Someone lifts up your shirt?

[exbellicus]

Quick question: If someone unintentionally lifts up your shirt while giving you a hug or something to that effect, what's the legality?

[Keith B]

Quick question: If someone unintentionally lifts up your shirt while giving you a hug or something to that effect, what's the legality?

First off, welcome to the forum.

Second, no legal issue if it was totally unintentional. Failure to conceal must be due to an intentional act.

[exbellicus]

Thanks for the welcome, I've been stalking the forum for a couple months now since I got my CHL. It did not occur to me that I had not posted yet!

Twice since I've started carrying I have encountered a situation where a friend felt my gun on my hip and reached toward the area where I have it holstered to further investigate. I of course prevented them from doing so, but was curious on what the result would be if I had this issue in a public situation.

[exbellicus]

While I'm at it...I typically open carry in my residence. I am permitted to answer the door without concealing as long as I don't cross the threshold. correct?

[ffemt300]

Welcome to the forum. Here's some good hugging related discussion.

viewtopic.php?f=53&t=57027" onclick="window.open(this.href);return false;

[Teamless]

I am permitted to answer the door without concealing as long as I don't cross the threshold. correct?

Almost correct, depending on if you live in a house or an apartment.

I open carry at my house normally, and as it is a house, with property out front, I will occasionally open carry while doing yard work - which is legal.

If you live in an apartment setting, then you can only O/C to your threshold, as you stated, but you cannot walk out your front door while O/C.

[Maxwell]

I admit that I am a hugger. But if someone is a good enough friend to hug and decides to do something as brash as lift my shirt to see what it was I would have a quietly serious talk with them. Even without being armed that's a little beyond personal.

[C-dub]

I open carry at my house normally, and as it is a house, with property out front, I will occasionally open carry while doing yard work - which is legal.

And even this topic has gotten some mileage on it. If you have a house with a front yard, while it is your property, it may also be considered a public place since you may be in plain view of anyone walking or driving by. Then there's also the reason or manner in which you OC in view of others and the type of neighborhood you live in. Are you going to freak out the sheeple? Have you had an argument with any neighbor? Could that neighbor view your legally carried gun as a threat?

Not everything legal is wise.

[exbellicus]

Thanks for the replies, very helpful.

Another question - I've searched but due to the common-ness of search terms, I haven't been able to find a thread about it yet.

I understand that showing your weapon as a means of force, not deadly force, can be warranted to deter a bad situation. Is there a PC reference available so I can better understand when stating I have a gun or lifting up my shirt to deter an assailant is acceptable?

[Jumping Frog]

Thanks for the replies, very helpful.

Another question - I've searched but due to the common-ness of search terms, I haven't been able to find a thread about it yet.

I understand that showing your weapon as a means of force, not deadly force, can be warranted to deter a bad situation. Is there a PC reference available so I can better understand when stating I have a gun or lifting up my shirt to deter an assailant is acceptable?

Don't follow down that rabbit hole, it will get you in trouble.

You may be justified to use force, but if you are not justified in using deadly force then you will commit the crime of intentional failure to conceal when you show your gun.

Good rule of thumb is if someone sees my gun it is because I am in the process of using it.

[Teamless]

I understand that showing your weapon as a means of force, not deadly force, can be warranted to deter a bad situation. Is there a PC reference available so I can better understand when stating I have a gun or lifting up my shirt to deter an assailant is acceptable?

the way I look at it, rightly or wrongly.
If I am in an argument with you, whether verbal or physical, and you pull up your shirt as to say "I will shoot you if you continue!" (which come on, is REALLY what you would be saying by doing that), I would take that as a threat of deadly force.
Have you drawn your weapon? No, but you have proven it is there and is easily accessible, and you can draw at any second, and knowing that, I need to either run or if I feel that I cannot (family nearby that I need to protect, no where to run, etc), I could easily draw my weapon and while I may not shoot automatically, my drawing, after your instigation, may cause you to draw and there we go, I am shooting you before you shot me.

So in the end, what YOU did was escalate the situation from an argument of sorts, to deadly force being used.

Again, I am not saying I am right for drawing, but I am not, after you have already threatened me, giving you the chance to draw and me just let you shoot me.
I will protect myself and my family.

[stealthfightrf17]

My opion is the only time anyone should see your gun in public is right before it is fired. I will only fire my gun when I am in fear for my life and/or someone elses. So basiclly, "a BG" will only know I have a gun when I fear for a life and by the time he relizes it he would have been shot. Two reasons for this. 1. failure to conceal, and 2. You don't want to warn somebody who may take steps to come at you phisiclly.

[JustMe]

my thought is that I will only pull my gun if I feel it is necessary to use it to stop a threat. Just the sight of it MAY be enough to stop the threat--if so, no need for me to fire. But unless I am prepared to fire, I won't be pulling the gun, I won't use it as a warning.

[SRH78]

Well said Teamless.


So far it hasn't happened yet but with so many little brats, I mean kids, in the family. I keep waiting for one of them to try and see what that lump under my shirt was when they hugged me. I am sure it will be at the worst possible time when it does happen.

[mamabearCali]

This is why though I love TX I am happy to live in a state that has OC (VA). I don't OC all the time, but it is invaluable for those situations where you did not know that you were made by your toddler's foot as you carried him about. You know and everyone else around you does as well that you are perfectly within the law. The MWAG calls are much less intimidating and clear. Most of the time the 911 operator takes care of it without the police ever being notified. If they do show up and your gun is holstered, you are behaving normally, you are in the clear. Note the reason I stick around this forum is that I have family in TX, was born here, and visit as often as I can.

Yall do beat us out though on your castle doctrine. Ours is woefully lacking.