I had an uncomfortable situation last Saturday

[WTR]

I'm sure there are many people who deserve a HC placard. However, I also "know" that the system is abused and should be more closely regulated. The doctors being some of the worst enablers. I was feeling sorry for myself one day as I parked at Wal Mart. I thought about reneging my placard, that is when I saw a young girl in a wheeh chair blowing into a straw to guide the chair........pity party over..........I'll shuffle.

[Keith B]

It's not illegal to use a placard to park as long as the person the placard is assigned to is present and was transported in the vehicle.

It is illegal to use the placard of another to park if that person isn't along on the ride.
.....

That's not what the DMV (TX) told me. Yhe owner of the card must be utilizing the card......not just present.

Maybe, as Aunt Gracie sometimes said, "they misunderstood what you heard."

If you think about it, the person entitled to the placard is either driving or riding in the vehicle, "present" when it is used. Otherwise, it is a violation.

Here is the statute

Sec. 681.006. PARKING PRIVILEGES: PERSONS WITH DISABILITIES.
(a) Subject to Section 681.009(e), a vehicle may be parked for an unlimited period in a parking space or area that is designated specifically for persons with physical disabilities if:
(1) the vehicle is being operated by or for the transportation of a person with a disability; and
(2) there are:
(A) displayed on the vehicle special license plates issued under Section 504.201; or
(B) placed on the rearview mirror of the vehicle's front windshield a disabled parking placard.

So, if I am driving my vehicle and have my disabled Father-In-Law riding with me, then I can park in the handicapped spot, even though I am not disabled.

Now, if I drop him at the door, and am going to go back and pick him up at the door, then I am not going to utilize a handicapped spot. However, if he has to walk any distance one way or both from the vehicle to the store, then I will park in one.

[jmra]

It seems to me everywhere I go these days there are a bunch of empty HC spaces. If you can legally use the HC space please do so.

[Javier730]

Telling someone to "STOP!" or "GET AWAY!" while open carrying is not illegal.

I only conceal carry, but the last time I was approached while pumping gas I just pulled back my shirt revealing my weapon. The guy backed off. I like being able to show the weapon at times and not have to worry about breaking the law.

I used this at a Valero last night. There was two guys standing by the entrance asking for money. I parked by the pump and began using my debit card to fuel up. Both men started walking in my direction. Before they could even reach my truck I said to them, "Im not gonna give you any money." One of them walked back toward the store and the other kept approaching. I quickly went from concealed carry to open carry and said loudly, "STAY BACK!". The guys eyes opened up he spun around and sprinted back to his buddy. I then switched back to carrying concealed and continued fueling up all while keeping an eye on the two guys.

Thats the first time I have ever open carried. This also happened in San Antonio. We have always had a problem here with beggars but now they seen to be approaching in twos.

[Keith B]

Telling someone to "STOP!" or "GET AWAY!" while open carrying is not illegal.

I only conceal carry, but the last time I was approached while pumping gas I just pulled back my shirt revealing my weapon. The guy backed off. I like being able to show the weapon at times and not have to worry about breaking the law.

I used this at a Valero last night. There was two guys standing by the entrance asking for money. I parked by the pump and began using my debit card to fuel up. Both men started walking in my direction. Before they could even reach my truck I said to them, "Im not gonna give you any money." One of them walked back toward the store and the other kept approaching. I quickly went from concealed carry to open carry and said loudly, "STAY BACK!". The guys eyes opened up he spun around and sprinted back to his buddy. I then switched back to carrying concealed and continued fueling up all while keeping an eye on the two guys.

Thats the first time I have ever open carried. This also happened in San Antonio. We have always had a problem here with beggars but now they seen to be approaching in twos.

You do have to be careful in going from concealed to open carry. First, you must have your handgun in a belt or shoulder holster to open carry.

Second, if you do not have the justification to use force under Texas Penal Code Chapter 9, then you are not covered by the exemption for production of a weapon. If you were not justified in using force under TPC 9, then you could be charged under TPC 42.01(8)

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
.......
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
......

So, basically, while I think you had the right to use threat of force at the point the individual continued on toward you, if someone wanted to try and twist it they could claim you were doing it to alarm them when you had no justification to do so.

