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I think I just need a better holster.

If it's at a school or federal building, you're on your own. You just might find someone who wants to investigate/prosecute, but I don't know.

Oh I can guarantee that it would be prosecuted in Travis County, I'd just like to know the actual law. Oh and you would be surprised how motivated LEO can be when the see/hear gun; at least around here. I was pulled over by a rookie that didn't know what a CHL was until I told him it was a concealed handgun license. All he needed to hear was "gun" to pull me out, frisk me, and call 2 more cars to the scene. My only guess is that he wasn't listening until he heard the "G" word.

Embalmo

mgood wrote:Where I was a few minutes before the incident is not something I would choose to answer at the scene.
Were you carrying in the bar? Don't you know that it's illegal to carry in a bar?
Oh, so you left the bar and went and got your gun out of your car? If you were at your car, why didn't you just leave? You came back because you wanted to kill him, didn't you?
All of that can wait until after I've spoken to my attorney.

I agree-I'm guessing that if you draw your weapon they're gonna' want to know a whole lot about the circumstances leading up to the incident. In my old age I just assume that a camera is on me even in the bathroom.

Embalmo

.30calSolution wrote:I may be wrong, IANAL, but I thought that one isn't required by law to answer the question "where were you coming from" nor "where are you heading". I may not fully understand the OP I guess.

I would shut my mouth, and if they wanted to charge me with something then they can have a go at it.

If I have to draw and shoot then all they are getting from me if I am still alive is.

1. I feared for my life
2. I want him arrested
3. I want to speak to my attorney

Nothing more. When the LEO's that arrived on scene go in front of the judge and 12 of my peers they will be asked what the defendant said when they arrived. I want them (the LEO's)to repeat # 1-3 of the above and that's it. Loose lips sink ships.

I guess the problem here is that I'm not thinking so much about shooting, or self-defense, I'm more oriented to being outed where it can be proven that I was carrying. Ahhright-A couple of months ago I took my car through the laser wash @ HEB and then spent 20 minutes or so drying it in the parking lot, and applying tire foam. Somehow, I guess when I was reaching up to dry the roof of the van my T shirt lopped over my Bersa and tucked itself really good behind my IWB holster. Sooo-For at least 15 minutes, I was in a busy HEB parking lot open carrying. When I noticed, I pulled my T shirt over it and drove my half-dry van immediately home. I happen to know that HEB has surveillance cameras all over the place, so what if HEB was 30.06 (they're not) and I had walked in just before that (I didn't). On the way out I half expected to have to show my CHL to a LEO and explain the wardrobe malfunction.

So let's say I had a similar wardrobe malfunction in an IRS, or elementary school parking lot filled with staff member witnesses and surveillance cameras (or possibly ratted out by an anti-gun friend of a friend). Would I be home free from prosecution if I got caught in the lot of a place I had obviously had been inside.

Yea, I know, this should have been my original post.
Embalmo

megs wrote:

Embalmo wrote:I want to know if anyone has first hand experience or specific knowledge of the law about what would happen if video surveillance indicated that a CHL visited a "no no" establishment prior to being "outed" in a legal place. With the number of video cameras around, I think it would likely be pointless to lie, or withhold information about one's prior location.

I work in a bar. If I was involved in a shooting after work, I wouldn't post the details on a public forum until the statute of limitations ran out.

So when will the staute of limitations run out?

TexasTony wrote:Im not one to tell anyone how to live but if your carrying wouldn't be easier to just follow the law and avoid bars? There are other no no places but bars would probably get you the most scrutiny from LEO. If its for socialization suggest to your companions a non 51% bar and grill or similar establishment

I would argue a school would cause more noise.

tacticool wrote:

Embalmo wrote:Well my OP indicated hypothetical, but unfortunately, there are unavoidable gun "no no" places.

Doesn't the same principle apply? Doesn't matter if it's a bar, 30.06 business, etc.

Actually it was suggested that one could/should choose another place to socialize instead of a 51% establishment. I indicated that my OP used the word hypothetical because I did not asked the question, "If I refrain from carrying in places where it is illegal will I eliminate the chances of prosecution?" I'm clear on that. I want to know if anyone has first hand experience or specific knowledge of the law about what would happen if video surveillance indicated that a CHL visited a "no no" establishment prior to being "outed" in a legal place. With the number of video cameras around, I think it would likely be pointless to lie, or withhold information about one's prior location.

Embalmo

stevie_d_64 wrote:

Embalmo wrote:

stevie_d_64 wrote:

TexasTony wrote:Im not one to tell anyone how to live but if your carrying wouldn't be easier to just follow the law and avoid bars? There are other no no places but bars would probably get you the most scrutiny from LEO. If its for socialization suggest to your companions a non 51% bar and grill or similar establishment

Bingo!!!

I don't drink.

Well, there ya go...Problem solved...

Well my OP indicated hypothetical, but unfortunately, there are unavoidable gun "no no" places.

stevie_d_64 wrote:

TexasTony wrote:Im not one to tell anyone how to live but if your carrying wouldn't be easier to just follow the law and avoid bars? There are other no no places but bars would probably get you the most scrutiny from LEO. If its for socialization suggest to your companions a non 51% bar and grill or similar establishment

Bingo!!!

I don't drink.

HankB wrote:roaming freely without a keeper.

I just gotta' know what that colloquialism means.

Embalmo

budroux2w wrote:Wouldn't they have to actually have proof that you carried in a "no no" location? "Yes, I was in the bar, but my firearm was locked in the vehicle while I was inside"

If I had to draw and/or fire on a threat after visiting a "no no" place, I would be afraid that any lies would come out through witnesses and video surveillance, which would not give credibility to a self defense case. Still judged by 12 beats carried by 6 any day. I wonder if a tacked on charge of carrying in a "no no" place would increase the chances of being charged/convicted of "murdering" one's attacker.

Embalmo

Bart wrote:

Embalmo wrote:Another likely scenario, I think, would be driving away from a "no no" place and answering the question, "Where you headed from?" when pulled over.

How would they prove you didn't leave it in your car?

If you admit to the crime, don't complain about what happens next.

That is exactly right, but I don't trust LE to know the distinction between a "no no" place and a "no no" parking lot. Naturally there is no way to be prosecuted for leaving it in the car. Still, I wonder if a bogus arrest would cause one's employer to catch wind of a gun in your car, which is a "no no" in many employee handbooks; so a bogus arrest from an ignorant LEO could ultimately lead to one's livelihood being destroyed.

Embalmo

Guys,

Just a hypothetical sit-What if I have to justifiably draw my weapon (or somehow get outed) in a place that is legal to carry when it can be proven (traced back) that I would have had to be in a place where it isn't legal to carry? That is, would I have to be caught in a "no no" place to be prosecuted. The situation that I think would be most likely would be leaving from a bar (sober) and having to draw in the parking lot. Thoughts? Another likely scenario, I think, would be driving away from a "no no" place and answering the question, "Where you headed from?" when pulled over.

Embalmo