Accidental exposure of concealed handgun

[03fmgt]

I am a new chl holder. I was a little concerned what might happen if my concealed handgun were unintentional exposed. I wear a owb holster, but sometimes at work I must reach up. I wear long under shirts, and my work shirt over that untucked which give me plenty of cover. Just wonder what the reperrcusions could be if it were accidentally exposed?

[Texas Dan Mosby]

There's a few threads on this subject somewhere around here if you search, but the bottom line is that the issue comes down to "intent".

"Unintentional" exposure is not unlawful.

However...

WHO determines intent? You? A citizen who freaks out because they see an exposed firearm and calls the cops? The LEO who shows up and questions you about the event? Or the court when you are forced to prove that the act was indeed "unintentional"?

While we are innocent until proven guilty in a court of law, that doesn't mean we can't face charges due to circumstances that may be beyond our control.

Keep it concealed, and if for some reason you find your firearm exposed, simply cover it up and go about your business. Most people won't notice anyway.

[srothstein]

There are really several possibilities:

1. No one could notice since the exposure is too brief. Nothing happens in this case.

2. Someone could notice and call the police. This yields three further possibilities:
A. The police arrest you for not concealing properly. This is not the law, but some police are not truly aware of the law. You should win in court or through the
DA, but it could be a hassle.
B. The police arrest you for disorderly conduct, displaying a weapon in a manner calculated to alarm. Again, not really the law, but it could happen. It would
also be a little harder for you to win this case since someone must have been alarmed enough to call the police.
C. The police tell you to be more careful after checking your ID and CHL. I think this is mroe likely than the other two possibilities, but I could not guarantee it.

3. Someone notices it, thinks you are getting ready to rob the place, and pulls their own gun and shoots you. Not a very likely possibility in most cases, but it is a chance you need to be aware of. I hope the other CHL's, and those carrying in other ways, would not shoot on sight, but some police chiefs have said that is how their men are trained.


On a more serious note, I will point out that Texas law specifically says that the failure to conceal requires intent, so an accidental display should mean nothing. But there was a story posted here a few weeks ago about one of the members who was arrested when his weapon printed against his shirt.

[nyj]

do you have a link to that thread?

[steveincowtown]

but sometimes at work I must reach up.

The ramifcations of accidenal exposure at work would really depend on your work place policy. I think other have answred regarding the ramificaitons outside of work.

[b322da]

Once again, when Steve Rothstein speaks, the wise man listens. A dramatic post again pointing out the difference sometimes between the law and common sense, and while one might be quite correct in his or her legal position, funny (?) things can happen on the way to the courthouse. And perhaps one should be as knowledgeable about when it is appropriate to assert a right as he or she is aware of the existence of the right. (I am not arrogant enough to put words in Steve's mouth; only drawing some analogies.)

Well said, Steve.

Elmo

[A-R]

Yep, Steve's is a voice of experience and wisdom. There are LEGAL ramifications and EMPLOYMENT ramifications.

For a quick discussion of the relevant LEGAL statutes, see my post in this thread viewtopic.php?f=53&t=44320" onclick="window.open(this.href);return false;

For relevant EMPLOYMENT ramifications, consult your employee handbook and reference Penal Code 30.06 and Government Code 411.203

For common sense, reference that portion of your own brain

[WildBill]

I am a new chl holder. I was a little concerned what might happen if my concealed handgun were unintentional exposed. I wear a owb holster, but sometimes at work I must reach up. I wear long under shirts, and my work shirt over that untucked which give me plenty of cover. Just wonder what the reperrcusions could be if it were accidentally exposed?

What does your employer have to say about concealed carry at work?

[03fmgt]

I own my own business, so as far as I'm concerned. If you are licensed. You are aloud. Thanks for all the feed back to the veteran chl holders. I found a perfect conceal carry holster at the local tactical supply shop. A black hawk level two holster that has adjustable pivots for angle. It works very well, and the pistol sits higher on my hip for less chance of being exposed. Again, thanks.

[wgoforth]

There are really several possibilities:

1. No one could notice since the exposure is too brief. Nothing happens in this case.

2. Someone could notice and call the police. This yields three further possibilities:
A. The police arrest you for not concealing properly. This is not the law, but some police are not truly aware of the law. You should win in court or through the
DA, but it could be a hassle.
B. The police arrest you for disorderly conduct, displaying a weapon in a manner calculated to alarm. Again, not really the law, but it could happen. It would
also be a little harder for you to win this case since someone must have been alarmed enough to call the police.
C. The police tell you to be more careful after checking your ID and CHL. I think this is mroe likely than the other two possibilities, but I could not guarantee it.

3. Someone notices it, thinks you are getting ready to rob the place, and pulls their own gun and shoots you. Not a very likely possibility in most cases, but it is a chance you need to be aware of. I hope the other CHL's, and those carrying in other ways, would not shoot on sight, but some police chiefs have said that is how their men are trained.


On a more serious note, I will point out that Texas law specifically says that the failure to conceal requires intent, so an accidental display should mean nothing. But there was a story posted here a few weeks ago about one of the members who was arrested when his weapon printed against his shirt.

Or possibly a 4th? Someone notices and assumes you are plain closthed or off duty? I have occassionaly seen an exposure and wondered if they were LEO myself...

[WildBill]

I own my own business, so as far as I'm concerned. If you are licensed. You are aloud. Thanks for all the feed back to the veteran chl holders. I found a perfect conceal carry holster at the local tactical supply shop. A black hawk level two holster that has adjustable pivots for angle. It works very well, and the pistol sits higher on my hip for less chance of being exposed. Again, thanks.

If you are the owner at your own business then you are allowed to open carry, so there should be no legal consequences if you accidently expose yourself. You might scare someone, but you wouldn't get arrested.

[Ameer]

Or possibly a 4th? Someone notices and assumes you are plain closthed or off duty? I have occassionaly seen an exposure and wondered if they were LEO myself...

A fifth possibility is being gunned down by police, especially in the Las Vegas area.

[wgoforth]

I own my own business, so as far as I'm concerned. If you are licensed. You are aloud. Thanks for all the feed back to the veteran chl holders. I found a perfect conceal carry holster at the local tactical supply shop. A black hawk level two holster that has adjustable pivots for angle. It works very well, and the pistol sits higher on my hip for less chance of being exposed. Again, thanks.

If you are the owner at your own business then you are allowed to open carry, so there should be no legal consequences if you accidently expose yourself. You might scare someone, but you wouldn't get arrested.

Half the gun shops I go to, the staff is OC-ing as it is their store, FWIW.