[Javier730]

Telling someone to "STOP!" or "GET AWAY!" while open carrying is not illegal.

I only conceal carry, but the last time I was approached while pumping gas I just pulled back my shirt revealing my weapon. The guy backed off. I like being able to show the weapon at times and not have to worry about breaking the law.

I used this at a Valero last night. There was two guys standing by the entrance asking for money. I parked by the pump and began using my debit card to fuel up. Both men started walking in my direction. Before they could even reach my truck I said to them, "Im not gonna give you any money." One of them walked back toward the store and the other kept approaching. I quickly went from concealed carry to open carry and said loudly, "STAY BACK!". The guys eyes opened up he spun around and sprinted back to his buddy. I then switched back to carrying concealed and continued fueling up all while keeping an eye on the two guys.

Thats the first time I have ever open carried. This also happened in San Antonio. We have always had a problem here with beggars but now they seen to be approaching in twos.

You do have to be careful in going from concealed to open carry. First, you must have your handgun in a belt or shoulder holster to open carry.

Second, if you do not have the justification to use force under Texas Penal Code Chapter 9, then you are not covered by the exemption for production of a weapon. If you were not justified in using force under TPC 9, then you could be charged under TPC 42.01(8)

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
.......
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
......

So, basically, while I think you had the right to use threat of force at the point the individual continued on toward you, if someone wanted to try and twist it they could claim you were doing it to alarm them when you had no justification to do so.

I do carry in a belt holster, but the disorderly conduct one has me I understand how it reads but legally carrying concealed and then legally switching to open carry would fall under this? Can one who carries legally not switch from concealed to open carry in public or is it a certain situation that forbids it?

If thats the case, Ill switch to open carry before getting off to fuel up.

[Keith B]

I do carry in a belt holster, but the disorderly conduct one has me I understand how it reads but legally carrying concealed and then legally switching to open carry would fall under this? Can one who carries legally not switch from concealed to open carry in public or is it a certain situation that forbids it?

If thats the case, Ill switch to open carry before getting off to fuel up.

I am playing devils advocate when I say this. The issue could be that because you were concealed, and 'intentionally' displayed the weapon to 'alarm' the person coming at you, a low-down skunk of a DA could try to twist it into a case where you were doing it in a manner to alarm and that is still against the law.

Another scenario is you are openly carrying, get into a verbal argument with someone, and because you are carrying the other person calls the police and says you were 'threatening them' and had a gun. The police could determine you met the definition of displaying a weapon in a manner to alarm and decide to arrest you. If you leave it concealed, then the person should never know you are carrying and you could not be accused of violating the statute.

Again, this is worst case scenario, but I could see a non-LTC-friendly cop or DA looking to try and twist it that way if they wanted to prove a point.

[Javier730]

I do carry in a belt holster, but the disorderly conduct one has me I understand how it reads but legally carrying concealed and then legally switching to open carry would fall under this? Can one who carries legally not switch from concealed to open carry in public or is it a certain situation that forbids it?

If thats the case, Ill switch to open carry before getting off to fuel up.

I am playing devils advocate when I say this. The issue could be that because you were concealed, and 'intentionally' displayed the weapon to 'alarm' the person coming at you, a low-down skunk of a DA could try to twist it into a case where you were doing it in a manner to alarm and that is still against the law.

Another scenario is you are openly carrying, get into a verbal argument with someone, and because you are carrying the other person calls the police and says you were 'threatening them' and had a gun. The police could determine you met the definition of displaying a weapon in a manner to alarm and decide to arrest you. If you leave it concealed, then the person should never know you are carrying and you could not be accused of violating the statute.

Again, this is worst case scenario, but I could see a non-LTC-friendly cop or DA looking to try and twist it that way if they wanted to prove a point.

Yeah that is kinda one reason I was reluctant to ever even try open carry because of what people could say i did illegally, kinda like having firearm stickers on my truck. At 11pm against some druggie looking panhandlers, I think I would be given the benefit of the doubt, at least I hope so.

[Keith B]

Yeah that is kinda one reason I was reluctant to ever even try open carry because of what people could say i did illegally, kinda like having firearm stickers on my truck. At 11pm against some druggie looking panhandlers, I think I would be given the benefit of the doubt, at least I hope so.

