Governor Perry was busy yesterday

[Bithabus]

The way i see it they changed it so that an accidental display isnt going to land you in jail. As in you reach for something on the top shelf at the store and some one sees it. Where as before with "fail to conceal" technically you failed to conceal it as you raised your arm above your head.

 

[Driller]

I think I am right on this. Before it was fail to conceal a handgun. Bold to the point statement..... now it is intentionally display IN A PUBLIC PLACE. Before it did not matter whether or not you believed your vehicle was a private place because of simple failure to conceal if a cop looked into your car. If a cop looks into your car in Sept. And sees a handgun intentional display....Does he define the inside of your vehicle a public place?

Driller

 

[Driller]

Hah. Just passed this on to a sheriff dept lieutenant. He agreed with me that this change means open handgun in vehicle would be ok. Someone will need to clarify this before Sept.

Driller

 

[txinvestigator]

The way i see it they changed it so that an accidental display isnt going to land you in jail. As in you reach for something on the top shelf at the store and some one sees it. Where as before with "fail to conceal" technically you failed to conceal it as you raised your arm above your head.

What you describe is not a violation under current law.

 

[txinvestigator]

I think I am right on this. Before it was fail to conceal a handgun. Bold to the point statement..... now it is intentionally display IN A PUBLIC PLACE. Before it did not matter whether or not you believed your vehicle was a private place because of simple failure to conceal if a cop looked into your car. If a cop looks into your car in Sept. And sees a handgun intentional display....Does he define the inside of your vehicle a public place?

Driller

Driller, you have to look at all elements of the law. Today, it is a violation if you intentionally fail to conceal. An inadvertent display is not unlawful.

As to your car question; did you look up the definition? A cop does not define public place, the penal code does.

 

[Driller]

Chapter 4 of penal code talks about court jurisdiction but I will dig in and educate myself on the rule of law for public places. Personally I do not intend to have a weapon unconcealed anyway in a vehicle especially in the presence of a LEO out of respect.

Driller

 

[txinvestigator]

Chapter 4 of penal code talks about court jurisdiction but I will dig in and educate myself on the rule of law for public places. Personally I do not intend to have a weapon unconcealed anyway in a vehicle especially in the presence of a LEO out of respect.

Driller

Sorry. Let me look and I will quote the penal code definition for you.

 

[txinvestigator]

Chapter 4 of penal code talks about court jurisdiction but I will dig in and educate myself on the rule of law for public places. Personally I do not intend to have a weapon unconcealed anyway in a vehicle especially in the presence of a LEO out of respect.

Driller

Sorry. Let me look and I will quote the penal code definition for you.

(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

1.07 of the code

 

[GPtwins]

I was looking forward to some of these bills passing. Most notabley the Sa/NSA bill though I was just going to fix that when I renewed. The no renewal class saves me time but I hope they keep publishing the packet material that includes the changes in the law. I think the campus bill is a good start and I will take it. Finally my fiance was p,eased to hear the classroom time was shortened. Not sure Inwas as pleased as there is a lot of good information in the class and I fear that some of it may be cut or that it just becomes a bunch of powerpoint slides and there is no time for questions.

 

[Shorts]

No violation for fail to conceal......isnt that open carry?

Driller

It has nothing to do with open carry.


S.B. No. 299

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 [̶f̶a̶i̶l̶s̶ ̶t̶o̶ ̶c̶o̶n̶c̶e̶a̶l̶ ] the handgun in plain view of another person in a public place

 

[Bithabus]

It has nothing to do with open carry.

Incorrect. After Sept 1 you may OC on private property on the authority of your CHL.

 

[Shorts]

Incorrect. After Sept 1 you may OC on private property on the authority of your CHL.

In public.

 

[Bithabus]

In public.

Huh?

 

[Shorts]

I don't see where you're getting "private property" and "open carry" from the penal code that is amended by the bill. Can you explain that?

 

[Bithabus]

I don't see where you're getting "private property" and "open carry" from the penal code that is amended by the bill. Can you explain that?

After Sept 1 it will be unlawful for a CHL holder to intentionally display a handgun in a public place. Now it is unlawful to intentionally fail to conceal, regardless of the location. After Sept 1 you can go to your friend's house and OC.

 

[Shorts]

After Sept 1 it will be unlawful for a CHL holder to intentionally display a handgun in a public place. Now it is unlawful to intentionally fail to conceal, regardless of the location. After Sept 1 you can go to your friend's house and OC.

Private property is not just houses. Is it your position that the law will allow CHLers to OC in businesses?

 

[RandomHero]

so, i should be able to buy AND CARRY this now (as of sep 1)?

Boker Kalashnikov Automatic Knife Tactical Drop Point (3.3" Plain) KALS74BK - Blade HQ

 

[RandomHero]

so, what about open carry?

 

[txinvestigator]

Incorrect. After Sept 1 you may OC on private property on the authority of your CHL.

I know you meant this, but you may open carry on private property THAT IS NOT a public place.

Taco Bell is private property, but it is also a public place. No open carry.

 

[txinvestigator]

so, what about open carry?

No changes.