M&P Bodyguard

[AJSully421]

There is a guy in my town who does something similar. I have seen him maybe a dozen times in the last 6 years, and seriously, 5-6 of those times I have seen his carry pistol. Either he is adjusting it and his cover garment comes up, or he is going for his wallet and he pulls his shirt open and I get a peek at it. Once he was carrying OWB and had his shirt tucked in over the holster, then back up to his belt with the little "flap" that he couldn't tuck in just hanging out there. Zero doubt what was under there. Saw him walking from the QT to some nearby apartments while I was pumping gas, so I am pretty sure I know where he lives. Heard on the scanner that a kid in a nearby BBQ joint saw his pistol and told his mom, and she called 911 for a MWAG. Description was this guy 100%, said he left on foot and was last seen headed for those same apartments. Had to be him.

Last saw him at a gun show with a jungle camo BDU jacket with tons of iron on patches of flags... Texas, US, Israel, and others. Seems like a strange duck.

As for the OP... what you did was technically illegal, and while not a total bonehead move, wasn't the best decision you have ever made. I preach CC to my buddies who do not carry, but at work... nope.

[Abraham]

" So as a kind gesture I looked at my boss and said well don't be too worried, if he tries anything funny I have this covered (as I discreetly lifted up my shirt displaying my .40 Shield)"

Please re-visit your statement.

Barney Fife comes to mind...

[TVGuy]

I think I value my job more than you do yours.

[aaangel]

The only time my coworkers and my boss will know im carrying is when all hell breaks loose. Then all bets are off! If i get lucky and become the hero, then maybe i can quit my dead end(no pun intended ) job and work for the NRA.

[AlaskanInTexas]

Agree it wasn't wise. Not entirely convinced that it was illegal (though there is enough support for it being illegal that I would never do it).

[Texsquatch]

So, as a CHL and guy who generally likes to talk about guns, if I was your boss and found you were breaking policy, I'd follow same policy and take appropriate action.

Now, your manager is probably violating policy by ignoring the infraction, and his livelihood is in jeopardy. I wouldn't allow this to affect my family by being the one who gets fired for this, so guess who goes before I do? If he did so, he wouldn't be a jerk anti-gun power hungry boss, he'd simply be a guy following the rules, providing for his family.

[mr1337]

Agree it wasn't wise. Not entirely convinced that it was illegal (though there is enough support for it being illegal that I would never do it).

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) 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 displays the handgun in plain view of another person in a public place.

He:

• Carried a handgun on or about his person under the authority of Subchapter H, Chapter 411 and
• Intentionally displayed the handgun
• In plain view of another person
• In a public place

Checkmark in all 4 boxes violates 46.035. Sounds like a clear violation to me.


With all that being said, flashing your gun is never a good idea. You draw when your life (or the lives of others) is in danger. You shoot when you have no other choice. Flashing your gun when your life is not in danger is brandishing and can land you in a heap of trouble.

[jmra]

I think the OP might feel like this horse right about now:


We all make mistakes and hopefully we all learn from them.

Welcome to the forum.

[mojo84]

I think the OP might feel like this horse right about now:


We all make mistakes and hopefully we all learn from them.

Welcome to the forum.

We've all felt like the dead horse at times. I guess, it's part of the forum hazing process.

[canvasbck]

So, as a CHL and guy who generally likes to talk about guns, if I was your boss and found you were breaking policy, I'd follow same policy and take appropriate action.

Now, your manager is probably violating policy by ignoring the infraction, and his livelihood is in jeopardy. I wouldn't allow this to affect my family by being the one who gets fired for this, so guess who goes before I do? If he did so, he wouldn't be a jerk anti-gun power hungry boss, he'd simply be a guy following the rules, providing for his family.

I'm am quite possibly the most pro carry person at the facility I work at. But I still work here and have a job to do, that job is to carry out the wishes of my company. I had to write our facility firearms policy that I don't personally agree with, and I have had to enforce the company's anti-gun policy. As a supervisor, you left him in a spot where he really has no option other than to take action on your violation of company policy.

[Rrash]

I forgot to add... Please give me your opinions on this... Was I the fool for displaying my weapon to him? I feel that despite the circumstances it was still inappropriate to display my weapon even though well-intended.

I think you've gotten enough feedback, but I did want to welcome you to the forum. Also, thank you for sharing your story, because a lot of people have felt the way you did about wanting to show their weapon, or they might have shown their weapon just like you did. I know I felt that way when I first started carrying. I have learned over time, however, its best to say nothing and stay concealed.