I agree in your particular situation. However, those saying 'I just went from concealed to open carry' could find themselves in a situation where the act was perceived as a threat. Just have to be sure you are justified if there is a reason you are doing it in front of people that could misinterpret it.

[Tracker]

Telling someone to "STOP!" or "GET AWAY!" while open carrying is not illegal.

I only conceal carry, but the last time I was approached while pumping gas I just pulled back my shirt revealing my weapon. The guy backed off. I like being able to show the weapon at times and not have to worry about breaking the law.

I used this at a Valero last night. There was two guys standing by the entrance asking for money. I parked by the pump and began using my debit card to fuel up. Both men started walking in my direction. Before they could even reach my truck I said to them, "Im not gonna give you any money." One of them walked back toward the store and the other kept approaching. I quickly went from concealed carry to open carry and said loudly, "STAY BACK!". The guys eyes opened up he spun around and sprinted back to his buddy. I then switched back to carrying concealed and continued fueling up all while keeping an eye on the two guys.

Thats the first time I have ever open carried. This also happened in San Antonio. We have always had a problem here with beggars but now they seen to be approaching in twos.

and that is exactly why I wanted OC to pass....

[rtschl]

I'm late to this discussion, but I agree with Keith's comments above about being careful switching from CC to OC being perceived to alarm the person. Always call 911 in situations like this. I think OP did great.

I agree it is unlikely homeless will call 911 but what about a witness nearby who only saw you and your weapon and not the aggression towards you? Be the first to call.

[Tracker]

I do carry in a belt holster, but the disorderly conduct one has me I understand how it reads but legally carrying concealed and then legally switching to open carry would fall under this? Can one who carries legally not switch from concealed to open carry in public or is it a certain situation that forbids it?

If thats the case, Ill switch to open carry before getting off to fuel up.

I am playing devils advocate when I say this. The issue could be that because you were concealed, and 'intentionally' displayed the weapon to 'alarm' the person coming at you, a low-down skunk of a DA could try to twist it into a case where you were doing it in a manner to alarm and that is still against the law.

Another scenario is you are openly carrying, get into a verbal argument with someone, and because you are carrying the other person calls the police and says you were 'threatening them' and had a gun. The police could determine you met the definition of displaying a weapon in a manner to alarm and decide to arrest you. If you leave it concealed, then the person should never know you are carrying and you could not be accused of violating the statute.

Again, this is worst case scenario, but I could see a non-LTC-friendly cop or DA looking to try and twist it that way if they wanted to prove a point.

If someone keeps coming once you told them not to then that person(s) is using intimidation. I think he was justified in transitioning to OC. I'd like to sit down and have a discussion with the AG over a cup of coffee one day about situations like this.

[Tracker]

I'm late to this discussion, but I agree with Keith's comments above about being careful switching from CC to OC being perceived to alarm the person. Always call 911 in situations like this. I think OP did great.

I agree it is unlikely homeless will call 911 but what about a witness nearby who only saw you and your weapon and not the aggression towards you? Be the first to call.

Luckily, most gas stations have video.

[rtschl]

I'm late to this discussion, but I agree with Keith's comments above about being careful switching from CC to OC being perceived to alarm the person. Always call 911 in situations like this. I think OP did great.

I agree it is unlikely homeless will call 911 but what about a witness nearby who only saw you and your weapon and not the aggression towards you? Be the first to call.

Luckily, most gas stations have video.

Agreed, but the OP's situation was not at a gas station.

[Javier730]

Yeah that is kinda one reason I was reluctant to ever even try open carry because of what people could say i did illegally, kinda like having firearm stickers on my truck. At 11pm against some druggie looking panhandlers, I think I would be given the benefit of the doubt, at least I hope so.

I agree in your particular situation. However, those saying 'I just went from concealed to open carry' could find themselves in a situation where the act was perceived as a threat. Just have to be sure you are justified if there is a reason you are doing it in front of people that could misinterpret it.

Oh I understand the act or even the wording may be misinterpreted. I never saw how open carry other could benefit me until I saw the post tiger1279 wrote. I figured "switching" from concealed to open would be a good idea, now not so much. I switch carrying position in my truck before getting off to fuel up. I have a question but I hate to hijack this post so Ill make another.