Yeah, the way 46.02 changes, plain view out of holster is a violation.…
I think the other issue is that you let your guard slip by allowing someone to see you becoming armed…
How did I let my guard slip? I could have just open carried. Not given a flip about concealing.So the question is what will WalMart policy be on 9/1?
I think the other issue is that you let your guard slip by allowing someone to see you becoming armed. I can't blame the person that turned you into security as technically you were in the wrong but I have been in the same situation trying to go from stashed in the car to becoming concealed.
Security guards know the law? Even lawyers don't understand the law.
Technically you did not have your gun in a belt or shoulder carry holster while you were manipulating it to put it on your belt and obviously "alarmed" the person that saw you. To carry openly it must be in a belt or shoulder holster that you are wearing, not about to put on, correct? You alarmed a bystander in the transition phase of concealing it. I have been in the same spot myself and it can be hard to conceal a weapon when going from a car stash to wherever you carry conceal. We just need to be very careful when rearming ourselves in these situations to not let the public see us. Can be hard to do.How did I let my guard slip? I could have just open carried. Not given a flip about concealing.
Actually my weapon was in a “ belt ” holster the whole time. I see nothing in the law that says it has to be on your body the complete time.Technically you did not have your gun in a belt or shoulder carry holster while you were manipulating it to put it on your belt and obviously "alarmed" the person that saw you. To carry openly it must be in a belt or shoulder holster that you are wearing, not about to put on, correct? You alarmed a bystander in the transition phase of concealing it. I have been in the same spot myself and it can be hard to conceal a weapon when going from a car stash to wherever you carry conceal. We just need to be very careful when rearming ourselves in these situations to not let the public see us. Can be hard to do.
We don't have a brandishing law in Texas but manipulating a firearm that alarms a member of the public can get one in trouble.
From Toddnjoyce, The very few times I’ve armed/disarmed in a civilian vehicle I’ve made sure all doors closed, windows up, (mine are all dark tinted) and the windshield sun reflector in place.
Technically you did not have your gun in a belt or shoulder carry holster while you were manipulating it to put it on your belt and obviously "alarmed" the person that saw you. To carry openly it must be in a belt or shoulder holster that you are wearing, not about to put on, correct? You alarmed a bystander in the transition phase of concealing it. I have been in the same spot myself and it can be hard to conceal a weapon when going from a car stash to wherever you carry conceal. We just need to be very careful when rearming ourselves in these situations to not let the public see us. Can be hard to do.
We don't have a brandishing law in Texas but manipulating a firearm that alarms a member of the public can get one in trouble.
From Toddnjoyce, The very few times I’ve armed/disarmed in a civilian vehicle I’ve made sure all doors closed, windows up, (mine are all dark tinted) and the windshield sun reflector in place.
Come 1 Sep, that practice will be a violation of TPC 46.02 thanks to HB1927. While a security guard can't do jack sh!t about it, LEO can....rearmed in the parking lot before going in ( common practice )...
You may be right and you also did not intentionally display your weapon but the term " on or about the license holder’s person " is used so often in the law that I interpret that to mean that my walking around with a holster that is in a shoulder or belt holster but not on my shoulder or belt is probably not legal for open carry but what do I know.Actually my weapon was in a “ belt ” holster the whole time. I see nothing in the law that says it has to be on your body the complete time.
ThanksCome 1 Sep, that practice will be a violation of TPC 46.02 thanks to HB1927. While a security guard can't do jack sh!t about it, LEO can.
SECTION 22. Section 46.02, Penal Code, is amended by amending Subsections (a), (a-1), and (b) and adding Subsections (a-5), (a-6), (a-7), (a-8), and (e) to read as follows:
...
(a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster.
....
IIRC, that'll become a Class A misdemeanor.
Let me throw out this hypothetical scenario, with the same thing happening to @mongoose, if it were set ahead, after September 1st. when the new law goes in effect.
With the given new changes to the law as @toddnjoyce described, would that change how Mongoose could or should have reacted or dealt with the same scenario?
Let me throw out this hypothetical scenario, with the same thing happening to @mongoose, if it were set ahead, after September 1st. when the new law goes in effect.
With the given new changes to the law as @toddnjoyce described, would that change how Mongoose could or should have reacted or dealt with the same scenario?
I think the meaning of the words " intentionally displays " are very different than what actually happened, which was accidentally expose, or briefly exposeCome 1 Sep, that practice will be a violation of TPC 46.02 thanks to HB1927. While a security guard can't do jack sh!t about it, LEO can.
SECTION 22. Section 46.02, Penal Code, is amended by amending Subsections (a), (a-1), and (b) and adding Subsections (a-5), (a-6), (a-7), (a-8), and (e) to read as follows:
...
(a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster.
....
IIRC, that'll become a Class A misdemeanor.
Went to the mall last week (don’t ask) for the first time in maybe 10 years. There was a “gun buster” sign (picture of a gun crossed out with a red line) on literally every single door and even placards placed in several areas inside the mall. The signs stated that guns were not allowed and said they had security guards and gun sniffing dogs to check! I can tell you now, it will be at least another 20 years before I go back!
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That sign with accompanying picture was posted somewhere else already. Does not have an effect on LTC holder but according to Texas Law Shield lawyers that will be a valid no entry sign for CC holders, or so they say. Someone said those exact signs have been up for years.Went to the mall last week (don’t ask) for the first time in maybe 10 years. There was a “gun buster” sign (picture of a gun crossed out with a red line) on literally every single door and even placards placed in several areas inside the mall. The signs stated that guns were not allowed and said they had security guards and gun sniffing dogs to check! I can tell you now, it will be at least another 20 years before I go back!
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