Alright! SB 299 passed the house & senate. We are getting "imprinting" in Texas!!!!

[dalto]

So. I agree that the bill was better initially but I still think it is a step in the right direction.

IMO, "display" is less open to interpretation than "failure to conceal".

 

[txinvestigator]

Um I respectfully disagree sir, imprinting is an offense at the moment. Your concealed weapon MUST be 100% invisible right now. With the passage of SB299, it will no longer be an offense to imprint. It is a step in the right direction at least. - For Liberty.

Can you define "imprinting" for us and show us the law that makes it illegal. I want to be sure I teach my CHL students correctly.

 

[schang]

Can you define "imprinting" for us and show us the law that makes it illegal. I want to be sure I teach my CHL students correctly.

Again, I'm very sorry sir. It was my fault for not researching this more. Didn't mean to offend or start any trouble. I was clearly wrong. <embarrassed>

 

[schang]

[FONT=&amp]BACKGROUND AND PURPOSE [/FONT]

[FONT=&amp]Current law prohibits the intentional failure to conceal a handgun by a person licensed to carry a concealed handgun. Many concealed-carry licensees fear that this language is too broad, and that it could lead to prosecutions in situations where the display of the weapon is inadvertent or where the display of a handgun takes place in a private place in an unthreatening manner, like the home of a friend. These individuals point out that similar occurrences have resulted in criminal charges against concealed-carry licensees in other states.[/FONT] [FONT=&amp]Additionally, a recent opinion from the Dallas Court of Appeals has many concerned that courts interpret the current wording of the affirmative defense to the crime of failing to conceal too narrowly. The Dallas Court of Appeals held that this affirmative defense allowed a concealed handgun licensee to draw a handgun only when use of deadly force is authorized. These individuals argue that this holding conflicts with Section 9.04 (Threats as Justifiable Force) of the Texas Penal Code, which provides that a weapon may be displayed legally in situations where deadly force is not yet justified "when the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary. . . ."[/FONT] [FONT=&amp]The committee substitute to this bill would fix both issues by clearly stating that failure to conceal a handgun is only illegal when the gun is displayed in plain view of another person in a public place and clarifying that it is an affirmative defense to this offense that the weapon was displayed pursuant to a justified use of force, as well as deadly force, under Chapter 9 (Justification Excluding Criminal Responsibility) of the Texas Penal Code. [/FONT] [FONT=&amp]S.B. 299[/FONT][FONT=&amp] amends current law relating to the intentional display of a handgun by a person licensed to carry a concealed handgun.[/FONT]

I have read this a dozen times now. I really do think SB299 clears things up and gives us more protection if our gun "prints" under our shirt.

 

[matefrio]

shang, no problem, just fill out this form.

 

[schang]

LOL! Love that! I will practice my writing diligently!

shang, no problem, just fill out this form.

 

[Younggun]

Alright! SB 299 passed the house &amp; senate. We are getting "imprinting" in Texas

It does seem that this law clears up an argument from a while back about having friends over and OCing at a backyard BBQ.

 

[matefrio]

It does seem that this law clears up an argument from a while back about having friends over and OCing at a backyard BBQ.

There are times when your license is used, there are times where it's not used.

 

[txinvestigator]

It does seem that this law clears up an argument from a while back about having friends over and OCing at a backyard BBQ.

How does it do that? Not disagreeing with you, just looking for reasoning....

 

[Younggun]

Alright! SB 299 passed the house &amp; senate. We are getting "imprinting" in Texas

How does it do that? Not disagreeing with you, just looking for reasoning....

It changes section A of 46.035

"(a)AAA license holder commits an offense if the license
holder carries a handgun on or about the license holder’s person under the authority of SubchapterH,Chapter411,GovernmentCode, and intentionally displays [fails to conceal] the handgun in plain view of another person in a public place."

My understanding is that a back yard with privacy fence wouldn't be considered a public place so intentional display would be OK in someone else's back yard so long as it had a privacy fence(not a public place).

It would only apply to CHL holders it seems.

Ok, I'm ready to be corrected now, lol.

 

[Mexican_Hippie]

As enrolled...

AN ACT
	relating to the intentional display of a handgun by a person
	licensed to carry a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subsections (a) and (h), Section 46.035, Penal
	Code, are amended to read as follows:
	(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 [fails to conceal] the handgun in plain
	view of another person in a public place.
	(h) It is a defense to prosecution under Subsection (a) that
	the actor, at the time of the commission of the offense, displayed
	the handgun under circumstances in which the actor would have been
	justified in the use of force or deadly force under Chapter 9.
	SECTION 2. The change in law made by this Act applies only to
	an offense committed on or after the effective date of this Act. An
	offense committed before the effective date of this Act is governed
	by the law in effect on the date the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this section, an offense was committed before the effective date of
	this Act if any element of the offense occurred before that date.
	SECTION 3. This Act takes effect September 1, 2013.

 

[Younggun]

Alright! SB 299 passed the house &amp; senate. We are getting "imprinting" in Texas

Damn that's jumbled on my phone.

These things never seem to paste well.


(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 [fails to conceal] the handgun in plain view of another person in a public place.

The red is what I was referring to. Couldn't get my previous post to edit for some reason.

 

[Mexican_Hippie]

So if you have a CHL, and you're at a buddy's house eating BBQ, and you want to display you hand gun that would be legal now? There will be all sorts of issues that causes.

This will surely be abused by those who think that pork is BBQ as well. I think it should be restricted to brisket, because that's the only real BBQ in Texas.

 

[Younggun]

Alright! SB 299 passed the house &amp; senate. We are getting "imprinting" in Texas

Lol, new thread on OC BBQs needed?

I'm guessing it would not apply to any yard without a privacy fence. So you can only get away with it if no one would have known you were doing it.

An yes, brisket is the real BBQ.

 

[AlamoMIA]

It is definitely not an OC bill, but it gives Texas CHL's a bit more breathing room. particularly with an IWB holster , and reasonable effort to obscure from plain view.

 

[espy59lc]

I had a co-worker get in an argument with me saying "I just took my CHL class, and they said its ILLEGAL to print in Texas!" I tried telling him over and over that it's NOT ILLEGAL to print in Texas. I tried telling him to get on the forum and read for himself, but he refused to believe me because his CHL instructor told him otherwise.

 

[majormadmax]

Still not a substantial change. If HB700 were to pass, it would be inconsequential...and even if it doesn't (as it appears it won't), the gain from this if passed is nominal at best.

This state is still considerably lagging when it comes to the rights of gun owners, such small advances such as SB299 isn't going to catch us up anytime soon!

 

[majormadmax]

I had a co-worker get in an argument with me saying "I just took my CHL class, and they said its ILLEGAL to print in Texas!" I tried telling him over and over that it's NOT ILLEGAL to print in Texas. I tried telling him to get on the forum and read for himself, but he refused to believe me because his CHL instructor told him otherwise.

Forget the forum, tell him to show it to you in the Penal Code. If it's not prohibited there, then it's not prohibited.

 

[espy59lc]

Forget the forum, tell him to show it to you in the Penal Code. If it's not prohibited there, then it's not prohibited.

I agree, but I don't think he'd know where to begin in the Penal Code. lol

 

[Driller]

In some sense you would be legal if you sprayed some kind of dark adhesive on your stomach while you had a handgun laying on it so as to completely cover it up. It would leave a perfect imprint of the gun but would be concealed. I would not recommend doing this unless it was one of those crappy mod 1911. Probably draw some kind of unwanted attention but I think legally you would be ok...Discussion?