I am not so do not defer to me.Soccerdad1995 wrote:First off, IANAL, and I'll gladly defer to you if you are.thetexan wrote:It doesn't matter what the activity is...working on the engine...sitting in your vehicle...vacuuming the inside of your car...sleeping...going fishing...getting out of the car on the demand of the officer...parting the Red Sea...
If at any time that gun is visible it is not concealed and therefore you are not in compliance with either 46.02 or 46.035 (if, in the case of .035, you are carrying under concealed carry rules and not open carry rules).
tex
That said, the key distinction here, IMHO, is for a situation where the gun is only unconcealed as a direct consequence of you responding to an order from a LEO (exit the vehicle). But for your response to that order, the gun would be completely and totally concealed.
I am having a hard time understanding how some of the situations above differ from having a revolver in your center console, or glove box, along with your registration and proof of insurance. The LEO asks for these documents. You advise the officer of your weapons location, he tells you to go ahead and get the docs, sees your weapon, and arrests you for having an unconcealed firearm? That just does not seem correct at all, IMHO. Yet this is another example where the ONLY reason that the firearm was unconcealed is your response to the LEO's orders.
In my case, I sometimes keep a J frame in a pocket holster in the door storage area of my vehicle. It is completely hidden, but may be seen if I was exiting the vehicle and someone was specifically looking at that area. Are you saying that is a problem?
My only point is that unconcealed is unconcealed is unconcealed according to statute. Whether that state of unconcealment which would be as a result of a command by a law enforcement officer to do something is prosecutable as a violation or, if prosecuted, those circumstances would provide a good defense to that prosecution is the question. Certainly, if a LEO tells you to open the center console or does it himself, thus revealing the gun, you would not be held responsible for that.....or would you? I would think not. But the finding of facts at trial would probably be that 1. the gun became displayed contrary to 46.02 or 46.035 and 2. Whatever the facts are concerning the cause of that display and 3. your culpability in causing that display. Personally, if you keep the gun hidden in such a way that it is concealed (if using .02 or concealed carry under .035) under all conditions such as opening a door, etc. I wouldn't think there would ever be an issue.
tex