Well TXI, I don't see where it limits observation to "visual observation". An ordinary personal observing with their ears would make the presence of your handgun openly discernible if you said "I am carrying". Every dictionary definition I look at doesn't limit "observing" to your eyes but says "with the senses". Maybe the law defines what "observation" means for them.txinvestigator wrote:atxgun wrote:Interesting thing, I asked the same question I had posted a topic on here before: Is verbal disclosure failure to conceal. The consensus here seemed to be that it wasn't. He didn't even hesitate to say that it was and was cause for revocation. I didn't want to waste class time saying "well, i read on the internet..." and as it would be stupid to do so anyway I just left it at that.
Now you have seen the actual law. ;)Texas Penal Code
§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (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 fails to conceal the handgun.
Texas Government Code
§ 411.171. DEFINITIONS
(3) "Concealed handgun" means a handgun, the presence
of which is not openly discernible to the ordinary observation of a
reasonable person.
Again either way I don't think I'll test this one in practice :)