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If you want to do something about false arrest under this law, let's not forget that one of our options is to have our legislature remove it from the books. Open carry was an issue in the last legislative session, and false arrest under failure to conceal was one of the arguments being made in support of it. You can't get arrested for failure to conceal if open carry is legal and this law is repealed. Let the chastising begin again with a gusto, but this time don't try to tell me there is no risk of being harassed, arrested, incarcerated, and brought before a judge on 46.035 for printing and having your shirt blow up in the wind. We're all at legal jeopardy from this law. If you don't want to be taken down like some felon thug on a public street for all to see, just because you're exercising your fundamental rights, write and lobby your legislators to have this law repealed.

Texans gave the legislature the power to pass 46.02 in 1869 with this small change:

SECTION XIII. Every person shall have the right to keep and bear arms, in the lawful defence of himself or the State, under such regulations as the Legislature may prescribe.


After then having to live under a despot governor and having removed him from the capital at gun point in 1873, we took away that power with the intent and expectation of repealing the despicable 46.02 law. Low and behold, it's still on the books just as unconstitutional as ever. All we need to do is fix that little omission.

handog wrote:The charge was that the handgun was exposed. Nothing was said about the about the location while I was under arrest. It all boils down to if it was intentionally, purposefully or recklessly exposed. It must be "intentional" conduct and that's unique in Texas penal statutes. The fact is that it was in a deep concealment holster inside my waist belt so how can it be considered anything but accidental? When I stood in front of the magistrate he said after reading the report "it sounds accidental to me." It was in fact a false arrest.

One other thing. Whenever I get out of my truck I know to pull my shirt down over my handgun. When I was pulled over and ordered out of the vehicle I could not reach down because they would have opened fire on me. The handle of the gun was exposed when I stepped out and they held that against me.

So you are confirming that you were arrested for 46.035a Unlawful carry by a license holder, ie they accused you of carrying a handgun on your person and intentionally failing to conceal it. It looks like you were targeted for "printing," and you were later accused for having "the wind blow up your shirt" so to speak. You had eight handguns and a shotgun pointed in your face. I assume you were handcuffed and arrested in a very public fashion on a public street like you were some dangerous felon. Your gun and holster were seized, no telling if getting them back will be economically viable. You were hauled off to jail and Incarcerated. You were harassed. Your license has been at least suspended and confiscated with a threat of revocation. You were brought in front of a magistrate. You were up on a Class A misdemeanor. Did you hire an attorney? If not, I suspect you should have, which is another penalty that we can expect goes along with this risk of beating the rap but taking the ride. Now, what have I missed? It's not over yet either.

Is there a risk of being harassed and falsely arrested under 46.035a for printing and shirt blowing up in the wind? Yes, just like I had claimed, there certainly is.

Keith B wrote:I don't want to misquote or incorrectly interpret handog's posts.

I don't want to misquote him either.

Handog wrote:The issue is that the CHG was somehow identified

So, you're suggesting that they were really concerned that he was in possession under 46.035c during a meeting of a governmental entity. Except that of course he wasn't in a meeting of a governmental entity, and then they thought they'd be better off charging him under 46.035a for intentionally failing to conceal. No. That's not right. Charles assured me there was no risk of any CHL holder getting charged under 46.035a unless he was intentionally and recklessly carrying unconcealed.

Keith B wrote:

HGWC wrote:Hmm, there must be some mistake! Charles assured me in no uncertain terms, that there is no risk of being harassed or arrested under 46.035, UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, for an un-intentional failure to conceal. See our discussion over the risk of harassment and false arrest under this law here: http://www.texaschlforum.com/viewtopic. ... al#p249398. You must be mistaken Handog. There is no risk that you could be harassed and arrested under 46.035 for unintentional failure to conceal. It must have been clear to the officers that you were intentionally not concealing your handgun.

I don't believe the charge was that he failed to conceal and was arrested for that, but they discovered he was carrying in a government building and thought that the building was off limits per the law. So, the UCW arrest was for carrying in the government building, not unintentional failure to conceal (which apparently happened enough to get outed), but that was not the charge.

Please correct this if I am incorrect handog

That's not what Handog said:

Postby handog » Sat Feb 13, 2010 8:36 pm
It was not a courthouse or any other mentioned. It was a Gov. Office building. The location wasn't the issue. The issue is that the CHG was somehow identified. As Mr. Cotton has pointed out "it must be "intentional" conduct and that's unique in Texas penal statutes." It was absolutely not exposed intentionally or recklessly therefore the law was NOT BROKEN. I was thrown in jail, had to lissen to the LEOS flipped remarks all day and had my Lic. Suspended and my gun confiscated. It's bull.

Hmm, there must be some mistake! Charles assured me in no uncertain terms, that there is no risk of being harassed or arrested under 46.035, UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, for an un-intentional failure to conceal. See our discussion over the risk of harassment and false arrest under this law here: http://www.texaschlforum.com/viewtopic. ... al#p249398. You must be mistaken Handog. There is no risk that you could be harassed and arrested under 46.035 for unintentional failure to conceal. It must have been clear to the officers that you were intentionally not concealing your handgun.