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by Keith B
Tue Mar 24, 2015 2:47 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Re: PC 46.02. What does "recklessly carry" Mean?
Replies: 15
Views: 1625

Re: PC 46.02. What does "recklessly carry" Mean?

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.

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