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Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 11:48 am
by RichardDad
Does accidental exposure when carrying concealed still even apply with the open carry law?

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 11:51 am
by Pariah3j
My understanding is it wouldn't unless it was a 30.07 location.

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 11:52 am
by CleverNickname
Accidental exposure is not a crime right now.

There will not be any legal restriction on changing from concealed to open carry, or vice versa, as long as the person is someplace where both open carry and concealed carry are both legal, and the gun is in a belt or shoulder holster.

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 11:54 am
by mojo84
It hasn't been a problem and it will not be going forward.

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 12:03 pm
by Beiruty
1) "Failure to conceal" was no more since September 2013.
2) Open Carry, Partial Carry or Concealed carry are legal in 13 hrs.

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 12:13 pm
by casp625
I would say if you are pocket carrying or ankle carrying then you might have a potential issue with this...

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 12:16 pm
by mojo84
casp625 wrote:I would say if you are pocket carrying or ankle carrying then you might have a potential issue with this...
Not if it is truly accidental exposure. Intentionally exposing it would be a problem.

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 12:22 pm
by casp625
mojo84 wrote:
casp625 wrote:I would say if you are pocket carrying or ankle carrying then you might have a potential issue with this...
Not if it is truly accidental exposure. Intentionally exposing it would be a problem.
Like pocket carrying a full size and having the grips exposed :biggrinjester:

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 12:24 pm
by amaly23
Accidental exposure isn't a crime. Only intentional exposure of the gun, without carrying it in a holster is a crime.

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 12:28 pm
by camjr
Just put a big Ruger Redhawk in a shoulder holster and cram it in your pants pocket. I don't think I've seen that the shoulder holster has to be actually worn on the shoulder. That is, unless the law says "properly worn" or some legaleze like that... :biggrinjester:

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 12:29 pm
by Embalmo
I'm thinking that accidental exposure won't cause the panic it once did as people get accustomed to seeing non-LE open carrying. I'm looking forward to reaching up with my right arm without holding down my shirt with my left.

Embalmo

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 2:16 pm
by wrinkles
Beiruty wrote:1) "Failure to conceal" was no more since September 2013.
2) Open Carry, Partial Carry or Concealed carry are legal in 13 hrs.
I guess this would cover printing? I have a few shirts that I can't wear owb because of printing.

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 2:21 pm
by oljames3
wrinkles wrote:
Beiruty wrote:1) "Failure to conceal" was no more since September 2013.
2) Open Carry, Partial Carry or Concealed carry are legal in 13 hrs.
I guess this would cover printing? I have a few shirts that I can't wear owb because of printing.
Texas law says:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

Text of subsection effective until January 01, 2016

(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.
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

With apologies to Yoda, you can intentionally display or not intentionally display. There is no printing.

Re: Does accidental exposure when carrying concealed still even apply with the open carry law?

Posted: Thu Dec 31, 2015 3:11 pm
by thetexan
The rule involves intentional display. Unintentional display is not a violation. And this all involves concealed carry. You can't violate any rule regarding the intentional or unintentional display of open carry as it relates to display, (unless the display is calculated to alarm). Only how it is is carried when it is intentionally displayed.

So if you do display your weapon INTENTIONALLY you had better have it in a belt holster or shoulder holster AND NOT DOING SO WITH CALCULATION TO ALARM SOMEONE.

tex