I think Charles made a (good) point about this (I didn't feel like searching the post for it though) about how many people have been prosecued about "intentionally failing to conceal".
I don't think I would lose too much sleep about it.
-Cain
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Return to “Open Carry.Org Targets Texas”
- Thu Dec 04, 2008 8:41 pm
- Forum: General Texas CHL Discussion
- Topic: Open Carry.Org Targets Texas
- Replies: 166
- Views: 25484
- Mon Dec 01, 2008 7:26 pm
- Forum: General Texas CHL Discussion
- Topic: Open Carry.Org Targets Texas
- Replies: 166
- Views: 25484
Re: Open Carry.Org Targets Texas
Charles,
Sounds like the odds are pretty much on the CHL'er's side when it comes to convictions of "intentionally" showing your gun. There are x-amount of CHL holders and out of that many, how many have UNintentionally showed their weapon(probaby quite a few...top shelves at grocery store and such as you mentioned in an earlier post). Sounds almost as if you'd have to not only intentionally show your gun, but almost be stupid about it at the same time, so you'd almost have to add "blatantly" to the penal code to get a conviction, or so it seems.
-Cain
Sounds like the odds are pretty much on the CHL'er's side when it comes to convictions of "intentionally" showing your gun. There are x-amount of CHL holders and out of that many, how many have UNintentionally showed their weapon(probaby quite a few...top shelves at grocery store and such as you mentioned in an earlier post). Sounds almost as if you'd have to not only intentionally show your gun, but almost be stupid about it at the same time, so you'd almost have to add "blatantly" to the penal code to get a conviction, or so it seems.
-Cain
- Mon Dec 01, 2008 3:36 pm
- Forum: General Texas CHL Discussion
- Topic: Open Carry.Org Targets Texas
- Replies: 166
- Views: 25484
Re: Open Carry.Org Targets Texas
Is it a problem? I'm not out and about as much as some people, but I can tell you that I've never seen anyone's gun(but I don't look for them either). Maybe if Austin gets their you know what together and I get my CHL I might be a little more tuned in to that, don't know yet.nitrogen wrote:If unintentional showing of a weapon is such a problem, how about just decriminalize it?
Make it a class C misdemeanor or infraction, with a fine?
-Cain
- Sun Nov 30, 2008 7:06 pm
- Forum: General Texas CHL Discussion
- Topic: Open Carry.Org Targets Texas
- Replies: 166
- Views: 25484
Re: Open Carry.Org Targets Texas
atxgun wrote:
I'm just saying I'd rather not have to be in a situation where I'm having to try and convince someone an accidental failure was not intentional.
I wasn't picking on ya, I figured that's what you meant, and flint made a good point too, somebody gets to make the call, and you can bet your .45 it's not the CHL holder.
I just wanted to state the law on the point I made.
Personally, I could care less either way; I wouldn't open carry if it we're legal, but I get where you're coming from, at least you have the choice.
-Cain
- Sun Nov 30, 2008 6:31 pm
- Forum: General Texas CHL Discussion
- Topic: Open Carry.Org Targets Texas
- Replies: 166
- Views: 25484
Re: Open Carry.Org Targets Texas
picking nits but...atxgun wrote:...but it would be nice to not have to worry about getting busted for failure to conceal.
PC s46.035. 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.
-Cain