Stupid is as Stupid does ...

[DFWTT]

Workplace violence story on the news during lunch, 12-13, 1305 boss walks in gun in hand. Hypothetical yet...He is very lucky

[Bullwhip]

Unloaded makes things legal that are illegal when loaded.

What things?

[snorri]

Unloaded makes things legal that are illegal when loaded.

What things?

I think OldCurlyWolf needs to show the law to back this up. Other states like California prohibit carrying loaded handguns but 46.02 doesn't care if the handgun is unloaded or loaded.

[gus]

That was a brave individual or very foolish depending on how you look at it!

[TxRVer]

If he's taking it to a gunsmith, wouldn't it be legal to carry open or concealed?

[boba]

If he's taking it to a gunsmith, wouldn't it be legal to carry open or concealed?

Based on what exception from 46.02?

[TxRVer]

If he's taking it to a gunsmith, wouldn't it be legal to carry open or concealed?

Based on what exception from 46.02?

If you were going to a gun shop you could carry it legally either open or concealed. That's been legal forever. Long before CHL. Does it make a difference if the gunsmith is in an office building?

[boba]

If he's taking it to a gunsmith, wouldn't it be legal to carry open or concealed?

Based on what exception from 46.02?

I'm just asking. How do you take a gun to a gunsmith legally if you can't carry it openly or concealed?

In a case is probably better than in your hand. A locked case is even better and I think that isn't considered "on or about his person" AFAICT.

[TxRVer]

If he's taking it to a gunsmith, wouldn't it be legal to carry open or concealed?

Based on what exception from 46.02?

I'm just asking. How do you take a gun to a gunsmith legally if you can't carry it openly or concealed?

In a case is probably better than in your hand. A locked case is even better and I think that isn't considered "on or about his person" AFAICT.

I have to agree it's better to have it in a case where no one sees it. My question though, was about legality. Locked in a case is still "on or about his person". Just not visible to the public so no one gets upset.

[boba]

The terms "on or about" are usually said to mean close by, convenient, quickly and easily available, so a person could grab the weapon quickly without significantly changing their position.

[kjolly]

No point in causing undo excitement or the dreaded "man with gun call". People especialy liberals do not have a lot of humor. Stay safe, stay concealed.

[The Annoyed Man]

The terms "on or about" are usually said to mean close by, convenient, quickly and easily available, so a person could grab the weapon quickly without significantly changing their position.

And PC 1.07 (42) says

(42)  "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

So, what is an ordinary and prudent person who is either a CHL or an LEO supposed to think when he or she sees an unexpectedly armed man prowling the halls of a corporation with an openly carried gun in his hand? I know what my fears would be. I'm not saying I would have shot him, but I would definitely have been taking some kind of action, evasive or otherwise. I would suddenly have pressing business elsewhere. So would most reasonable people.

It seems highly likely to me that an LEO would have drawn down on the guy and gotten control over the potential threat, before make a determination of the guy's intentions. It would have been the reasonable thing to do.

What that idiot did was just that: idiotic, and irresponsible; and within the context of PC 1.07 (42), it was UNreasonable. In that particular environment, the gun should have been cased. Arguments to the contrary reject objective reality and substitute their own.

[RoyGBiv]

The terms "on or about" are usually said to mean close by, convenient, quickly and easily available, so a person could grab the weapon quickly without significantly changing their position.

And PC 1.07 (42) says

(42)  "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

So, what is an ordinary and prudent person who is either a CHL or an LEO supposed to think when he or she sees an unexpectedly armed man prowling the halls of a corporation with an openly carried gun in his hand? I know what my fears would be. I'm not saying I would have shot him, but I would definitely have been taking some kind of action, evasive or otherwise. I would suddenly have pressing business elsewhere. So would most reasonable people.

It seems highly likely to me that an LEO would have drawn down on the guy and gotten control over the potential threat, before make a determination of the guy's intentions. It would have been the reasonable thing to do.

What that idiot did was just that: idiotic, and irresponsible; and within the context of PC 1.07 (42), it was UNreasonable. In that particular environment, the gun should have been cased. Arguments to the contrary reject objective reality and substitute their own.

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