"Concealed" ?

The "What Works, What Doesn't," "Recommendations & Experiences"

Moderators: carlson1, Crossfire

User avatar

tacticool
Senior Member
Posts in topic: 1
Posts: 1486
Joined: Tue May 12, 2009 2:41 pm

Re: "Concealed" ?

#16

Post by tacticool »

bobcat50 wrote:I know what the law states about your weapon being "concealed", and "discearnable" but is it against the law if someone suspects or has general knowledge that you carry?
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.
When in doubt
Vote them out!
User avatar

Jasonw560
Senior Member
Posts in topic: 3
Posts: 1294
Joined: Thu Dec 16, 2010 4:45 pm
Location: Harlingen, TX

Re: "Concealed" ?

#17

Post by Jasonw560 »

tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.
Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.
NRA EPL pending life member

"The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government"- Patrick Henry
User avatar

TXlaw1
Senior Member
Posts in topic: 2
Posts: 227
Joined: Sat Jul 03, 2010 11:30 pm

Re: "Concealed" ?

#18

Post by TXlaw1 »

Jasonw560 wrote:
tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.
Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.
You guys, that is a great illustration of the law of concealed handgun carrying! Thanks.
Jesus said, "And the one who has no sword must sell his cloak and buy one." (Luke 22:36 NET) Also, Jesus said, "When a strong man, fully armed, guards his own homestead, his possessions are undisturbed"(Luke 11:21 NAS)
User avatar

OldSchool
Senior Member
Posts in topic: 2
Posts: 728
Joined: Sat Nov 21, 2009 9:01 pm
Location: Brazoria County

Re: "Concealed" ?

#19

Post by OldSchool »

TXlaw1 wrote:
Jasonw560 wrote:
tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.
Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.
You guys, that is a great illustration of the law of concealed handgun carrying! Thanks.
:iagree:
Although I've gotta get those images out of my mind now.... "rlol"
Life is for learning.
IANAL, thank gosh!
NRA Life Member - TSRA - PSC
NRA Certified Basic Rifle Instructor, Chief Range Safety Officer

12/23/2009: Packets delivered.
01/15/2010: Plastic in hand!
User avatar

Excaliber
Moderator
Posts in topic: 4
Posts: 6198
Joined: Tue May 27, 2008 9:59 pm
Location: DFW Metro

Re: "Concealed" ?

#20

Post by Excaliber »

TXlaw1 wrote:
Jasonw560 wrote:
tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.
Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.
You guys, that is a great illustration of the law of concealed handgun carrying! Thanks.
I gotta remember that one. It's a classic!
Excaliber

"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
User avatar

HotLeadSolutions
Senior Member
Posts in topic: 1
Posts: 448
Joined: Wed Dec 15, 2010 5:50 pm
Location: Rowlett, TX

Re: "Concealed" ?

#21

Post by HotLeadSolutions »

Jasonw560 wrote:
tacticool wrote:[
I can suspect or have general knowledge what someone has inside their pants but it's not a crime unless they intentionally fail to conceal.
Hope you don't routinely ask if that's a roll of quarters in their pocket....Of course, if they fail to conceal, that's called lewd and lascivious behavior.

Or in some cases a roll of dimes.... "rlol"
Daniel
CHL Instructor
Dallas Concealed Carry
http://www.DallasConcealedCarry.com
User avatar

RiverCity.45
Senior Member
Posts in topic: 1
Posts: 292
Joined: Sun Aug 16, 2009 10:26 pm
Location: San Antonio, TX

Re: "Concealed" ?

#22

Post by RiverCity.45 »

I seriously doubt that people who don't have a CHL think "gun" when they see a fanny pack. Just because you do doesn't mean anyone else does. Now, other CHL carriers might, but most of the population doesn't fall in that catagory.

Relax. It matters not what others think is in your fanny pack. They are more likely to have thoughts about the fashion faux pas a fanny pak represents. Unless they are criminals, who will likely assume there is money or valuables inside.
9/21/09 - Received license
"Nothing is so dangerous as an idea when it is the only one you have." - Emile Chartier

RPB
Banned
Posts in topic: 4
Posts: 8697
Joined: Tue Nov 17, 2009 8:17 pm

Re: "Concealed" ?

#23

Post by RPB »

RiverCity.45 wrote:I seriously doubt that people who don't have a CHL think "gun" when they see a fanny pack. Just because you do doesn't mean anyone else does. Now, other CHL carriers might, but most of the population doesn't fall in that category.

Relax. It matters not what others think is in your fanny pack. They are more likely to have thoughts about the fashion faux pas a fanny pack represents. Unless they are criminals, who will likely assume there is money or valuables inside.
:iagree: When most people see one they probably think TOURIST !!!
I'm no lawyer

"Never show your hole card" "Always have something in reserve"
User avatar

Jasonw560
Senior Member
Posts in topic: 3
Posts: 1294
Joined: Thu Dec 16, 2010 4:45 pm
Location: Harlingen, TX

Re: "Concealed" ?

#24

Post by Jasonw560 »

RPB wrote:
RiverCity.45 wrote:I seriously doubt that people who don't have a CHL think "gun" when they see a fanny pack. Just because you do doesn't mean anyone else does. Now, other CHL carriers might, but most of the population doesn't fall in that category.

