TexasCHLforum.com

AlaskanInTexas wrote:

mr1337 wrote:

AlaskanInTexas wrote:Agree it wasn't wise. Not entirely convinced that it was illegal (though there is enough support for it being illegal that I would never do it).

Sec. 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 displays the handgun in plain view of another person in a public place.

He:

• Carried a handgun on or about his person under the authority of Subchapter H, Chapter 411 and
• Intentionally displayed the handgun
• In plain view of another person
• In a public place

Checkmark in all 4 boxes violates 46.035. Sounds like a clear violation to me.

To which his lawyer would probably respond:

He was not carrying under the authority of Subchapter H, Chapter 411. He was on premises under his control, within the meaning of Tex Penal Code Sec. 46.02(a)(1).

I would never want to have to make that argument, because there are a slew of arguments for why the premises were not under his control. That's why I always feel a bit nervous for the gun store employees who openly carry.

yesmcgrath wrote:I forgot to add... Please give me your opinions on this... Was I the fool for displaying my weapon to him? I feel that despite the circumstances it was still inappropriate to display my weapon even though well-intended.