with the open carry law?

#1

Post by RichardDad »

Does accidental exposure when carrying concealed still even apply with the open carry law?
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Pariah3j
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

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Post by Pariah3j »

My understanding is it wouldn't unless it was a 30.07 location.
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CleverNickname
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#3

Post by CleverNickname »

Accidental exposure is not a crime right now.

There will not be any legal restriction on changing from concealed to open carry, or vice versa, as long as the person is someplace where both open carry and concealed carry are both legal, and the gun is in a belt or shoulder holster.
Last edited by CleverNickname on Thu Dec 31, 2015 12:02 pm, edited 1 time in total.
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mojo84
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

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Post by mojo84 »

It hasn't been a problem and it will not be going forward.
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Beiruty
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#5

Post by Beiruty »

1) "Failure to conceal" was no more since September 2013.
2) Open Carry, Partial Carry or Concealed carry are legal in 13 hrs.
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casp625
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#6

Post by casp625 »

I would say if you are pocket carrying or ankle carrying then you might have a potential issue with this...
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mojo84
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#7

Post by mojo84 »

casp625 wrote:I would say if you are pocket carrying or ankle carrying then you might have a potential issue with this...
Not if it is truly accidental exposure. Intentionally exposing it would be a problem.
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casp625
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#8

Post by casp625 »

mojo84 wrote:
casp625 wrote:I would say if you are pocket carrying or ankle carrying then you might have a potential issue with this...
Not if it is truly accidental exposure. Intentionally exposing it would be a problem.
Like pocket carrying a full size and having the grips exposed :biggrinjester:

amaly23
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#9

Post by amaly23 »

Accidental exposure isn't a crime. Only intentional exposure of the gun, without carrying it in a holster is a crime.

camjr
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#10

Post by camjr »

Just put a big Ruger Redhawk in a shoulder holster and cram it in your pants pocket. I don't think I've seen that the shoulder holster has to be actually worn on the shoulder. That is, unless the law says "properly worn" or some legaleze like that... :biggrinjester:
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Embalmo
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#11

Post by Embalmo »

I'm thinking that accidental exposure won't cause the panic it once did as people get accustomed to seeing non-LE open carrying. I'm looking forward to reaching up with my right arm without holding down my shirt with my left.

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wrinkles
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#12

Post by wrinkles »

Beiruty wrote:1) "Failure to conceal" was no more since September 2013.
2) Open Carry, Partial Carry or Concealed carry are legal in 13 hrs.
I guess this would cover printing? I have a few shirts that I can't wear owb because of printing.
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oljames3
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#13

Post by oljames3 »

wrinkles wrote:
Beiruty wrote:1) "Failure to conceal" was no more since September 2013.
2) Open Carry, Partial Carry or Concealed carry are legal in 13 hrs.
I guess this would cover printing? I have a few shirts that I can't wear owb because of printing.
Texas law says:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

Text of subsection effective until January 01, 2016

(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.
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

With apologies to Yoda, you can intentionally display or not intentionally display. There is no printing.
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thetexan
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Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

#14

Post by thetexan »

The rule involves intentional display. Unintentional display is not a violation. And this all involves concealed carry. You can't violate any rule regarding the intentional or unintentional display of open carry as it relates to display, (unless the display is calculated to alarm). Only how it is is carried when it is intentionally displayed.

So if you do display your weapon INTENTIONALLY you had better have it in a belt holster or shoulder holster AND NOT DOING SO WITH CALCULATION TO ALARM SOMEONE.

tex
Texas LTC Instructor, NRA Pistol Instructor, CFI, CFII, MEI Instructor Pilot
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