GC 411.171 (3) - definition of concealed handgun repealed

[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GC 411.171(3) states the definition of a concealed handgun has been repealed effective 1/1/16
(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 437 , Sec. 50, eff.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.

[Charles L. Cotton]

GC 411.171(3) states the definition of a concealed handgun has been repealed effective 1/1/16
(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 437 , Sec. 50, eff.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.

[Breny414]

I was wondering the same... why did they take it out? it seems it still need to be there for 30.07 compliance.

[Charles L. Cotton]

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.

[rob777]

Thanks Charles... very helpful.

[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"?