CHL and Open Carry Question

[K5GU]

Here's one for discussion. I was visiting in Oklahoma and talking to a convenience store owner about how open carry was going there. He said he originally had a "no open carry in the store" rule, but that changed during an apparent robbery attempt by two thugs demanding cigarettes. Thug #1 who was doing the talking had a knife. Thug #2 was standing behind #1 with both hands in his hoodie. As he was giving the cigarettes to the thugs, a customer came in and realized what was happening. The customer stopped, stared at the thugs while slowly pulling back his jacket, exposing a holstered handgun. The customer said nothing, did not draw his gun..just stood there staring at the thugs. To his surprise, the thugs threw the cigarettes back on the counter and ran! Needless to say, the customer and the store owner was lucky that day. The store owner then walked over and removed his "no open carry in the store" notice! :)

I think in Texas (Dec.31 2015), that scenario, although while very risky, could be a positive "intended consequence" in favor of licensed open-carry, and I suppose would be covered in Penal Code Sec. 9.04.

My question is this. When licensed OC goes effective, and that same thing happened under the same circumstances here and the gun is holstered in a "restraint" holster, would release of the restraint be considered an offense even though the gun stays in the holster? Thanks.

[jmra]

Here's one for discussion. I was visiting in Oklahoma and talking to a convenience store owner about how open carry was going there. He said he originally had a "no open carry in the store" rule, but that changed during an apparent robbery attempt by two thugs demanding cigarettes. Thug #1 who was doing the talking had a knife. Thug #2 was standing behind #1 with both hands in his hoodie. As he was giving the cigarettes to the thugs, a customer came in and realized what was happening. The customer stopped, stared at the thugs while slowly pulling back his jacket, exposing a holstered handgun. The customer said nothing, did not draw his gun..just stood there staring at the thugs. To his surprise, the thugs threw the cigarettes back on the counter and ran! Needless to say, the customer and the store owner was lucky that day. The store owner then walked over and removed his "no open carry in the store" notice! :)

I think in Texas (Dec.31 2015), that scenario, although while very risky, could be a positive "intended consequence" in favor of licensed open-carry, and I suppose would be covered in Penal Code Sec. 9.04.

My question is this. When licensed OC goes effective, and that same thing happened under the same circumstances here and the gun is holstered in a "restraint" holster, would release of the restraint be considered an offense even though the gun stays in the holster? Thanks.

Why would the gun be in a restraint holster? There is no requirement for a restraint holster and nothing in the passed legislation that would prohibit you from releasing the restraint if you chose to carry using such a holster.

[K5GU]

Here's one for discussion. I was visiting in Oklahoma and talking to a convenience store owner about how open carry was going there. He said he originally had a "no open carry in the store" rule, but that changed during an apparent robbery attempt by two thugs demanding cigarettes. Thug #1 who was doing the talking had a knife. Thug #2 was standing behind #1 with both hands in his hoodie. As he was giving the cigarettes to the thugs, a customer came in and realized what was happening. The customer stopped, stared at the thugs while slowly pulling back his jacket, exposing a holstered handgun. The customer said nothing, did not draw his gun..just stood there staring at the thugs. To his surprise, the thugs threw the cigarettes back on the counter and ran! Needless to say, the customer and the store owner was lucky that day. The store owner then walked over and removed his "no open carry in the store" notice! :)

I think in Texas (Dec.31 2015), that scenario, although while very risky, could be a positive "intended consequence" in favor of licensed open-carry, and I suppose would be covered in Penal Code Sec. 9.04.

My question is this. When licensed OC goes effective, and that same thing happened under the same circumstances here and the gun is holstered in a "restraint" holster, would release of the restraint be considered an offense even though the gun stays in the holster? Thanks.

Why would the gun be in a restraint holster? There is no requirement for a restraint holster and nothing in the passed legislation that would prohibit you from releasing the restraint if you chose to carry using such a holster.

I know about the legislation. But, if you're carrying 'open', you might be decreasing the risk of a gun grab and/or the gun unintentionally coming out of the holster if it is a restraint holster.

[jmra]

Ok. Doesn't appear to be an issue in other states - still nothing restricting deactivating a restraint device as long as the firearm remains in the holster.

[K5GU]

Thanks for your comments, jmra. I was thinking the same thing - that leaving the gun holstered would be the key. Also, the customer in Okla. was smart not to start yelling at the punks, or anything that could be construed as a provocation.