Relax. It matters not what others think is in your fanny pack. They are more likely to have thoughts about the fashion faux pas a fanny pack represents. Unless they are criminals, who will likely assume there is money or valuables inside.
:iagree: When most people see one they probably think TOURIST !!!
Or NERD!! Unless they're also wearing Birkenstocks. Then it's "dirty hippie".
NRA EPL pending life member

"The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government"- Patrick Henry
User avatar

Purplehood
Senior Member
Posts in topic: 2
Posts: 4638
Joined: Thu May 29, 2008 3:35 pm
Location: Houston, TX

Re: "Concealed" ?

#25

Post by Purplehood »

Prior to joining this forum the only thought I had when seeing a guy wearing a fanny-pack was simply, "thank the Lord someone has less fashion-sense than I do".
Life NRA
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07
User avatar

WildBill
Senior Member
Posts in topic: 2
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: "Concealed" ?

#26

Post by WildBill »

Excaliber wrote:
Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?
I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.
What about this scenario?

In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."

An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?
NRA Endowment Member
User avatar

Purplehood
Senior Member
Posts in topic: 2
Posts: 4638
Joined: Thu May 29, 2008 3:35 pm
Location: Houston, TX

Re: "Concealed" ?

#27

Post by Purplehood »

WildBill wrote:
Excaliber wrote:
Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?
I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.
What about this scenario?

In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."

An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?
Taking a wild-guess, that would be a big Yes.
Life NRA
USMC 76-93
USAR 99-07 (Retired)
OEF 06-07
User avatar

Jasonw560
Senior Member
Posts in topic: 3
Posts: 1294
Joined: Thu Dec 16, 2010 4:45 pm
Location: Harlingen, TX

Re: "Concealed" ?

#28

Post by Jasonw560 »

:iagree: I think it would be akin if you drove to the store, and needed something. You paid with your CC that you picked up, without your wallet. When you get there, the clerk says, "I need to see your DL." You don't have it, and say as much. a LEO hears you, and as soon as you get back in your car and drive away, the cop stops you for no license.
NRA EPL pending life member

"The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government"- Patrick Henry
User avatar

gigag04
Senior Member
Posts in topic: 1
Posts: 5474
Joined: Wed May 04, 2005 7:47 pm
Location: Houston

Re: "Concealed" ?

#29

Post by gigag04 »

WildBill wrote:
Excaliber wrote:
Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?
I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.
What about this scenario?

In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."

An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?
For what charge? I wouldn't think you're meeting the elements of any of the weapons offenses by merely discussing a method in which you prefer to carry with a gun store employee. To articulate PC to search, a reasonable person in the officer's position would have to have reason to believe that a crime is occuring and you have evidence of that crime on your person, or that contraband may be found.

Part of establishing that will need to come from why he is there at a gun store in the first place, and why he is listening to you.

If you were in a smoke shop and got in a discussion about how you prefer to smoke weed, I don't think that alone would meet the definition of probable cause.
Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison
User avatar

OldSchool
Senior Member
Posts in topic: 2
Posts: 728
Joined: Sat Nov 21, 2009 9:01 pm
Location: Brazoria County

Re: "Concealed" ?

#30

Post by OldSchool »

gigag04 wrote:
WildBill wrote:
Excaliber wrote:
Divided Attention wrote:OK, here is my dumb question to throw in the mix. In a gun shop, Joe Counterman says "So do you have your CHL?" I answer "yes sir" to which he asks "What do you carry". Is this intentionally failing to conceal - not showing, just telling?
I am not a lawyer, and I cannot provide legal advice. In my understanding concealment as it applies here means hidden from view. Talking about it doesn't visually expose the weapon and so doesn't compromise the concealment requirement.
What about this scenario?

In a gun shop Joe Counterman says, "So do you have your CHL?"
I answer, "No, but I always carry my pistol in my pocket."
Joe Counterman asks, "What do you carry?"
I answer, "I carry a K-TEC in my right pocket."

An LEO is standing near by and hears the conversation.
Does he have probable cause to search and arrest me?
For what charge? I wouldn't think you're meeting the elements of any of the weapons offenses by merely discussing a method in which you prefer to carry with a gun store employee. To articulate PC to search, a reasonable person in the officer's position would have to have reason to believe that a crime is occuring and you have evidence of that crime on your person, or that contraband may be found.

Part of establishing that will need to come from why he is there at a gun store in the first place, and why he is listening to you.

If you were in a smoke shop and got in a discussion about how you prefer to smoke weed, I don't think that alone would meet the definition of probable cause.
I agree that word of mouth would not be sufficient, but that wouldn't necessarily keep you from a traffic stop (unless you give the officer no other reason to stop you -- keep those light bulbs working :evil2: ).
On the other hand, I doubt that search and seizure would require a higher level Reasonable Cause.
Life is for learning.
IANAL, thank gosh!
NRA Life Member - TSRA - PSC
NRA Certified Basic Rifle Instructor, Chief Range Safety Officer

12/23/2009: Packets delivered.
01/15/2010: Plastic in hand!
Post Reply

Return to “New to CHL?”