TexasCHLforum.com

txinvestigator wrote:

KBCraig wrote:

Kyle Brown wrote:For instance, you cannot stand in a crowded theather and yell "Fire."

Can you cite the law that forbids you from doing so?

This gets thrown about a lot as if it's true. What's actually true is that you're responsible for your actions: inciting panic, lost revenue to the theater owner, injuries incurred in the evacuation, etc.

Kevin

I can


Texas Penal Code
§42.06. False alarm or report.

(a) A person commits an offense if he knowingly initiates,
communicates or circulates a report of a present, past, or future
bombing, fire, offense, or other emergency that he knows is false or
baseless and that would ordinarily:

(1) cause action by an official or volunteer agency organized
to deal with emergencies;

(2) place a person in fear of imminent serious bodily injury;
or

(3) prevent or interrupt the occupation of a building, room,
place of assembly, place to which the public has access, or aircraft,
automobile, or other mode of conveyance.

(b) An offense under this section is a Class A misdemeanor
unless the false report is of an emergency involving a public primary
or secondary school, public communications, public transportation,
public water, gas, or power supply or other public service, in which
event the offense is a state jail felony.

Thanks txinvestigator...you beat me to it...I'm a little cold and slow tonight.

And, I see your point as well Nick. However, speech is not without regulation. For instance, you cannot stand in a crowded theather and yell "Fire."

carlson1 wrote:I know the reason that some say Concealed is good. I know the reason that some use for Open being good. I would like the Open just for the fact if that if reaching up or etc. . . the gun is exposed I am still legal. Does anyone think Open would ever be legal in Texas? I understand it is legal Louisana.

This question comes up regularly in most of my chl classes.

I have administered the proficency test for many years now and have observed that some students do not appear to be "ready" or able to defend their weapon against someone who would attempt to take the gun away by attempting to grab it from an open holster.

IMHO, if we are to have open carry in Texas, I feel we should have another "level" of licensing which would require the license holder to prove proficency in defense of the weapon. In order to accomplish this, the license holder attempting to qualify for carry open could be required to complete training and be tested in certain defensive skills taught to LEOs.