Concerns Arise Over Law Allowing Drivers To Carry Guns

[Charles L. Cotton]

When I say Texas doesn't have a brandishing law, I mean similar to many other states where virtually any display of a weapon is a violation of the law. However, Texas does have statutes that deal with displaying a weapon, but the elements of those offenses require more than merely displaying it. For example, TPC §42.01 Disorderly Conduct includes an offense for "(8) display[ing] a firearm or other deadly weapon in a public place in a manner calculated to alarm[.]" Under certain circumstances, displaying a weapon could also constitute a "terroristic threat" in violation of TPC §22.07.

Also, if a person has a CHL and they "intentionally" fail to conceal it, he/she violates TPC §46.035(a), if their actions are not otherwise justified under Chp. 9 of the Penal Code. If the person is not a CHL and has a handgun in their car, they violate TPC §46.02(A-1), if the handgun is in pain view. If they step out of the car to chase someone with the handgun, then they violate TPC §46.02(a), whether or not the handgun is concealed.

I didn't mean to imply that people can waive a gun around with impunity. Sorry for any confusion.

Chas.

[KD5NRH]

For example, TPC §42.01 Disorderly Conduct includes an offense for "(8) display[ing] a firearm or other deadly weapon in a public place in a manner calculated to alarm[.]"

So I can display a weapon in a private place in a manner calculated to alarm?

[Liberty]

For example, TPC §42.01 Disorderly Conduct includes an offense for "(8) display[ing] a firearm or other deadly weapon in a public place in a manner calculated to alarm[.]"

So I can display a weapon in a private place in a manner calculated to alarm?

That might be concidered a terroristic threat instead of a Disorderly Conduct.

[seamusTX]

"Displaying a weapon in a manner calculated to alarm" in a private place (on your own property) could also be deadly conduct. One example from real life is a moron (I forget when and where -- it was years ago) who was using a scoped rifle as a telescope and pointing it at people.

- Jim

[lawrnk]

[quote="OnTexasTime]

I get the impression from a few instructors that they don't like the law either. I think they worry less people will get a CHL since they can now carry in their car.[/quote]


A guy a work mentioned he wanted the CHL to carry in the car. I mentioned the law changed on Sept 1, ad he states, well no point in getting my CHL then. I never planned on carrying outside of my vehicle.

[seamusTX]

"I never planned on carrying outside of my vehicle."

Many carjackings occur as the driver is approaching the vehicle on foot. That's the best time to get a victim who has his keys in his hand and may be distracted.

I never understood the thinking in having a weapon in the glove box or under the seat.

- Jim

[lawrnk]

"I never planned on carrying outside of my vehicle."

Many carjackings occur as the driver is approaching the vehicle on foot. That's the best time to get a victim who has his keys in his hand and may be distracted.

I never understood the thinking in having a weapon in the glove box or under the seat.

- Jim

I tried explaining that to him, no luck

[seamusTX]

I tried explaining that to him, no luck

All you can do is try. I hope his luck holds out.

- Jim

[tarkus]

I never understood the thinking in having a weapon in the glove box or under the seat.

It's tough to get to a pocket gun while driving.

Also, some people work in victim zones that prohibit guns, like schools or federal buildings.

[Nazrat]

I carry my pocket .38. Since I can't get to it while seated in a car and wearing a seatbelt, my center console has my M&P9c. It is readily accessible while seated in my vehicle.

Obviously, I would not want my car gun to be my only means of defense. However, it is a useful part of the overall personal protection plan.