If the 4-wheelers were still tail-gating you - it must not have been "in plain view".gigag04 wrote:I was riding harleys this past weekend with the future step dad in law, and despite my multiple layers for warmth, I got off for a break and saw my jacket was riding OVER the grip of my pistol. Nice.
Just what I need is a biker with a gun response from LE.
If the 4-wheelers were NOT tail-gating you it probably was "in plain view" - but then....weren't you either "traveling", or carrying your handgun under the authority of the Texas CHL ?
If not traveling - you were still not intentionally failing to conceal if carrying under Texas CHL authority which creates an exception to the "in plain view" vehicular provision of Section 46.02 (a-1), and you were not in violation of the disorderly conduct provisions of Section 42.01 (a-8) - because you were not displaying your handgun in a public place in a manner calculated to alarm.
Interestingly AR's and AK 's with a pistol grips aren't "considered" to be a handguns - but the Texas definition of a handgun is 46.01 (5) "Handgun" -ANY firearm that is designed, made, or adapted to be fired with ONE hand.
You would probably be pulled over if riding down the highway with an AR or AK slung over your shoulder - but still no crime.