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EEllis wrote:

WildBill wrote:I am still trying to figure out how to "carry" recklessly.

I know how you could intentionally, knowingly or recklessly shoot someone, but carry?

How about if you carried in an area where firing a gun would pose a danger? If you can't reasonably use a firearm then I can see having it at all could be considered reckless for legal purposes. It sure sounds like boilerplate law that I would assume is left vague because it's not like anyone could come up with all the possibilities of human stupidity when writing a law.

Keith B wrote:

K5GU wrote:I'm wondering if, let's say, while in my sandwich store openly carrying my holstered handgun and I stand inside my open front door with the gun clearly visible from the sidewalk (I'm still on my premises), if that could be considered "recklessly carrying", and what statute would be applied?

You would probably not be charged under 46.02, but under 42.01(8) 'displays a firearm or other deadly weapon in a public place in a manner calculated to alarm'. Or, as a CHL you might be charged under 46.035(a) 'A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place'.

Even though you were on your own property, it could be construed that a firearm visible to the sidewalk would be considered a public place.

WildBill wrote:Maybe this will help - I found this reference that gives the definition of reckless. I am not a lawyer, so it is still a bit difficult for me to give an example for carrying a handgun knowingly versus recklessly.

PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
CHAPTER 6. CULPABILITY GENERALLY

Sec. 6.02. REQUIREMENT OF CULPABILITY. (a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.

(b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.

(c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.

(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:

(1) intentional;

(2) knowing;

(3) reckless;

(4) criminal negligence.

(e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.

(f) An offense defined by municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount authorized by Section 12.23.

Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

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