Failure to Conceal?

[AustinBoy]

I am still unclear about the law on this one.

If the topic comes up and I feel comfortable, can I show someone my carry weapon?

Scenario:
I went to a local coin store the other day. I have been there several times and the young guys that work there are really nice.

One guy was open carry and the other was wearing the infamous vest as well as a shotgun leaning against the wall.

I was the only customer in the store.

IF the topic had come up and I felt comfortable verbally disclosing that I am carrying (is that legal?) and he has asked to see my carry weapon, could I have legally pulled it out to show him?

This is a question about the law, not what to do. I have never disclosed verbally or physically that I am carrying other than to my wife.
I really cant imagine that I ever would. Concealed is concealed.

Thanks
AB

[RPB]

I am still unclear about the law on this one.

If the topic comes up and I feel comfortable, can I show someone my carry weapon?

Scenario:
I went to a local coin store the other day. I have been there several times and the young guys that work there are really nice.

One guy was open carry and the other was wearing the infamous vest as well as a shotgun leaning against the wall.

I was the only customer in the store.

IF the topic had come up and I felt comfortable verbally disclosing that I am carrying (is that legal?) and he has asked to see my carry weapon, could I have legally pulled it out to show him?

This is a question about the law, not what to do. I have never disclosed verbally or physically that I am carrying other than to my wife.
I really cant imagine that I ever would. Concealed is concealed.

Thanks
AB

Oversimplified quick answer= NO, we licensees are not allowed to show handgun intentionally, unless you are on your own "premises"/"premises" under your control

Texas Penal Code Section 46.035(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 fails to conceal the handgun.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Also See
Accidental view of weapon
viewtopic.php?f=7&t=53656#p654155" onclick="window.open(this.href);return false;

[C-dub]

Another reason I don't have one of those fancy guns.

[RHenriksen]

Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

[The Annoyed Man]

Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

The only place I've ever done that was at Euless guns & Ammo, and I was in the back in the gunsmith shop, and it was just me and the gunsmith in the room at the time. So while it wasn't on my property, it was definitely in private. I am not convinced that this would be anymore illegal than if you were in the privacy of someone else's home and it was with their consent.

[C-dub]

Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

The only place I've ever done that was at Euless guns & Ammo, and I was in the back in the gunsmith shop, and it was just me and the gunsmith in the room at the time. So while it wasn't on my property, it was definitely in private. I am not convinced that this would be anymore illegal than if you were in the privacy of someone else's home and it was with their consent.

I remember this thread from a couple years ago. viewtopic.php?f=7&t=38771&hilit=unconce ... erson+home" onclick="window.open(this.href);return false;

I didn't read through all of it again, but think the conclusion was that intentionally unconcealing anywhere but our own home or at the direction of an officer or when NEEDED was illegal. I think Charles or Steven weighed in there somewhere and might have agreed, but admitted that prosecution was unlikely due to the unlikely possibility of an actual complaint being made and or the police even being called.

[The Annoyed Man]

Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

The only place I've ever done that was at Euless guns & Ammo, and I was in the back in the gunsmith shop, and it was just me and the gunsmith in the room at the time. So while it wasn't on my property, it was definitely in private. I am not convinced that this would be anymore illegal than if you were in the privacy of someone else's home and it was with their consent.

I remember this thread from a couple years ago. viewtopic.php?f=7&t=38771&hilit=unconce ... erson+home" onclick="window.open(this.href);return false;

I didn't read through all of it again, but think the conclusion was that intentionally unconcealing anywhere but our own home or at the direction of an officer or when NEEDED was illegal. I think Charles or Steven weighed in there somewhere and might have agreed, but admitted that prosecution was unlikely due to the unlikely possibility of an actual complaint being made and or the police even being called.

I guess that could be true, but like you said, who's gonna call the cops with a complaint?

[RPB]

Eh - if the only people in the private establishment are gun friendly, and I have a personal relationship with them, I'm not opposed to show & tell. But I unload the firearm before I hand it off to anyone to look at.

If there is *anyone* else (general public) around, then I wouldn't.

The only place I've ever done that was at Euless guns & Ammo, and I was in the back in the gunsmith shop, and it was just me and the gunsmith in the room at the time. So while it wasn't on my property, it was definitely in private. I am not convinced that this would be anymore illegal than if you were in the privacy of someone else's home and it was with their consent.

I remember this thread from a couple years ago. viewtopic.php?f=7&t=38771&hilit=unconce ... erson+home" onclick="window.open(this.href);return false;

I didn't read through all of it again, but think the conclusion was that intentionally unconcealing anywhere but our own home or at the direction of an officer or when NEEDED was illegal. I think Charles or Steven weighed in there somewhere and might have agreed, but admitted that prosecution was unlikely due to the unlikely possibility of an actual complaint being made and or the police even being called.

I guess that could be true, but like you said, who's gonna call the cops with a complaint?

I just answered the question, not what goes on at church which a cousin pastors or cousin's house or the like ... because ...

could I have legally pulled it out to show him?

This is a question about the law, not what to do.

And ... Thanks for that other thread link, I didn't find it earlier

viewtopic.php?f=7&t=38771&hilit=unconce ... 30#p463482" onclick="window.open(this.href);return false;
Stephen is absolutely correct.

No person can give you permission to violate a Penal Code provision, so your friend cannot give you permission to violate TPC §46.035(a) and intentionally fail to conceal your handgun.

When you are in your friend's home, you are carrying pursuant to the authority of your CHL so TPC §46.035(a) applies. Your friend does not transfer control of his home to you merely by granting permission to enter with a gun, or to use the restroom, or to get a drink of water. Sorry, this isn't the least bit ambiguous and the courts would reject that argument summarily. At most, your friend would be "granting" you control over your own firearm, not his home.

As Stephen said, the OP's scenario is one in which a violation of TPC §46.035(a) would occur (intentional failure to conceal), but there is little chance of prosecution because there would be no complaining witness. Let's extend this hypothetical and say your friend's mother in law is Sarah Brady and she comes in and sees you handling your handgun. She panics and calls the police. It won't help for your friend to tell the police "it's okay, I said he could show his handgun" anymore than he could tell them "I gave him permission to bring his cocaine into my home." No one can give another person permission to violate the law.

Chas.

[C-dub]

Except for a LEO.

[barstoolguru]

why do I see a man getting robbed of his gun because he talks to much about it

[recaffeination]

I guess that could be true, but like you said, who's gonna call the cops with a complaint?

just like carrying at a professional sports game if you conceal right.

[Longshot38]

Look it is this simple. If you are in a friendly environment (your home, friends home, private venue with people whom you know) then a little show and tell is a non-issue. The people around you probably already know that you carry and should be good with that. However when out and about in a unfriendly environment (on the street, in stores, public venue where joe blow off the street is welcome to walk in whenever he fells the urge) then show and tell is completely illegal and inappropriate.

[Purplehood]

I might be concerned about the store video...

[Chaz7138]

Just a thought, if god forbid, the gun were to discharge someone is probably going to call the cops. Once they arrive the offender is probably going to be charged with discharging a firearm in a public place, failure to conceal, if the person is a CHL holder, if not unlawfully carrying a firearm and if the bullet hits someone a couple of other charges depending on the extent of injury. Remember no civilian can obsolve you of adhering to the Texas Penal code !,

[bigbang]

The chance of being caught doesn't change the legality or illegality of the act. Getting drunk at a friend's house while carrying under the authority of your CHL doesn't become legal simply because nobody there will call the cops.