A funny anecdote: I learned this same lesson the hard way when I was at one of my best friend's house. He asked me about my CHL, my handgun, etc. I offered to show it to him and he obliged (he has dozens of firearms). Upon the drawing and clearing of my weapon (before presenting it to him), his shocked wife discovered I was carrying, which did not quite go over as expected. At full volume, she began to express her feelings toward me carrying in her house. Like every husband in that situation, he wisely kept his mouth shut, knowing that any resemblance of a logical defense would mean him sleeping on the couch. I accepted her rant as verbal notice, and now disarm when I go over to their house. That was years ago, and although we all laugh about it now, I still disarm.

Looking back on it, I don't think it was the firearm that caused her reaction. It was her surprise that she didn't know combined with the fact that she was in her home with her guard down.

[AlaskanInTexas]

Agree it wasn't wise. Not entirely convinced that it was illegal (though there is enough support for it being illegal that I would never do it).

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) 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 displays the handgun in plain view of another person in a public place.

He:

• Carried a handgun on or about his person under the authority of Subchapter H, Chapter 411 and
• Intentionally displayed the handgun
• In plain view of another person
• In a public place

Checkmark in all 4 boxes violates 46.035. Sounds like a clear violation to me.

To which his lawyer would probably respond:

He was not carrying under the authority of Subchapter H, Chapter 411. He was on premises under his control, within the meaning of Tex Penal Code Sec. 46.02(a)(1).

I would never want to have to make that argument, because there are a slew of arguments for why the premises were not under his control. That's why I always feel a bit nervous for the gun store employees who openly carry.

[Aggie_engr]

Sounds like a troll story to me....

[The Annoyed Man]

Agree it wasn't wise. Not entirely convinced that it was illegal (though there is enough support for it being illegal that I would never do it).

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) 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 displays the handgun in plain view of another person in a public place.

He:

• Carried a handgun on or about his person under the authority of Subchapter H, Chapter 411 and
• Intentionally displayed the handgun
• In plain view of another person
• In a public place

Checkmark in all 4 boxes violates 46.035. Sounds like a clear violation to me.

To which his lawyer would probably respond:

He was not carrying under the authority of Subchapter H, Chapter 411. He was on premises under his control, within the meaning of Tex Penal Code Sec. 46.02(a)(1).

I would never want to have to make that argument, because there are a slew of arguments for why the premises were not under his control. That's why I always feel a bit nervous for the gun store employees who openly carry.

Premises were NOT under his control, they were under his BOSS's control.

[AlaskanInTexas]

Agree it wasn't wise. Not entirely convinced that it was illegal (though there is enough support for it being illegal that I would never do it).

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) 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 displays the handgun in plain view of another person in a public place.

He:

• Carried a handgun on or about his person under the authority of Subchapter H, Chapter 411 and
• Intentionally displayed the handgun
• In plain view of another person
• In a public place

Checkmark in all 4 boxes violates 46.035. Sounds like a clear violation to me.

To which his lawyer would probably respond:

He was not carrying under the authority of Subchapter H, Chapter 411. He was on premises under his control, within the meaning of Tex Penal Code Sec. 46.02(a)(1).

I would never want to have to make that argument, because there are a slew of arguments for why the premises were not under his control. That's why I always feel a bit nervous for the gun store employees who openly carry.

Premises were NOT under his control, they were under his BOSS's control.

That may be right, but I don't think we should be so quick to conclude that a person is not controlling the premises. Some on here seem to take the view that you have to be the top dog on the premises to control them; I would argue for a more expansive definition of control that would allow multiple people to control the premises at the same time. For example, if you are saying that the guy doesn't control the premises because his boss is on the scene, then does the boss lose his right to open carry when a higher-ranking boss walks through the door? Does that higher ranking boss lose his right when the owner walks through the door? I'd say that if the guy can tell people to leave the store, lock the doors, go places customers can't, has a locker, etc, he has a valid argument that he controls the premises, notwithstanding the fact that there is someone else above him with greater control.

Another example - say instead of being at work, the original poster was at his supervisor's house for a BBQ and wanted to show him his gun. Well if we conclude that his license to be on his supervisor's property doesn't give him some control over the premises, then showing the gun would be illegal. I'm sure this would make close to 100% of us criminals.