TexasCHLforum.com

RottenApple wrote:

Longshot38 wrote:Actually yes it does. Lets look at a couple of examples:

Scenario 1
So you are at your buddies home one day for a visit. During the visit you two converse about firearms. And at some point during the conversation your buddy ask to see your EDC. So you do what you are supposed to and and unload the firearm and hand it to said buddy. After he completes his examination of the weapon it is returned to you and it is then returned to concealment.

Was a crime committed? No. Nothing in the law says that you must not ever show anyone your firearm. Rather it says that while in public spaces you must conceal your firearm. Extending this further are you breaking the law when you openly carry in your home, no your not. Because the CHL law only applies to public spaces which your home is not not is your buddies. To top that off TX has no brandishing law only a concealment law. Now to be the devils advocate. Say the police are called to your buddies home and you have your pistol visible are you in violation of the law. Not in terms of concealment. Because you buddy has the right to tell those in his home that unconcealed weapons are permitted. This beyond the scope of the law and well within the home owners rights.

Scenario 2
So you are attending a family reunion at the park. So your EDC is with you and some where in the conversation the topic of concealed carry comes up and the bright idea of some show and tell comes up. Is this legal? Absolutely not. Because unlike the previous scenario you are in a public space the the CHL law is 100 applicable here.

So yes situation does matter. And it is entirely relevant in the court of law.

You might want to take another look at the law. Nowhere does it say "public spaces".

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Looks to me that the law is crystal clear on this one. Unless it is your property or property under your control, it is illegal to intentionally display your firearm.