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GC 411.171 (3) - definition of concealed handgun repealed
Posted: Tue Jan 05, 2016 1:08 pm
by rob777
GC 411.171(3) states the definition of a concealed handgun has been repealed effective 1/1/16
(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 437 , Sec. 50, eff. January 1, 2016.
Subsequently the definition of concealed handgun is no longer part of our outline for the class.
Any insight as to why it was removed or how this changes the law with regard to concealed carry? Seems that without the definition the issue just got a little more gray.
Re: GC 411.171 (3) - definition of concealed handgun repealed
Posted: Tue Jan 05, 2016 1:12 pm
by Charles L. Cotton
rob777 wrote:GC 411.171(3) states the definition of a concealed handgun has been repealed effective 1/1/16
(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 437 , Sec. 50, eff. January 1, 2016.
Subsequently the definition of concealed handgun is no longer part of our outline for the class.
Any insight as to why it was removed or how this changes the law with regard to concealed carry? Seems that without the definition the issue just got a little more gray.
The definition became meaningless with the amendment to TPC §46.035(a) in 2013. When the offense changed from "intentionally failed to conceal . . ." to "intentionally display . . ." there was no longer a reference to a "concealed handgun."
Operationally, it made virtually no difference to LTC's. That said, if one were to show their handgun to a friend in the friend's home, it is no longer unlawful as it was prior to the 2013 amendment.
Chas.
Re: GC 411.171 (3) - definition of concealed handgun repealed
Posted: Tue Jan 05, 2016 1:15 pm
by Breny414
I was wondering the same... why did they take it out? it seems it still need to be there for 30.07 compliance.
Re: GC 411.171 (3) - definition of concealed handgun repealed
Posted: Tue Jan 05, 2016 1:28 pm
by Charles L. Cotton
Breny414 wrote:I was wondering the same... why did they take it out? it seems it still need to be there for 30.07 compliance.
TPC §30.07 does not refer to a "concealed handgun." Statutory definitions are included when the precise term or phrase is used in a statute/code. For example, if a definition were necessary for a "handgun carried openly," then that phrase should be defined in statute.
Chas.
Re: GC 411.171 (3) - definition of concealed handgun repealed
Posted: Tue Jan 05, 2016 1:39 pm
by rob777
Thanks Charles... very helpful.
Re: GC 411.171 (3) - definition of concealed handgun repealed
Posted: Tue Jan 05, 2016 2:45 pm
by dogflight
30.06 still bans a "concealed handgun". SB11, Campus Carry, likewise uses the term.
My understanding is that the handgun must be concealed in those places that do not prohibit guns, but disallow open carry.
Lacking a statutorily defined definition, do we just go with "concealed means concealed"?