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by MasterOfNone
Mon Apr 04, 2011 8:19 am
Forum: Never Again!!
Topic: Possibly exposed at Academy
Replies: 27
Views: 5528

Re: Possibly exposed at Academy

Teamless wrote:
johnson0317 wrote:What is your source for "unintentional" flashing being OK?
I don't have the source handy, but to be against the law it has to be "Intentional Failure to Conceal"
The source is PC 46.035(a):
PC 46.035(a) wrote: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.
Teamless wrote:
johnson0317 wrote:Does printing accidentally count as unintentional flashing?
Printing is NOT illegal.
Would I knowing carry a weapon that printed badly enough that someone would know it was a gun, NO, but it is still not against the law to print
Though the term "printing" is not used in the statutes to determine failure to conceal, neither is "showing" or "making visible." Because the offense is "fails to conceal," we have to interpret it in terms of the definition provided of "concealed handgun":
PC 411.171(3) wrote:"Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
If one is printing so badly that the gun is "openly discernible to the ordinary observation of a reasonable person," he has failed to conceal. If he has chosen to carry in a manner that prints so badly, he has intentionally failed to conceal.

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